Texas Personal Injury Law: What Every Victim Needs to Know

Texas personal injury law resources include the Texas Courts system and State Bar of Texas lawyer referral services. Understanding Texas proportionate responsibility is critical for maximizing recovery.

Texas personal injury law combines plaintiff-friendly damage awards with defendant-protective procedural rules. Understanding both aspects is essential for maximizing your recovery. This guide covers the critical legal framework, deadlines, and strategies specific to Texas injury claims.

Texas Statute of Limitations

Texas Civil Practice and Remedies Code Section 16.003 establishes a strict 2-year statute of limitations for personal injury claims. This deadline runs from the date of injury, with limited exceptions:

• Discovery rule: For latent injuries, the clock may start when injury was discovered or reasonably should have been discovered
• Minors: Children have until their 20th birthday (2 years after turning 18) to file
• Mental incapacity: The limitations period may be tolled during periods of legal incapacity
• Defendant absence: If the defendant leaves Texas, time may be tolled during their absence
• Government claims: Claims against Texas government entities require notice within 6 months

Texas Modified Comparative Negligence

Texas follows a modified comparative negligence system with a 51% bar (Texas Civil Practice and Remedies Code Section 33.001). This means:

• If you are 50% or less at fault: You can recover damages, reduced by your fault percentage
• If you are 51% or more at fault: You are completely barred from recovery
• Each defendant is responsible for their proportionate share of damages
• Joint and several liability applies only to defendants more than 50% at fault

Damages Available in Texas

Texas allows recovery for both economic and non-economic damages:

• Economic damages: Medical expenses, lost wages, loss of earning capacity, property damage (no caps)
• Non-economic damages: Pain and suffering, mental anguish, disfigurement, physical impairment (capped in medical malpractice)
• Punitive damages: Capped at greater of $200,000 or 2x economic + equal to non-economic up to $750,000
• Wrongful death: Pecuniary losses, mental anguish, loss of companionship (no cap)

Texas Insurance Requirements

Texas requires minimum auto insurance coverage of 30/60/25. However, these minimums are grossly inadequate for serious injuries. Understanding insurance coverage tiers helps set realistic expectations:

• Minimum liability: $30,000 per person / $60,000 per accident / $25,000 property damage
• Standard policies: Many drivers carry $50,000-$100,000 limits
• Commercial vehicles: Often $1 million or more
• Uninsured motorist: Essential protection given 14%+ Texas uninsured rate

Steps to Protect Your Texas Injury Claim

1. Report the accident: Call 911 for police documentation
2. Seek immediate medical attention: Creates causation evidence
3. Document everything: Photos, witness information, conditions
4. Do not give recorded statements to insurance without attorney advice
5. File insurance claim promptly but do not accept quick settlements
6. Consult an attorney within days, not weeks, of your injury