Houston Guide to Texas Personal Injury Law & Options

Estimated reading time: 12 min read

Introduction: Why Knowing Your Rights Matters in Houston, Texas

Houston’s nonstop traffic, booming construction, and expansive petrochemical industry make personal injuries an unfortunate—yet common—part of life for many residents. Each year, thousands of Houstonians suffer harm in auto collisions on I-45, slip-and-fall accidents in big-box stores, refinery explosions, and other preventable incidents. Understanding Texas personal injury law Houston rules is critical because the Lone Star State uses strict filing deadlines and comparative fault principles that can dramatically impact the compensation you ultimately receive. This guide breaks down everything an injured individual needs to know: the statute of limitations, negligence standards, damages caps, actionable post-accident steps, and local resources. Whether you were rear-ended on the Katy Freeway, hurt on the job at the Port of Houston, or injured by a defective product in your own home, the information below empowers you to make informed decisions—and helps you decide when to call a Houston accident attorney for professional guidance.

Common Claim Types We Cover

• Motor vehicle crashes (cars, trucks, motorcycles, rideshares)

• Slip-and-fall and other premises liability incidents

• Workplace and industrial injuries (including nonsubscriber employers)

• Defective products and dangerous pharmaceuticals

• Wrongful death claims on behalf of grieving families

While every case is unique, most follow the legal principles and procedural steps outlined below. Keep reading to safeguard your rights, avoid missteps, and maximize your potential recovery.

Understanding Texas Personal Injury Law

1. Statute of Limitations

Texas generally gives injured people two years from the date of the incident to file a lawsuit (Tex. Civ. Prac. & Rem. Code §16.003). Missing this deadline almost always bars recovery, so calendar the exact anniversary of your accident, and give yourself ample time to investigate and draft filings. Exceptions exist—for example, the clock may “toll” for minors or if the defendant leaves the state—but do not rely on exceptions without legal advice. Early action preserves evidence and strengthens negotiations with insurers.

2. Negligence & Comparative Fault

Most personal injury claims hinge on proving another party’s negligence: duty, breach, causation, and damages. Texas follows a modified comparative fault rule called proportionate responsibility (§33.001–.017). You can recover damages so long as you are not more than 50% at fault. However, your award is reduced by your percentage of fault. For example, if a jury finds you 20% responsible and awards $100,000, you receive $80,000.

3. Burden of Proof

The injured plaintiff bears the burden of proving negligence by a “preponderance of the evidence.” Collecting timely medical records, accident photographs, witness statements, and expert reports is crucial. An experienced personal injury lawyer Texas knows how to marshal this evidence to meet the legal standard.

Common Types of Personal Injury Cases in Texas

A. Motor Vehicle Collisions

According to the Texas Department of Transportation, Harris County leads the state in traffic crashes. Proving liability commonly involves the Texas Transportation Code (e.g., failure to maintain lane, unsafe speed) and electronic data such as ECU downloads. In rideshare cases (Uber, Lyft), unique insurance tiers apply depending on the driver’s app status.

• Key evidence: police crash reports (CR-3), dashcam footage, toxicology screens, cell-phone records.

• Legal focus: negligence per se for traffic violations, vicarious liability for commercial fleets.

B. Slip-and-Fall / Premises Liability

Texas premises cases require proving the property owner had actual or constructive knowledge of a dangerous condition and failed to fix or warn. A spilled drink on a grocery store aisle or a broken stair rail in an apartment complex qualifies. Surveillance footage and employee sweep logs frequently tip the scales in favor of injured shoppers.

C. Workplace & Industrial Injuries

Texas is the only state that does not mandate private employers to subscribe to workers’ compensation. If your employer is a “nonsubscriber,” you may bypass the workers’ comp system and sue directly for negligence—often leading to greater damage recovery because traditional defenses like contributory negligence are limited. Conversely, if your employer carries workers’ comp, different deadlines and administrative rules apply.

D. Defective Products

Under Texas product liability law, manufacturers and sellers can be strictly liable when a design, manufacturing, or marketing defect renders a product unreasonably dangerous. Expert testimony (engineering, warnings, human factors) is almost always required. The two-year statute of limitations still applies, though it may run from the date of discovery for latent defects.

E. Wrongful Death

The Texas Wrongful Death Act (§71.001–.012) permits the deceased’s spouse, children, and parents to sue for damages such as loss of companionship, mental anguish, and lost earning capacity. If these family members do not file within three months, the estate’s personal representative may proceed. The survival statute allows recovery for the decedent’s own pain and medical bills incurred before passing.

Texas Legal Protections & Regulations

1. Damage Caps

Medical Malpractice: Non-economic damages are generally capped at $250,000 per claimant against physicians and an additional $250,000 against health-care institutions, with a $500,000 overall cap on any one facility (§74.301).

