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Texas Legal Guide

Personal Injury Law in Texas: What Injured Residents Need to Know

Getting injured in Texas comes with legal rights — but also strict deadlines and state-specific rules that can determine whether your case succeeds. Here's what governs Texas personal injury claims, how much time you have, and what the process actually looks like.

Statute of Limitations: You Have 2 Years to File

Under Texas Civil Practice & Remedies Code § 16.003, most personal injury claims in Texas must be filed within 2 years of the date of injury. This deadline is strict. Once it passes, your right to compensation is generally gone, and courts rarely grant exceptions.

Exceptions that may pause (toll) the clock include: the victim being a minor, the defendant leaving the state, or newly discovered injuries that weren't apparent at the time of the accident. An attorney can determine whether any tolling applies to your situation.

Fault Rules: How Texas Handles Shared Fault

Texas is an at-fault (tort) auto insurance state. When it comes to assigning responsibility, Texas applies modified comparative fault (51% bar) — recovery barred if you are more than 50% at fault.

In practice, that means an insurance company claiming you were partly at fault doesn't automatically kill your claim — you may still recover significant compensation. An attorney can build the evidence needed to keep your assigned fault as low as possible.

What You Can Recover in a Texas Personal Injury Case

A successful Texas claim can recover compensation for:

• Medical expenses — past and future treatment, surgery, rehabilitation, prescriptions
• Lost wages — income lost during recovery, reduced earning capacity if you cannot return to your prior job
• Pain and suffering — physical pain, emotional distress, and reduced quality of life
• Property damage — vehicle repair or replacement and other damaged property
• Punitive damages — available in cases of gross negligence or intentional misconduct (varies by case)

Average car accident settlements in Texas range from $65,000–$100,000, though every case is different. Severe injuries, commercial vehicle accidents, and cases involving wrongful death can result in significantly higher settlements or verdicts.

Common Questions

Frequently Asked Questions: Personal Injury in Texas

• How long do I have to file a personal injury lawsuit in Texas?
  Under Texas Civil Practice & Remedies Code § 16.003, you generally have 2 years from the date of injury. Missing this deadline bars your claim. Some exceptions apply (minor victims, newly discovered injuries, defendant leaving the state), but don't count on them — contact an attorney as soon as possible to protect your rights.
• What if I was partly at fault for my accident in Texas?
  Texas uses modified comparative fault (51% bar) — recovery barred if you are more than 50% at fault. Whether and how much you can recover depends on your percentage of fault. An attorney can gather evidence, work with accident reconstruction experts, and negotiate with insurance adjusters to minimize the fault assigned to you.
• How much is my personal injury case worth in Texas?
  Settlement values depend on injury severity, medical costs, lost wages, insurance policy limits, and the strength of the evidence. Average car accident settlements in Texas range from $65,000–$100,000, but cases involving serious injuries, commercial vehicles, or permanent disability can be significantly higher. A free case evaluation gives you a realistic picture.
• Do I have to go to court for a personal injury claim in Texas?
  Most personal injury cases settle before trial — typically 90–95% of claims. Settlement negotiations with the insurance company resolve many cases without a courtroom appearance. However, having an attorney who is willing and able to take your case to trial gives you significantly more leverage in negotiations.
• How much does a personal injury attorney cost in Texas?
  Personal injury attorneys almost universally work on contingency, including in Texas — meaning you pay nothing upfront and no fee unless you win. Contingency fees typically run around 33% of the settlement (or 40% if the case goes to trial), though the exact percentage can vary by attorney. If there is no recovery, you owe nothing. This makes experienced legal representation accessible regardless of your financial situation.
• What should I do immediately after an accident in Texas?
  1) Seek medical treatment immediately — even if you feel fine, some injuries (concussions, soft tissue damage) appear days later and medical records are critical evidence. 2) Call police and get a report number. 3) Document the scene with photos. 4) Get witness contact information. 5) Do not give a recorded statement to the other party's insurance company. 6) Contact a Texas personal injury attorney before accepting any settlement offer.