Texas

Find an Attorney in Texas

Texas is the only state where most private employers can opt out of workers’ comp entirely — and a 2003 wave of tort reform reshaped med-mal caps and procedural rules. Whether you’re in Harris County, Travis, Bexar, Dallas, or the Rio Grande Valley, local rules and judicial culture vary widely. We’ll connect you with a Texas-licensed attorney who knows your courthouse.

Practice areas in Texas

Common questions about Texas attorneys

Two years from the date of injury under Texas Civil Practice and Remedies Code § 16.003. That’s shorter than most states. Claims against government entities require a 6-month notice under the Texas Tort Claims Act before you can sue. Medical malpractice has its own 2-year SOL with a 10-year statute of repose under CPRC § 74.251.
Under Texas CPRC § 33.001, you can recover only if you’re 50% or less at fault. At 51% or more, you recover nothing. This is different from California’s pure comparative system, where even a 99%-at-fault plaintiff still recovers 1%. The jury assigns percentages, and your damages are reduced by your share.
Texas is the only state where most private employers can opt out of workers’ comp (Labor Code § 406.002). If your employer is a "non-subscriber," you can sue them directly for negligence in civil court — and the employer loses common-law defenses like contributory negligence. Subscribed employers, by contrast, get tort immunity in exchange for the workers’ comp coverage.
For medical malpractice, yes — HB 4 (2003) capped non-economic damages at $250K against physicians and $250K to $500K against hospitals and other health-care institutions, depending on the number of defendants. Punitive damages are capped at the greater of $200K or twice economic damages plus $750K of non-economic damages (CPRC § 41.008). General personal-injury cases have no statutory cap on compensatory damages.
It depends on the case type. Personal injury, car accident, and most med-mal cases run on contingency — usually 33%–40% of recovery. Family law, criminal defense, and most business disputes are hourly with a retainer. Workers’ comp claims (against subscribed employers) are subject to fee caps approved by the TDIC. Lemon Law and DTPA consumer-protection cases often shift attorney fees to the defendant under statute.

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DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.