• Punitive (Exemplary) Damages: Capped at the greater of (a) $200,000 or (b) two times economic damages plus up to $750,000 noneconomic damages (§41.008).

• Sovereign Immunity: Claims against state or local governments follow the Texas Tort Claims Act and carry stricter notice requirements (often within 6 months; Houston’s city charter shortens that to 90 days).

2. Recent Court Rulings Impacting Injury Claims

Texas courts continually refine negligence and damages law. A few notable cases:

• Hill Country LLC v. Hernandez (Tex. 2021): clarified landowners’ duty to warn of naturally occurring hazards on large rural properties.

• In re Lyft, Inc. (Tex. 2022): upheld mandatory arbitration clauses in rideshare user agreements, influencing how some claims proceed.

• Cameron Int’l Corp. v. Martinez (Tex. 2023): addressed proportionate responsibility and contribution among multiple defendants in a refinery explosion.

Staying abreast of case law is vital because opinions change evidentiary burdens and trial strategy.

3. Insurance Regulations

The Texas Department of Insurance (TDI) oversees auto and commercial liability policies. Minimum auto liability limits currently stand at 30/60/25 ($30,000 per person, $60,000 per crash, $25,000 property). Nonetheless, medical bills in catastrophic injuries often exceed these numbers quickly, underscoring the need to explore UM/UIM, PIP, or third-party commercial coverage.

Five Key Steps to Take After an Injury in Houston

Step 1: Get Immediate Medical Care

Even if you feel “fine,” adrenaline can mask serious injuries. Visiting Houston Methodist, Memorial Hermann, or an urgent care facility documents your condition and creates a treatment timeline that insurers cannot dispute. Follow all medical advice and keep copies of imaging, prescriptions, and work-restriction notes.

Step 2: Document the Scene

• Photograph vehicles, hazards, weather conditions, and lighting.

• Request surveillance footage from nearby businesses as soon as possible—many systems overwrite after 30 days.

• Obtain contact info for witnesses, employees, or first responders.

Step 3: Preserve Tangible Evidence

Store damaged clothing, defective products, or broken safety equipment in a secure place. Do not repair or alter items until an expert inspects them.

Step 4: Notify the Responsible Party & Their Insurer

Texas does not require you to give a recorded statement immediately. Provide only essential facts (date, location, parties) until you consult counsel. Written notice also satisfies certain statutory prerequisites (e.g., the Texas Tort Claims Act, Uninsured Motorist claims).

Step 5: Track Expenses & Losses

Create a folder—digital or physical—for medical bills, mileage to appointments, pharmacy receipts, and proof of lost wages (pay stubs, employer letters). These figures form the backbone of your damages demand.

When to Seek Legal Help in Texas

Minor fender-benders with straightforward property damage may be handled without counsel. However, you should strongly consider hiring a Houston accident attorney when:

• You sustained fractures, head trauma, spinal cord injury, or any condition requiring surgery or long-term treatment.

• Liability is disputed or multiple parties are involved (commercial trucks, construction contractors).

• An insurance adjuster pressures you to sign medical releases or provides a quick, low settlement.

• Government entities, nonsubscriber employers, or out-of-state defendants are implicated.

• The statute of limitations is approaching and you have not gathered complete evidence.

Louis Law Group has decades of combined experience fighting for Texans. We advance case costs, consult respected medical and accident-reconstruction experts, and only collect a fee if we secure compensation for you. Our bilingual staff assists Spanish-speaking clients throughout Houston, Galveston, and the entire Gulf Coast.

Local Resources & Next Steps

Essential Houston-Area Agencies and Courts

First and Fourteenth Courts of Appeals – Appellate courts hearing civil appeals from Harris County. Harris County District Clerk – File civil petitions, search case records, and obtain citation forms.

• Texas RioGrande Legal Aid and Houston Volunteer Lawyers – Free or low-cost representation for qualifying individuals.

Community Safety & Accident Trends

The Houston-Galveston Area Council reports that intersections along FM 1960 and Westheimer experience higher-than-average crash rates. Industrial incidents remain prevalent in the Ship Channel, and slip-and-falls spike during hurricane season when floors are wet from storms. Being aware of these hotspots can help residents avoid future harm.

Your Next Move

Every day you wait makes evidence fade and insurers stronger. If you or a loved one were injured anywhere in Texas, call Louis Law Group at 833-657-4812 for a free case evaluation. We will explain your rights, calculate your damages, and fight to hold negligent parties accountable. Legal Disclaimer: This guide provides general information specific to Texas and Houston law. It does not create an attorney-client relationship, nor is it a substitute for individualized legal advice.