Houston Texas Personal Injury Law Guide: Know Your Rights

Estimated read time: 13 min read

Introduction: Why Understanding Texas Personal Injury Law Matters in Houston

Every year, thousands of Houstonians are hurt in auto collisions on I-10 and I-45, slip-and-falls in busy Galleria shops, plant explosions along the Ship Channel, and other preventable incidents. According to the Texas Department of Transportation, Harris County alone recorded more than 114,000 traffic crashes in 2022, the highest in the state. Yet an accident does not automatically translate into fair compensation. Texas personal injury law sets strict deadlines, defines how fault is allocated, and limits certain damages. If you live or work in Houston, knowing these rules is critical to safeguarding your medical recovery, lost income, and future quality of life.

This comprehensive guide—written from the perspective of protecting injured individuals—covers:

• The two-year Texas statute of limitations and how to stop the clock.

• Negligence and modified comparative fault rules that reduce (or bar) recovery.

• Specific standards for car accidents, 18-wheeler crashes, slip and fall, workplace injuries, product defects, and wrongful death.

• Steps to take immediately after an injury in Houston to strengthen your case.

• When and why it makes sense to hire a personal injury lawyer.

• Local resources—from emergency rooms to the Harris County Civil Courthouse—that every claimant should know.

Whether you are searching online for a “houston accident attorney” after a rear-end collision on Beltway 8 or wondering how Texas injury claims work after a refinery explosion, this guide equips you with actionable information. For personalized help, contact Louis Law Group at 833-657-4812 for a free, no-obligation consultation.

Understanding Texas Personal Injury Law

1. Texas Statute of Limitations: The Two-Year Countdown

Under Texas Civil Practice & Remedies Code §16.003, most personal injury lawsuits must be filed within two years of the date of injury or wrongful death. Miss this deadline and courts will almost certainly dismiss your claim—regardless of its merits. There are limited exceptions:

• Discovery Rule: If you could not reasonably have discovered the injury (e.g., latent product defect), the two-year period starts when the injury is discovered or should have been discovered.

• Minor Plaintiffs: For children under 18, the statute is tolled until their 18th birthday, giving them until age 20.

• Government Defendants: If you are suing a Texas governmental unit, notice must be provided within six months under the Texas Tort Claims Act, and the limitations period may differ.

2. Negligence & Modified Comparative Fault

Texas follows a 51% modified comparative fault system (Tex. Civ. Prac. & Rem. Code §33.001). You can recover damages only if you are not more than 50% responsible for the accident. Your award is reduced by your percentage of fault. For example, if a Houston jury finds you 20% at fault for a multi-car pileup on US-59 and awards $100,000, you take home $80,000.

The defense will often try to shift blame to reduce its payout. Preserving evidence, getting eyewitness statements, and retaining an experienced personal injury lawyer Texas residents trust are vital to counter these arguments.

3. Elements of a Personal Injury Claim

• Duty: The defendant owed you a legal duty (e.g., drivers must follow the Texas Transportation Code).

• Breach: They breached that duty (speeding, failing to clean a spill, selling a defective product).

• Causation: The breach directly caused your injury.

• Damages: You suffered losses—medical bills, lost wages, pain and suffering.

You (the plaintiff) bear the burden of proof by a preponderance of the evidence (more likely than not).

Common Types of Personal Injury Cases in Texas

1. Car and Truck Accidents

Houston’s sprawl and heavy industry mean highways packed with commuters, freight trucks, and petrochemical tankers. To prove negligence, you typically rely on police crash reports, dash-cam footage, toxicology results, and the at-fault driver’s violation of traffic statutes. Commercial truck cases may invoke federal regulations under the Federal Motor Carrier Safety Administration (FMCSA) in addition to Texas law.

2. Slip and Fall / Premises Liability

Texas premises liability requires showing the property owner:

• Had actual or constructive notice of a dangerous condition,

• Failed to take reasonable steps to fix or warn, and

• That failure caused your injury.

Evidence often comes from surveillance footage, incident reports, and maintenance logs. Timing matters: spills are common defenses—owners argue they lacked notice.

3. Workplace & Industrial Injuries

Texas is the only state that does not require private employers to subscribe to workers’ compensation. If your Houston employer is nonsubscriber, you may file a negligence suit free from the typical workers’ comp damages caps. Even if the employer carries coverage, you might have claims against third parties (equipment manufacturers, contractors).

4. Defective Products

Under Texas strict product liability, you may sue manufacturers, distributors, or retailers if a defect in design, manufacturing, or warnings rendered the product unreasonably dangerous. Well-documented examples include defective Takata airbags and recalled children’s furniture prone to tip-overs.

5. Wrongful Death

When negligence results in loss of life, wrongful death claims may be brought by the decedent’s spouse, children, and parents (Tex. Civ. Prac. & Rem. Code §71). Damages include lost earning capacity, loss of consortium, mental anguish, and funeral expenses. A related survival action allows the estate to recover the decedent’s personal injury damages that accrued before death.

