Texas Personal Injury Attorneys

At DearLegal, we connect you with experienced Texas personal injury attorneys who understand the state’s 51% comparative fault bar, the Texas Tort Claims Act caps, the medical liability framework under Chapter 74, and the unique procedural realities of Texas state and federal court. Whether your injury happened in Houston, Dallas, San Antonio, Austin, on I-10, I-35, or I-45, we’ll match you with the right attorney — at no cost to get started.

Two years from the date of injury under Tex. Civ. Prac. & Rem. Code § 16.003. Wrongful death is two years from the date of death under § 16.003(b). Texas Tort Claims Act notice must generally be given within 6 months under § 101.101, but many city charters impose shorter periods.

Under Tex. Civ. Prac. & Rem. Code § 33.001, your recovery is reduced by your percentage of fault, but if your fault is greater than 50% you recover nothing. Combined with modified joint-and-several at the 50% threshold under § 33.013.

Auto, truck, and motorcycle crashes (huge volume on I-10/I-35/I-45); slip-and-falls; oilfield and industrial injuries; dog bites; defective products; medical malpractice (under Chapter 74); nursing home neglect; premises liability; negligent security; workplace third-party claims (Texas is largely a non-subscriber state); rideshare crashes; and wrongful death.

You look at your own uninsured/underinsured motorist coverage, homeowner’s or commercial policies, and any vicarious-liability defendants. Texas requires UM/UIM offerings with written rejection rules under Tex. Ins. Code § 1952.101.

Most settle, but Harris, Dallas, Bexar, and Travis county juries return real verdicts when liability is clear. Texas has a sophisticated PI defense bar — and trial readiness drives every settlement offer.

The Texas Tort Claims Act applies. Notice must be given within 6 months under § 101.101 (or shorter under city charters), and damages are capped at $250K/$500K against the State and units of government (with higher caps for municipalities). Sovereign immunity is waived only in narrow categories (motor vehicles, real-property defects, certain governmental-function negligence).

Texas personal injury attorneys typically take cases on a contingency basis — no upfront cost, and they’re paid a percentage of the recovery only if they win. Typical fees range from 33% to 40% depending on whether the case settles or goes to trial. Case expenses are normally advanced by the firm.

Why Do You Need a Personal Injury Attorney in Texas?

Texas applies modified comparative fault with a 51% bar under Tex. Civ. Prac. & Rem. Code § 33.001 — recovery is barred if your fault is greater than 50%. The standard PI SOL is two years under Tex. Civ. Prac. & Rem. Code § 16.003. The Texas Tort Claims Act (Tex. Civ. Prac. & Rem. Code § 101.001 et seq.) waives sovereign immunity in limited circumstances with $250,000/$500,000 caps (higher for municipalities) and requires written notice (6 months default, but many cities require shorter periods under their charters). Medical liability claims fall under Chapter 74 — requiring expert reports within 120 days and capping non-economic damages at $250,000 per defendant ($750,000 total for hospitals). Punitive damages are capped under § 41.008 at the greater of 2x economic + non-economic (capped at $750,000) or $200,000.

When Do You Need a Personal Injury Attorney in Texas?

Our network includes Texas personal injury attorneys who handle every kind of case, including:

Types of Personal Injury Cases in Texas

From the moment you connect with a Texas personal injury attorney, they go to work protecting your claim. The most common case types we handle:

Missing TTCA notice — sometimes as short as 30 days under city charters

Missing the Chapter 74 expert report deadline (120 days)

Treating the 51% bar as if responsible-third-party designations don’t matter

Underestimating Texas’s sophisticated defense bar

Giving a recorded statement to the defendant’s insurer without counsel

Settling before reaching maximum medical improvement and pricing future care

Missing TTCA notice — sometimes as short as 30 days under city charters

Missing the Chapter 74 expert report deadline (120 days)

Treating the 51% bar as if responsible-third-party designations don’t matter

Underestimating Texas’s sophisticated defense bar

Giving a recorded statement to the defendant’s insurer without counsel

Settling before reaching maximum medical improvement and pricing future care

Common Texas Personal Injury Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do Texas Personal Injury Attorneys Cost?

33%

Typical starting contingency fee — you pay nothing unless your attorney recovers compensation for you.

Personal injury attorneys in Texas work on a contingency fee basis — typically 33% to 40% of the total recovery. Texas’s tort reform statutes, TTCA, and Chapter 74 framework make experienced local counsel especially valuable. Case expenses are typically advanced by the firm and deducted from the final recovery.

What Can Your Texas Personal Injury Compensation Include?

Economic Damages (No Cap in standard PI)

Past and future medical bills, lost wages, lost earning capacity, and out-of-pocket costs — uncapped in standard PI cases. TTCA and Chapter 74 caps apply in those contexts.

Non-Economic Damages (No Cap in standard PI)

Pain and suffering, mental anguish, loss of enjoyment, disfigurement — no statutory cap in standard PI cases. Medical liability non-economic capped at $250K/defendant under Ch. 74.

Exemplary (Punitive) Damages (Capped)

Available under Tex. Civ. Prac. & Rem. Code § 41.003 for fraud, malice, or gross negligence on a clear-and-convincing showing. Capped under § 41.008 at the greater of 2x economic damages + non-economic (capped at $750,000) or $200,000.

Loss of Consortium

Recoverable by the uninjured spouse for loss of companionship, services, and society. Texas also recognizes parental consortium for parents whose child suffers serious injury (Reagan v. Vaughn).

Wrongful Death

Recoverable under Tex. Civ. Prac. & Rem. Code Ch. 71. Damages include pecuniary loss, loss of companionship and society, mental anguish, and loss of inheritance. No general cap in standard cases.

Non-Subscriber Damages

Texas-specific: when an employer opts out of workers’ comp (non-subscriber), the employee can sue directly for negligence with full damages including pain and suffering — a powerful Texas-only claim category.

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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.

Texas Personal Injury Attorneys

Why Do You Need a Personal Injury Attorney in Texas?

When Do You Need a Personal Injury Attorney in Texas?

Types of Personal Injury Cases in Texas

Common Texas Personal Injury Mistakes

How Much Do Texas Personal Injury Attorneys Cost?

What Can Your Texas Personal Injury Compensation Include?

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