Personal Injury Claims in Texas 2026: Complete Guide

Texas personal injury law protects individuals who have been harmed by another's negligence or intentional conduct. From car accidents to medical malpractice, understanding Texas-specific rules like proportionate responsibility, damages caps, and strict deadlines is essential to protecting your right to compensation.

What is Personal Injury Law?

Personal injury law (tort law) allows injured parties to seek monetary compensation when someone else's wrongful conduct causes harm.

Elements of a Personal Injury Claim in Texas

1. Duty: Defendant owed you a duty of care
2. Breach: Defendant breached that duty through negligent or intentional action
3. Causation: The breach directly caused your injuries
4. Damages: You suffered actual compensable harm

Types of Personal Injury Cases in Texas

Motor Vehicle Accidents

• Car accidents (leading cause of personal injury claims)
• Truck accidents (18-wheelers, commercial vehicles)
• Motorcycle accidents
• Pedestrian knockdowns
• Bicycle accidents
• Rideshare accidents (Uber, Lyft)

Premises Liability

• Slip and fall on dangerous property
• Inadequate security (assaults, robberies)
• Swimming pool accidents
• Negligent maintenance
• Construction site injuries

Dog Bites and Animal Attacks

• Texas follows "one bite rule" (owner liable if knew of dangerous propensity)
• Strict liability for dangerous animals kept contrary to ordinance
• Negligence liability if owner failed to control animal

Medical Malpractice

• Surgical errors
• Misdiagnosis or delayed diagnosis
• Birth injuries
• Medication errors
• Nursing home abuse/neglect

Product Liability

• Defective products (design, manufacturing, or warning defects)
• Dangerous drugs
• Defective medical devices
• Automotive defects

Workplace Accidents

• Generally covered by workers' compensation
• Third-party claims possible (e.g., defective equipment manufacturer)
• Employer liability if no workers' comp coverage (some employers exempt)

Wrongful Death

• Death caused by wrongful act or negligence
• Specific statutory beneficiaries can sue (spouse, children, parents)
• Survival action for deceased's estate also possible

Types of Damages in Texas

Economic Damages

Objectively verifiable monetary losses:

• Medical expenses: Past and future treatment costs
• Lost wages: Income lost during recovery
• Loss of earning capacity: Reduced ability to earn in future
• Property damage: Vehicle repair/replacement, etc.
• Rehabilitation costs
• Household services: If unable to perform tasks

Non-Economic Damages

Subjective, intangible losses:

• Physical pain and suffering
• Mental anguish (emotional distress, anxiety, depression)
• Loss of consortium (impact on marital relationship)
• Disfigurement and scarring
• Physical impairment
• Loss of enjoyment of life

Exemplary (Punitive) Damages

Available only for egregious conduct (fraud, malice, or gross negligence):

• Require higher burden of proof (clear and convincing evidence)
• Capped at greater of:
  • 2x economic damages + $750,000 in non-economic damages, OR
  • $200,000
• Common in drunk driving cases, intentional torts

Statute of Limitations in Texas

Texas law sets strict deadlines to file lawsuits. Missing the deadline usually bars your claim forever.

*Medical malpractice: 2 years from occurrence OR when treatment ended, whichever is later (max 10 years from occurrence, with exceptions for foreign objects)

**Minors under 12 at time of malpractice can sue until age 14 (but no later than 10 years from occurrence)

***Government claims: Must provide written notice within 6 months, then file suit within 6 months after denial or 90 days after notice (whichever first)

Tolling of Statute of Limitations

• Minors: Generally, clock doesn't start until age 18 (with exceptions)
• Defendant Absence: Statute tolled if defendant leaves Texas to avoid service
• Discovery Rule: For cases where injury not immediately discoverable (limited application)

Proportionate Responsibility (Modified Comparative Fault)

Texas Civil Practice and Remedies Code § 33.001 establishes proportionate responsibility rules:

The 51% Bar Rule

• If you are 50% or less at fault: You can recover damages reduced by your percentage of fault
• If you are 51% or more at fault: You recover NOTHING

How It Works

Example 1 - Recovery Allowed:

• Total damages: $100,000
• You are 30% at fault
• Defendant is 70% at fault
• You recover: $70,000

Example 2 - Recovery Allowed (50/50):

• Total damages: $50,000
• You are 50% at fault
• Defendant is 50% at fault
• You recover: $25,000

Example 3 - NO Recovery:

• Total damages: $80,000
• You are 51% at fault
• Defendant is 49% at fault
• You recover: $0

Multiple Defendants

When multiple parties are responsible:

• Each defendant pays only their percentage of fault
• If one defendant is judgment-proof (bankrupt, uninsured), others don't pay their share
• Exception: Defendants acting in concert may be jointly liable

The Personal Injury Claims Process

Step 1: Seek Immediate Medical Treatment

• Go to ER or urgent care if serious
• Follow up with primary doctor
• Attend all appointments
• Keep all medical records and bills
• Important: Gaps in treatment hurt your claim

