Texas Personal Injury Law Guide for Houston Claimants

Introduction: Knowing Your Personal Injury Rights in Houston, Texas

Read time: 13 min read

Why This Guide Matters for Houston Residents

Every week, hundreds of people in Houston visit emergency rooms after crashes on I-45, slip-and-falls in grocery aisles, or industrial incidents near the Ship Channel. When someone else’s negligence causes those injuries, Texas law allows you to seek compensation for medical bills, lost wages, pain and suffering, and other losses. Yet many injured Houstonians forfeit significant legal rights because they do not understand the strict deadlines and procedural rules that govern Texas personal injury claims.

This comprehensive guide, prepared with a slight bias toward protecting injured individuals, walks you through:

• Key provisions of Texas personal injury law and the Texas Civil Practice and Remedies Code (TCPRC)

• Common accident types in Harris County

• The two-year statute of limitations and comparative fault rules

• Practical steps to preserve evidence and strengthen your claim

• When and how an experienced Houston accident attorney can maximize your recovery

Legal disclaimer: The information below is for general educational purposes only and does not create an attorney–client relationship. Always consult a licensed Texas lawyer about your specific circumstances.

Understanding Texas Personal Injury Law

1. Statute of Limitations

Under TCPRC §16.003, most personal injury lawsuits must be filed within two years of the date of injury. Certain claims have shorter windows (for example, suits against government entities require notice within six months under the Texas Tort Claims Act). Missing the deadline typically bars recovery, so act quickly.

2. Negligence and Comparative Fault

To win a personal injury case in Texas, you must prove four elements: duty, breach, causation, and damages. Texas follows a modified comparative fault rule (TCPRC §33.001). If you are 50 percent or less at fault, your damages are reduced by your percentage of responsibility; at 51 percent or more, you recover nothing. Insurance adjusters often exploit this rule, so meticulous evidence is vital.

3. Damage Categories

• Economic: medical expenses, rehabilitation, lost earnings, property damage

• Non-economic: pain and suffering, emotional distress, loss of consortium

• Exemplary (punitive): awarded only when a defendant’s conduct involves malice or gross negligence (TCPRC §41.003)

Texas caps non-economic damages only in specific medical malpractice cases (TCPRC §74.301) and governmental liability claims, but not in standard auto or premises liability actions.

Common Types of Personal Injury Cases in Texas

1. Car and Truck Accidents

Houston’s status as an energy and shipping hub means congested highways and a high rate of commercial trucking collisions. Proving liability often involves:

• Police crash reports from the Houston Police Department or Harris County Sheriff’s Office

• Event data recorders (black boxes) from vehicles

• Cell-phone records showing distracted driving

• Violations of Federal Motor Carrier Safety Regulations for 18-wheelers

Texas requires minimum auto liability coverage of 30/60/25, but serious injuries may exceed those limits, making uninsured/underinsured motorist (UM/UIM) claims crucial.

2. Slip-and-Fall (Premises Liability)

Under Texas premises law, property owners owe varying duties depending on whether the injured person is an invitee, licensee, or trespasser. Most shoppers are invitees, so businesses must remedy or warn of unreasonably dangerous conditions they knew or should have known about. Surveillance footage and incident reports help establish constructive notice.

3. Workplace Injuries

Unlike many states, Texas does not mandate private employers to subscribe to the state workers’ compensation system. If your employer is a nonsubscriber, you may sue directly for negligence without the usual workers’ comp limitations. Even when workers’ compensation applies, you might still pursue third-party claims against negligent equipment manufacturers or subcontractors.

4. Defective Products

TCPRC §82.001 et seq. codifies product liability actions based on design defects, manufacturing defects, or inadequate warnings. Plaintiffs must generally present expert testimony to prove a safer alternative design.

5. Wrongful Death

When negligence claims a life, the Texas Wrongful Death Act allows surviving spouses, children, and parents to sue for lost earnings, companionship, and mental anguish. An estate representative may also sue for survival damages on behalf of the decedent.

Texas Legal Protections, Regulations, and Recent Court Rulings

Caps and Limitations

• Medical malpractice: Non-economic damages are limited to 250,000 dollars per physician and 500,000 dollars overall for a healthcare facility.

• Governmental claims: Damages are limited to 250,000 dollars per person and 500,000 dollars per occurrence for state entities; different caps apply to municipalities.

• Exemplary damages: Capped at the greater of 200,000 dollars or two times economic damages plus up to 750,000 dollars in non-economic damages (TCPRC §41.008).

Notable Texas Supreme Court Decisions

• J&B Welding Supply, Inc. v. Hernandez (2021): Clarified employer liability when providing allegedly defective equipment to nonsubscriber employees.

• In re Allstate Indemnity Co. (2022): Strengthened discovery limits on prior similar claims, affecting bad-faith insurance litigation.

• Los Compadres Pescadores, L.L.C. v. Valdez (2020): Addressed proportionate responsibility in multi-defendant maritime accidents occurring in Texas waters.

