Texas Personal Injury Attorneys

Texas has a strict two-year statute of limitations for most personal injury claims under Civil Practice and Remedies Code Section 16.003. This applies to car accidents, slip and falls, dog bites, and most other negligence claims. Medical malpractice claims also carry a two-year deadline with a ten-year statute of repose. Wrongful death claims must be filed within two years of the date of death. If the injured person is a minor, the clock doesn't start until they turn 18. Unlike some states, Texas does not have an extended notice period for government claims — but the Texas Tort Claims Act has specific procedural requirements.

Yes, but only if your share of fault is 50% or less. Texas follows a modified comparative negligence system with a 51% bar under Chapter 33 of the Civil Practice and Remedies Code. If you are found 50% or less at fault, your damages are reduced by your percentage of responsibility. If you are found 51% or more at fault, you are completely barred from any recovery. Insurance companies in Texas aggressively argue fault percentages — especially in intersection collisions, lane-change accidents on major highways, and multi-vehicle pileups — knowing that pushing your fault above 51% eliminates your entire claim.

For most personal injury cases, Texas does not impose caps on compensatory damages — including economic damages (medical bills, lost wages) and non-economic damages (pain and suffering). However, Texas does cap damages in specific categories. Medical malpractice: non-economic damages are capped at $250,000 per physician and $500,000 per healthcare institution (recently adjusted to $350,000 per claimant in 2025). Government claims under the Texas Tort Claims Act: capped at $250,000 per person and $500,000 per incident. Punitive damages are capped at the greater of $750,000 or two times economic damages plus non-economic damages up to $750,000.

Texas is a traditional at-fault (tort) insurance state — there is no PIP requirement or no-fault system. The driver who caused the accident is responsible for paying damages through their liability insurance. Texas requires minimum liability coverage of $30,000 per person / $60,000 per accident for bodily injury and $25,000 for property damage (30/60/25). Uninsured motorist coverage must be offered but can be rejected in writing. Texas has one of the highest uninsured driver rates in the nation — roughly 14% of drivers carry no insurance.

Texas stands out in several ways. It leads the nation in traffic fatalities (4,150 in 2024). It has no general damage caps on most personal injury claims — but strict caps on medical malpractice and government claims. Workers' compensation is optional for employers — Texas is the only major state where employers can opt out entirely, creating a complex landscape for workplace injuries. The state's massive geography means cases span rural highways, urban freeways, oilfields, construction sites, and commercial properties across 254 counties. Texas also has Lillian's Law for criminal dog bite charges and a robust energy sector creating unique industrial injury claims.

With the nation's highest traffic fatality count, an aggressive insurance environment, and a two-year statute of limitations, Texas personal injury claims require swift action and experienced representation. Insurers routinely use the 51% comparative fault bar to shift blame onto injured parties. Texas personal injury attorneys work on a contingency fee basis — you pay nothing unless they recover compensation — and can navigate the state's at-fault system, identify all liable parties, and maximize your recovery.