Houston, Texas Personal Injury Lawyer Guide & Rights

Introduction: Why Houston Victims Need a Local Personal Injury Guide

Houston is the largest city in Texas and the fourth-largest in the United States. With sprawling highways such as I-45, I-10, and U.S. 59, an economy driven by energy, shipping, health care, and construction, and recurring extreme-weather events, accidents are inevitable. According to the Texas Department of Transportation, Harris County records more crash injuries each year than any other county in Texas. Whether you were struck in Midtown traffic, hurt on an oil-services job near the Port of Houston, or slipped at a Galleria retail property, you are likely asking the same question: “How do I protect my rights under Texas personal injury law?”

This comprehensive guide—written with a slight bias toward protecting injury victims—explains how Texas statutes, court procedures, and local Houston realities shape your claim. It focuses on:

• The two-year statute of limitations in Texas Civil Practice & Remedies Code (CPRC) §16.003.

• Proportionate responsibility rules under CPRC Chapter 33.

• Critical first steps after an accident in Houston.

• When and why to consult a personal injury lawyer Houston Texas residents trust.

The information below is factual, drawn from authoritative Texas sources, and localized to Houston. It is for educational purposes only and is not legal advice.

Understanding Your Personal Injury Rights in Texas

Fault-Based Liability

Texas follows a fault-based system: the person or entity whose negligence, strict liability, or intentional acts caused your injury is legally responsible for your losses. Negligence requires proof of duty, breach, causation, and damages under Texas case law (e.g., Lee Lewis Constr., Inc. v. Harrison, 70 S.W.3d 778 (Tex. 2001)).

Statute of Limitations

CPRC §16.003 sets a two-year deadline for most personal injury lawsuits, measured from the date of injury. Claims filed after two years are generally barred, so calendar this date immediately.

Proportionate Responsibility (Comparative Fault)

Texas’s modified comparative-fault rule in CPRC Chapter 33 reduces your recovery by your percentage of fault and bars recovery if you are more than 50% responsible. Example: if a jury finds you 20% at fault for a West Loop collision and total damages of $100,000, you may collect $80,000.

Damage Caps

Most Texas personal injury cases have no overall cap, but punitive (exemplary) damages are limited by CPRC §41.008: the greater of (a) $200,000 or (b) two times economic damages plus up to $750,000 of non-economic damages.

Right to a Jury Trial

Texas Constitution Art. I §15 guarantees trial by jury upon payment of the statutory jury fee (currently $40 in district court). Harris County District Courts routinely hear complex injury suits.

Common Types of Personal Injury Cases in Houston, Texas

Motor Vehicle Crashes

I-45 and Beltway 8 are consistently ranked among the most dangerous corridors in the country. Rear-end collisions, rideshare crashes, and trucking accidents near the Port of Houston dominate Harris County dockets.

Workplace & Industrial Accidents

Houston’s petrochemical sector poses risks of refinery explosions and toxic exposures. Non-subscriber employers (those who opt out of workers’ compensation) may be sued for negligence under CPRC §406.033.

Premises Liability

Slip-and-fall incidents at shopping centers such as The Galleria or Memorial City Mall require proof that the owner knew or should have known of a dangerous condition (see CMH Homes, Inc. v. Daenen, 15 S.W.3d 97 (Tex. 2000)).

Product Liability

Defective consumer goods, medical devices, or industrial machinery are governed by Texas Products Liability Act, CPRC §82.001 et seq.

Weather-Related Injuries

Hurricanes and severe flooding (e.g., Hurricane Harvey) can cause building collapses or electrocutions. Property owners may be liable for failing to secure premises.

Texas Legal Protections & Injury Laws

Filing a Lawsuit

Lawsuits in Houston are typically filed in the Harris County District Courts (civil jurisdiction > $250,000) or County Courts at Law (≤ $250,000). The plaintiff’s attorney files an Original Petition, pays a filing fee (about $350 in district court), and requests issuance of citation under Texas Rules of Civil Procedure (TRCP) 99.

Service of Process

TRCP 103–107 govern service. In Harris County, private process servers must be certified by the Texas Judicial Branch Certification Commission.

Discovery

Parties exchange interrogatories, requests for production, and depositions under TRCP 192–199. Electronic medical billing is discoverable under CPRC §18.001.

Settlement Negotiations & Mediation

Local courts routinely order mediation before trial. Many Houston mediators have oil-and-gas or trucking expertise, facilitating informed dialogue.

Insurance Requirements

Texas Transportation Code §601.072 requires minimum auto liability limits of $30,000 per person/$60,000 per accident/$25,000 property damage (“30/60/25”). Commercial carriers must carry higher limits under federal and Texas Department of Insurance regulations.

Attorney Licensing & Fees

Texas lawyers must be licensed by the State Bar of Texas and follow the Texas Disciplinary Rules of Professional Conduct. Personal injury firms usually work on contingency fees (33-40% of the settlement or verdict) as permitted by Rule 1.04.

Steps to Take After a Personal Injury in Texas

Seek Immediate Medical Attention Visit an emergency room such as Memorial Hermann–Texas Medical Center or Houston Methodist. Medical records establish causation. Report the Incident For vehicle crashes, file Form CR-2 (Driver’s Crash Report) if police did not investigate. For workplace injuries, notify your employer within 30 days (Labor Code §409.001). Document Everything Photograph the scene, injuries, and obtain witness contact information. Preserve Physical Evidence Do not repair vehicles or discard defective products before inspection. Avoid Recorded Statements Insurance adjusters may elicit admissions. Texas Insurance Code §541.060 prohibits unfair claim settlement practices, but statements can still be used against you. Contact a Qualified Attorney Early legal counsel preserves evidence and meets the statute of limitations.

When to Seek Legal Help in Texas

Serious or Catastrophic Injuries

Cases involving traumatic brain injury, spinal cord damage, or wrongful death demand specialized litigation resources and expert testimony.

Disputed Liability or Comparative Fault

If the defendant blames you for more than 50% of the incident, an experienced houston accident attorney can marshal evidence to contest fault apportionment.

Non-Subscriber Workplace Claims

When an employer lacks workers’ compensation coverage, Texas law removes certain defenses, but you must still prove negligence. Legal guidance is critical.

Insurance Bad Faith

If an insurer denies, delays, or underpays your claim, remedies under Texas Insurance Code §542 (Prompt Payment of Claims Act) may apply.

Local Resources & Next Steps

Harris County District Clerk – File and track civil cases online. Houston-Galveston Area Council Crash Data – Regional statistics useful for proving roadway hazards. Texas Department of Insurance – Verify insurer compliance and file complaints. Texas State Law Library Personal Injury Guide – Statutes and procedural rules.

Most reputable Houston firms offer free consultations and work on contingency, meaning you pay nothing up front. Interview attorneys about trial experience, expert networks, and verdict history.

Legal Disclaimer

This guide provides general information based on authoritative Texas sources. It is not legal advice. Laws change, and every case is fact-specific. Consult a licensed Texas attorney for advice about your situation.

If you were injured due to someone else's negligence, call Louis Law Group at 833-657-4812 for a free case evaluation and legal consultation.