Regulatory Agencies You Should Know

Texas Department of Insurance (TDI) – Oversees insurer conduct, policy forms, and consumer complaints. Texas Civil Practice and Remedies Code – Primary statute governing tort actions. Harris County District Clerk – Filing portal for most civil personal injury suits in Houston. State Bar of Texas Lawyer Referral & Information Service – Confirms attorney licensing and board certification.

Steps to Take After an Injury in Houston

The minutes and days after an accident can make or break a claim. Follow these actions whenever possible:

1. Seek Immediate Medical Attention

Even if symptoms seem minor, prompt evaluation at facilities such as Memorial Hermann or Ben Taub can uncover hidden injuries and create vital medical records. Delays allow insurers to argue your injuries are unrelated.

2. Document the Scene

• Use your phone to photograph vehicle positions, skid marks, hazard warnings, or wet floors.

• Obtain contact information from witnesses before they leave.

• For workplace injuries, notify your supervisor in writing and request OSHA logs.

3. Preserve Physical and Electronic Evidence

Keep damaged items (e.g., torn clothing, defective tools) in a safe place. For auto accidents, send a spoliation letter to the adverse driver’s insurer requesting preservation of event data recorders and maintenance logs. A Houston accident attorney can draft this letter quickly.

4. Notify the Proper Parties

Texas is an at-fault insurance state. You must report auto accidents involving injury or more than 1,000 dollars in property damage to law enforcement (Texas Transportation Code §550.026). Notify property owners or store managers for premises incidents. Under the Texas Tort Claims Act, you must give governmental agencies formal notice within six months—sometimes much sooner under municipal charters like Houston’s 90-day requirement.

5. Avoid Early Settlement Traps

Insurance adjusters may rush to obtain a recorded statement or offer a quick check. Politely decline until you have legal representation. A hasty signature can waive rights to future medical costs.

When to Seek Legal Help in Texas

Complexities That Warrant an Attorney

• Severe injuries (fractures, head trauma, spinal cord damage)

• Disputed liability or multiple at-fault parties

• Commercial vehicle policies or corporate defendants

• Potential product defects requiring expert analysis

• Government entities as defendants

Texas attorneys must be licensed by the State Bar of Texas; board certification in Personal Injury Trial Law by the Texas Board of Legal Specialization signals advanced competence. Experienced counsel can:

• Investigate crash data, surveillance footage, OSHA records, and expert reports

• Calculate full economic and non-economic damages

• Negotiate effectively with insurers familiar with local verdict trends

• File lawsuits in Harris County Civil Courts or federal court when necessary

Louis Law Group has recovered millions for Texas injury victims and offers free consultations. Their Houston team can come to your hospital room or home if you cannot travel.

Local Resources & Next Steps

Government and Non-Profit Assistance

• TDI Help Line: 800-252-3439 – File insurance complaints or verify policy coverage.

• Harris County Law Library: 1019 Congress Ave – Access legal forms and research tools.

• Lone Star Legal Aid: 713-652-0077 – Free civil legal services for qualifying low-income residents.

• Houston Municipal Courts Self-Help Center: Basic guidance on small property damage cases.

Courthouse Locations

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

• United States District Court, Southern District of Texas – 515 Rusk St., Houston, TX 77002

Collision Hot Spots in Houston

TxDOT data consistently lists I-45 at Beltway 8, US 59 near Midtown, and Highway 6 in West Houston among the city’s most dangerous corridors. Knowing these zones can bolster claims showing foreseeability and negligence when defendants ignore known risks.

Your Action Plan

• Record the date of injury and create calendar reminders 18 months and 22 months out to monitor limitation deadlines.

• Gather all medical bills, pay stubs, and insurance correspondence in a dedicated folder.

• Call a Houston personal injury lawyer to review your evidence before speaking with insurers.

• If the claim stalls, file suit in the appropriate Harris County court well before the two-year mark.

Still Unsure? Protect your health, finances, and future by securing knowledgeable counsel.

If you’ve been injured anywhere in Texas, call Louis Law Group at 833-657-4812 for a free, no-obligation case evaluation today.

Frequently Asked Questions

How long do personal injury cases in Houston usually take?

Simple claims may settle within a few months. Complex cases involving catastrophic injuries or multiple defendants can take 18–24 months or longer, particularly if they proceed to trial.

Will I have to go to court?

Most personal injury disputes resolve through settlement or mediation. However, preparing a case as if trial were certain often increases settlement value. Your attorney will advise whether filing suit is strategic based on the facts and insurers involved.

What if I am partly at fault?

You can still recover damages in Texas as long as your responsibility does not exceed 50 percent. Your award will be reduced by your percentage of fault.

Can I afford an attorney?

Reputable Houston accident attorneys typically work on contingency, meaning you pay nothing upfront and no fees unless they win your case.

Conclusion

Navigating Texas personal injury law without guidance can jeopardize your health and financial stability. Understanding the two-year statute of limitations, comparative fault rules, and evidentiary requirements is essential—but retaining a skilled lawyer often makes the decisive difference. Whether you were rear-ended on the Gulf Freeway or injured by a defective product in Spring Branch, swift, informed action protects your rights.

Ready to enforce your rights? Call Louis Law Group at 833-657-4812 for your free consultation now.