Texas Legal Protections & Key Regulations

1. Damage Caps

• Medical Malpractice: Non-economic damages are capped at $250,000 per physician and $500,000 overall per institution under Tex. Civ. Prac. & Rem. Code §74.301.

• Governmental Liability: Caps vary by entity—$250,000 per person and $500,000 per occurrence for state/government units; $100,000 per person and $300,000 per occurrence for smaller municipalities.

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

2. Insurance Regulations

The Texas Department of Insurance (TDI) sets minimum auto liability limits—currently $30,000 per person/$60,000 per accident for bodily injury and $25,000 for property damage (“30/60/25”). Adjusters must follow the Unfair Claim Settlement Practices Act (Tex. Ins. Code §542) when handling Texas injury claims. If an insurer fails to promptly investigate or pay, you may pursue “bad-faith” damages.

3. Recent Court Precedents

In re Allstate Indemnity Co. (Tex. 2022) – Texas Supreme Court clarified discovery limits in underinsured motorist cases, reinforcing the burden on plaintiffs to prove liability and damages before UIM benefits are owed. Hill County v. Lopez (Tex. 2021) – Reinforced governmental immunity exceptions for premises defects; plaintiffs must show the county had actual knowledge of the hazard. Cameron International Corp. v. Martinez (Tex. 2020) – Upheld application of proportionate responsibility where multiple defendants contribute to an offshore injury, emphasizing the 51% bar rule.

Staying abreast of new decisions helps your attorney craft stronger arguments and anticipate defenses.

Steps to Take Immediately After an Injury in Houston

• Seek Medical Attention Your health comes first. Call 911 or visit the nearest ER such as Memorial Hermann or Houston Methodist. Early treatment documents causation and prevents insurers from arguing your injuries are unrelated.

• Report the Incident For traffic accidents, Texas law requires drivers to report crashes causing injury, death, or $1,000+ property damage. Slip-and-falls should be reported to store management. Request a written incident report.

• Preserve Evidence Take photos of the scene, your injuries, and any defective condition before it is fixed. Collect witness names, phone numbers, and physical evidence such as torn clothing or damaged products. Save all medical records and receipts.

• Notify Insurance but Limit Statements Texas is a fault state, so you must generally pursue the at-fault party’s insurer. Provide basic facts only; recorded statements can be used to minimize your payout. Politely decline until you have counsel.

• Avoid Social Media Photos or posts showing you dancing at a Houston Rodeo after the accident can undermine your claim. Defense firms scour social media for ammunition.

• Contact a Qualified Personal Injury Lawyer Early representation levels the playing field, preserves evidence (e.g., black-box data on trucks), and ensures compliance with every deadline.

When and Why to Hire a Personal Injury Lawyer in Texas

While Texas law permits self-representation, studies show represented plaintiffs typically recover substantially higher settlements. You should consult counsel when:

• Liability is disputed or multiple parties are involved.

• You suffered serious injuries—fractures, head trauma, spinal damage—that exceed PIP/MedPay limits.

• An insurance adjuster pressures you to accept a quick, low offer.

• The two-year deadline is approaching.

• The defendant is a commercial carrier, refinery, or product manufacturer with deep resources.

Louis Law Group has recovered millions for Texas injury victims by:

• Conducting independent investigations and accident reconstructions.

• Negotiating medical bill reductions to maximize client net recovery.

• Litigating aggressively in the 152nd, 80th, and other Harris County District Courts.

• Advancing case costs—no fee unless they win.

If you need a “personal injury lawyer Texas” residents can trust, call 833-657-4812 for a free evaluation.

Local Resources & Next Steps

1. Government & Courts

Harris County District Clerk – File civil lawsuits, search case records.

• Harris County Civil Courthouse – 201 Caroline St., Houston, TX 77002.

State Bar of Texas Attorney Lookup – Verify lawyer licensing and discipline.

2. Insurance & Consumer Help

• Texas Department of Insurance Consumer Help Line: 1-800-252-3439.

• File complaints online if an insurer unreasonably delays payment.

3. Legal Aid & Pro Bono

Houston Bar Association – Lawyer Referral Service and monthly LegalLine (free phone advice).

• Lone Star Legal Aid – Civil legal services for qualifying low-income residents.

4. Medical & Rehabilitation Facilities

• Memorial Hermann Texas Medical Center Emergency – Level I trauma care.

• TIRR Memorial Hermann – Nationally ranked for spinal cord and brain injury rehab.

Get Help Today – Free Case Evaluation

If you or a loved one was hurt in a Houston accident, you do not have to face insurers or corporate defense teams alone. Louis Law Group fights for maximum compensation, and you pay nothing unless they win. Call 833-657-4812 now or fill out their online form for your free, confidential case review.

Legal Disclaimer

This guide is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. Every case is unique; consult a qualified lawyer about your specific situation. Past results do not guarantee future outcomes. Louis Law Group is licensed to practice law in Texas. Principal office: Houston, Texas. Attorney advertisement.