Dallas Texas Personal Injury Law Guide: Know Your Rights

Estimated reading time: 12 min read

Introduction: Why Understanding Texas Personal Injury Law Matters in Dallas

If you have been injured in Dallas, Texas, knowing your legal rights can make the difference between a denied insurance claim and the full compensation you deserve. From I-35 pile-ups to slip-and-falls in Uptown retail spaces, accidents happen every day across Dallas County. The Texas Department of Transportation (TxDOT) recorded more than 35,000 crash injuries in Dallas County in 2022 alone. Workplace injuries, defective products, and tragic wrongful deaths add to the tally. Whether you are dealing with painful medical bills, lost wages, or emotional distress, Texas law provides remedies—but strict deadlines and complex fault rules apply. This guide explains how Texas personal injury law works, outlines practical steps after an accident, and highlights when to contact an experienced Dallas accident attorney at Louis Law Group.

Common Personal Injury Claims in Dallas

• Auto and truck collisions on busy corridors such as I-20, I-30, and the Dallas North Tollway

• Slip-and-fall incidents in shopping centers, restaurants, and private residences

• Workplace injuries ranging from construction accidents to repetitive stress injuries in office settings

• Defective product claims involving dangerous machinery, pharmaceuticals, or consumer goods

• Wrongful death cases arising from fatal negligence

This resource is written with injured Texans in mind—empowering you with accurate, actionable information while acknowledging the real-world challenges you face.

Understanding Texas Personal Injury Law

1. Statute of Limitations

Under Texas Civil Practice and Remedies Code § 16.003, most personal injury lawsuits must be filed within two years of the date of injury. Missing this deadline generally bars recovery. Limited exceptions exist for minors, fraud, and latent injuries, but courts apply them narrowly. Act quickly to preserve your rights.

2. Negligence and the "Ordinary Care" Standard

Texas follows traditional negligence principles: a defendant is liable when they breach a duty of reasonable care, causing damages. Plaintiffs carry the burden to prove duty, breach, causation, and damages by a preponderance of the evidence.

3. Modified Comparative Fault – The 51% Rule

Texas applies modified comparative fault (proportionate responsibility) under § 33.001-33.017. If you are more than 50% at fault, you cannot recover. If you are 50% or less at fault, your damages are reduced by your percentage of responsibility. Insurance adjusters often exploit this rule to undervalue claims—proper documentation is key.

4. Damages Available

• Economic damages: medical bills, lost earnings, rehabilitation costs, property damage

• Non-economic damages: pain and suffering, mental anguish, loss of consortium

• Exemplary (punitive) damages: awarded only when the defendant acted with malice, fraud, or gross negligence; capped under § 41.008

Medical malpractice damages are subject to additional caps under § 74.301. Most other personal injury claims in Texas do not have statutory caps, allowing full recovery of proven losses.

Common Types of Personal Injury Cases in Texas

1. Auto, Truck, and Motorcycle Accidents

Texas is an "at-fault" state. Injured drivers typically file a claim against the negligent driver’s liability insurer. To succeed, you must prove the other driver breached a duty—speeding, distracted driving, or violating traffic laws. Commercial trucking cases often involve federal regulations (FMCSA) and multiple defendants (trucking company, maintenance vendor).

Proving Your Claim

• Police crash report (Texas Peace Officer’s Crash Report; CR-3)

• Eyewitness statements and dashboard or traffic-camera footage

• Electronic logging device (ELD) data in truck cases

• Medical records establishing injury causation

2. Premises Liability (Slip-and-Fall)

Under Wal-Mart Stores v. Reece, 81 S.W.3d 812 (Tex. 2002), plaintiffs must show the property owner knew or should have known about a dangerous condition and failed to remedy it. Timely photographs of the hazard and incident reports are crucial.

3. Workplace Injuries

Texas is the only state that does not require private employers to carry workers’ compensation. If your employer subscribes, benefits are generally your exclusive remedy. If they are a nonsubscriber, you can sue for negligence. Third-party claims (e.g., defective equipment manufacturer) may also exist.

4. Product Liability

Texas recognizes strict liability for defective design, manufacturing defects, and inadequate warnings under General Motors Corp. v. Saenz, 873 S.W.2d 353 (Tex. 1993). A knowledgeable attorney can marshal expert testimony to link the defect to your injuries.

5. Wrongful Death

Surviving spouses, children, and parents may file a wrongful death action within two years under § 71.002. Damages include loss of companionship, mental anguish, and exemplary damages when gross negligence or willful acts are proven.