Step 2: Report the Incident

• Car accidents: Call police for report
• Work injuries: Notify employer immediately
• Premises liability: Report to property owner/manager
• Insurance: Notify your insurance (required by policy)

Step 3: Document Everything

• Photos: Accident scene, injuries, property damage, hazards
• Witnesses: Get names, phone numbers, statements
• Police report: Obtain copy
• Medical records: Request copies from all providers
• Receipts: Every expense related to injury
• Journal: Daily pain levels, limitations, impact on life

Step 4: Consult a Personal Injury Attorney

• Free initial consultation (most PI attorneys)
• Contingency fee (typically 33.33% if settled, 40% if goes to trial)
• Attorney pays litigation costs upfront (reimbursed from settlement)
• No fee if no recovery

Step 5: Pre-Suit Demand and Negotiation

1. Attorney sends demand letter to insurance company
2. Insurance investigates claim
3. Back-and-forth negotiation
4. Settlement OR lawsuit filed

Step 6: Lawsuit and Litigation (If No Settlement)

1. File Petition: Lawsuit filed in court
2. Service: Defendant served with lawsuit
3. Answer: Defendant files response
4. Discovery: Exchange of evidence, depositions, interrogatories
5. Mediation: Often required before trial
6. Trial: Jury or judge decides case
7. Verdict & Judgment
8. Appeals (if applicable)

Timeline

• Simple cases (clear liability, insurance): 3-6 months
• Moderate cases: 6-18 months
• Complex or trial cases: 2-4+ years

Special Rules for Medical Malpractice Claims

Texas imposes additional requirements on medical malpractice claims:

Expert Report Requirement

• Must file expert report within 120 days of filing lawsuit
• Report must show defendant breached standard of care and caused injury
• Expert must be qualified in same specialty
• Failure to file can result in dismissal

Damages Caps

• Non-economic damages capped at $250,000 per defendant
• Maximum $500,000 for all physicians/healthcare providers combined
• Additional $250,000 cap per hospital (if hospital liable)
• Economic damages have NO cap

Notice Requirement (for Government Hospitals)

• Must provide notice within 6 months
• Applies to county hospitals, UT medical schools, etc.

Suing Government Entities in Texas

The Texas Tort Claims Act allows limited lawsuits against government entities:

Notice Requirements

• Written notice required within 6 months of injury
• Notice must describe incident, injury, and amount claimed
• Send to city clerk, county judge, or appropriate official

When Government is Liable

• Use or operation of motor vehicle (most common)
• Premise defects (dangerous conditions on government property)
• Use of tangible personal property

Damages Caps

• $100,000 per person
• $300,000 per single occurrence (bodily injury or death)
• $10,000 for property damage

Exceptions (Government NOT Liable)

• Discretionary acts
• Legislative or judicial functions
• Failure to enforce laws
• Many other statutory exceptions

Dealing with Insurance Companies

What NOT to Say or Do

• Don't give recorded statement to other driver's insurance
• Don't admit fault or apologize at scene
• Don't sign blanket medical authorization
• Don't accept initial settlement offer (usually lowball)
• Don't post on social media about accident or activities

What TO Do

• Report to YOUR insurance promptly (required by policy)
• Provide basic facts only (date, time, location)
• Request all communication in writing
• Keep detailed records of all contacts
• Don't settle until treatment complete

Uninsured/Underinsured Motorist Coverage

Texas law requires insurers to OFFER UM/UIM coverage (but you can reject it):

When UM/UIM Applies

• At-fault driver has no insurance
• At-fault driver's insurance insufficient to cover your damages
• Hit-and-run (driver unknown)

Coverage Details

• Pays up to policy limits
• Covers bodily injury (not property damage in UM)
• Your own insurance company pays
• May require arbitration or consent to sue provision

Frequently Asked Questions

Do I need a lawyer for a personal injury claim?

Not required, but highly recommended for anything beyond minor property damage. Insurance companies have teams of lawyers and adjusters. Studies show represented claimants receive significantly higher settlements. Most PI attorneys offer free consultations and work on contingency (no fee unless you win).

How much is my case worth?

Value depends on medical expenses, lost wages, future treatment needs, pain and suffering, and your percentage of fault. Minor injuries: $3,000-$50,000. Moderate injuries: $50,000-$250,000. Severe/permanent injuries: $250,000-millions (subject to caps in some cases). An attorney can provide case-specific evaluation.

What if I was partially at fault?

You can still recover if you're 50% or less at fault. Your damages are reduced by your fault percentage. If you're 51% or more at fault, you receive nothing. This is why documenting the accident and having legal representation is critical.

How long does a personal injury case take in Texas?

Simple cases with clear liability and insurance coverage: 3-9 months. Cases requiring litigation: 1-3 years. Complex cases going to trial: 2-4+ years. Timeline depends on injury severity, liability disputes, insurance cooperation, and court schedules.

Can I sue if the at-fault person has no insurance?

Yes, but collecting is difficult if they lack assets. Check your own UM/UIM coverage first. You can obtain judgment and attempt collection through wage garnishment, bank levies, or property liens. Sometimes there are other liable parties (employer, property owner, vehicle owner if different from driver).