ℹ️ Texas Unique: Texas is the only state where employers can opt out of workers comp entirely. This can benefit seriously injured workers who can sue for full damages.
Texas Personal Injury Claims: What Makes Texas Different
For authoritative Texas legal information, reference the Texas Courts official website and Texas Statutes. Texas personal injury claims follow the 2-year statute of limitations under Civil Practice & Remedies Code §16.003.
Texas personal injury law combines plaintiff-friendly damage potential with defendant-protective procedural rules. Understanding the Texas system helps you maximize your recovery while avoiding common pitfalls unique to the state.
Texas 51% Bar Rule
Texas follows modified comparative negligence with a 51% bar. If the jury finds you 51% or more at fault, you recover nothing. At 50% fault or less, your recovery is reduced by your fault percentage. Insurance companies work hard to push plaintiff fault above 50%.
Non-Subscriber Employers
Texas is the only state allowing employers to opt out of workers compensation. Approximately 33% of Texas employers are non-subscribers. When you are injured working for a non-subscriber, you can sue for full damages including pain and suffering—often recovering more than workers comp would provide.
Texas Statute of Limitations
- Personal injury: 2 years from injury date
- Medical malpractice: 2 years with 10-year statute of repose
- Product liability: 2 years with 15-year statute of repose
- Government claims: Notice required within 6 months
Texas Damage Categories
- Economic damages: Medical bills, lost wages, future costs (no cap)
- Non-economic damages: Pain, mental anguish, disfigurement (capped in medical malpractice only)
- Punitive damages: Capped at $200,000 or 2x economic + non-economic up to $750,000
- Wrongful death: Surviving spouse, children, and parents may recover
Texas Insurance Requirements
Texas mandates minimum coverage of 30/60/25. With serious injuries easily exceeding these limits, understanding available coverage layers is critical. Texas has a high uninsured driver rate, making UM/UIM coverage essential protection.
Protecting Your Texas Claim
- Call 911 and get a police report
- Seek immediate medical attention
- Do not admit fault or apologize at the scene
- Do not give recorded statements to insurance
- Document everything with photos and notes
- Consult a Texas personal injury attorney promptly
ℹ️ Texas Injury Help: Quick Claim connects you with experienced Texas attorneys. Free consultation: (773) 839-6086.