Overview of Texas Personal Injury Statutes
We guide individuals through Texas personal injury laws, helping them understand their rights and pursue compensation after accidents caused by negligence. Our firm provides knowledgeable representation and steady support while navigating deadlines, liability rules, and damage claims under Texas statutes.
Overview of Texas Personal Injury Statutes
Texas personal injury law, primarily governed by the Texas Civil Practice and Remedies Code, allows individuals who have been harmed due to another party’s negligence, recklessness, or intentional actions to seek compensation for their losses. These statutes outline key aspects such as time limits for filing claims, rules for determining fault, elements required to prove a case, and limits on recoverable damages. Personal injury claims in Texas typically arise from incidents like car accidents, slip-and-falls, medical malpractice, workplace injuries, and wrongful death. If you are the victim, you may be entitled to compensation.
Key Elements of a Personal Injury Claim
To establish a valid personal injury case under Texas law, plaintiffs must prove four core elements of negligence:
- 1.Duty of Care: The defendant owed a legal obligation to act reasonably to avoid harming others (e.g., drivers must follow traffic laws).
- 2.Breach of Duty: The defendant failed to meet that standard (e.g., running a red light).
- 3.Causation: The breach directly caused the plaintiff’s injury.
- 4.Damages: The plaintiff suffered actual harm, such as medical bills, lost wages, or pain and suffering.
These elements stem from common law principles codified in the Texas Civil Practice and Remedies Code. Stricter duties may apply in professional contexts, like medical care, where providers are held to the standard of a reasonable professional in their field.
Statute of Limitations
The statute of limitations sets strict deadlines for filing a lawsuit, after which claims are typically barred. For most personal injury cases in Texas:
- The limit is two years from the date of the injury or when the cause of action accrues (Tex. Civ. Prac. & Rem. Code § 16.003).
- This applies to claims involving assault, battery, false imprisonment, and general negligence-based injuries like car accidents or premises liability.
Exceptions and variations include:
- Discovery Rule: If the injury wasn’t immediately discoverable (e.g., latent medical issues), the clock may start when the injury is reasonably discovered.
- Minors: For those under 18, the two-year period begins on their 18th birthday.
- Medical Malpractice: Generally two years, but a statute of repose caps it at 10 years from the treatment date, regardless of discovery (Tex. Civ. Prac. & Rem. Code § 74.251).
- Wrongful Death: Two years from the date of death.
- Claims Against Government Entities: Notice must be given within six months under the Texas Tort Claims Act, with a two-year filing limit.
Missing these deadlines usually forfeits your right to sue, even with strong evidence, to ensure timely preservation of evidence and witness testimony.
Comparative Negligence (Shared Fault Rule)
Texas follows a modified comparative negligence system (Tex. Civ. Prac. & Rem. Code § 33.001), also known as proportionate responsibility:
- If the plaintiff is partially at fault, their compensation is reduced by their percentage of responsibility.
- However, if the plaintiff is 51% or more at fault, they recover nothing (the “51% bar rule”).
- For example, if you’re 30% at fault in a $100,000 case, you could recover $70,000.
This rule applies to most negligence-based claims and encourages fair allocation of blame among parties.
Statute of Repose
This acts as an absolute cutoff, overriding the statute of limitations in certain cases:
- Product Liability: Claims must be filed within 15 years of the product’s sale (Tex. Civ. Prac. & Rem. Code § 16.012).
- Medical Malpractice: 10 years from the date of treatment or product use.
- It’s designed to protect defendants from indefinite liability for old incidents.
Damages and Caps
Texas law allows recovery for economic damages (e.g., medical costs, lost income) and non-economic damages (e.g., pain and suffering). Punitive damages are available for gross negligence or malice but are capped.
- No General Caps: Most personal injury cases have no limits on economic or non-economic damages.
- Medical Malpractice Caps: Non-economic damages are limited to $250,000 per claimant against physicians and $500,000 total per claim (Tex. Civ. Prac. & Rem. Code § 74.301).
- Punitive Damages: Capped at the greater of $200,000 or twice economic damages plus non-economic damages up to $750,000 (Tex. Civ. Prac. & Rem. Code § 41.008).
Other Relevant Statutes
- Texas Tort Claims Act: Limits government liability and requires quick notice for claims against public entities.
- Wrongful Death and Survival Actions: Allow families to sue for losses from a loved one’s death (Tex. Civ. Prac. & Rem. Code Chapter 71).
- Premises Liability: Property owners must maintain safe conditions, with duties varying by visitor status (invitee, licensee, trespasser).
These statutes evolve through legislation and court interpretations, so staying updated is crucial. For instance, as of 2026, no major changes have altered the core two-year limit or 51% rule. If you’re dealing with a specific injury in Texas, factors like location (e.g., Lubbock courts) can influence how these laws are applied in practice.