Texas Legal Protections & Recent Court Rulings

State Statutes That Protect Injured Texans

• Texas Insurance Code Chapters 541 & 542: Imposes penalties for unfair claim settlement practices and delays.

• Texas Transportation Code § 550.021: Requires drivers to stop and render aid. Failure can support punitive damages.

• Texas Labor Code § 406: Describes workers’ compensation framework and employer nonsubscription rules.

• Damages Caps: Medical malpractice caps ($250k per doctor, $500k per facility) under § 74.301; punitive damages cap at the greater of $200k or two times economic damages plus $750k non-economic, per § 41.008.

Notable Texas Supreme Court Decisions

• J&J/Janssen v. Pinnacle Hip Implant (2021): Clarified expert testimony standards in product defect cases post-Daubert.

• In re Farmers Tex. Cty. Mut. Ins. Co. (2022): Limited insurers’ ability to demand invasive medical examinations without good cause.

Steps to Take After an Injury in Dallas

1. Seek Immediate Medical Care

Your health comes first, and prompt treatment creates critical medical records. Even if symptoms seem minor, adrenaline can mask serious injuries like concussions or internal bleeding.

2. Report and Document the Incident

• For car crashes: call 9-1-1. Dallas Police Department will generate a CR-3 report if injuries or property damage exceed $1,000.

• For premises accidents: ask the manager to create an incident report and request a copy.

• For workplace injuries: notify your supervisor in writing within 30 days under Texas Labor Code § 409.001.

3. Preserve Evidence

• Photograph vehicles, hazards, injuries, weather conditions, and license plates.

• Obtain contact details for witnesses.

• Keep damaged property (e.g., torn clothing, defective product) in a safe place.

4. Track Expenses and Losses

Create a folder for medical bills, prescription receipts, mileage to appointments, and pay stubs showing lost income. Texas allows recovery of reasonable and necessary medical expenses proved by affidavits under § 18.001.

5. Notify Insurance Companies Cautiously

Texas does not require you to provide a recorded statement to the at-fault insurer—despite what adjusters may imply. Give only basic facts until you consult counsel.

6. Consult a Dallas Accident Attorney Early

The two-year clock starts ticking immediately. An attorney can preserve evidence, negotiate medical liens, and file suit before time runs out.

When to Seek Legal Help in Texas

Minor fender-benders with no injuries can sometimes be resolved without counsel. However, you should contact a personal injury lawyer Texas residents trust when:

• You sustained any injury requiring medical treatment.

• Fault is disputed, or multiple parties are involved.

• An insurance company denies, delays, or lowballs your claim.

• You suspect a product defect or employer negligence contributed to your harm.

• A loved one has died due to another’s negligence.

Louis Law Group focuses on helping injured Texans fight powerful insurers and corporations. Our attorneys review medical records, hire reputable experts, and litigate in Dallas County courts when necessary.

How Louis Law Group Supports Injured Clients

• Free case evaluation: No obligation, no upfront fees.

• Thorough investigation: Scene inspections, witness interviews, black-box downloads.

• Medical network access: We help clients obtain treatment even without health insurance.

• Aggressive negotiation: Leveraging Texas Insurance Code violations to maximize settlements.

• Trial-ready litigation: Board-certified attorneys licensed in all Texas state courts and the Northern District of Texas federal court.

Local Resources & Next Steps for Dallas Residents

Texas Department of Insurance – File complaints against insurers, verify adjuster licenses. Texas Civil Practice & Remedies Code – Full text of statutes governing personal injury claims. Dallas County Courts – Locations, dockets, and filing fees for county and district courts. State Bar of Texas Lawyer Referral Service – Verify attorney licensure and discipline history.

Dallas Accident Trends & Safety Concerns

According to TxDOT’s 2022 Crash Facts, Dallas County ranked among the top three in Texas for alcohol-related crashes and fatal intersection accidents. Construction-boom growth also increases workplace injury risks, with OSHA citing Dallas-area job sites for fall protection violations 53 times in 2023. Staying vigilant—and knowing your rights—can save lives and strengthen claims.

What to Do Now

Time is not on your side. Evidence fades, witnesses relocate, and insurers move quickly to minimize payouts. Preserve your claim value by acting today.

Call Louis Law Group at 833-657-4812 for a free, no-risk case evaluation. We charge no fees unless we win your case.

Legal Disclaimer

This guide is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. Consult a licensed Texas attorney about your specific situation.

If you’ve been injured in Texas, call 833-657-4812 now for a free case evaluation—get the justice and compensation you deserve.