A serious injury can turn life upside down in a matter of seconds. One moment you are driving to work, walking through a store, or finishing a shift on a job site. The next, you are dealing with hospital bills, missed paychecks, and an insurance company that seems more interested in closing your file than helping you recover.
Texas personal injury law gives injured people the right to seek compensation when someone else’s carelessness causes harm. But the rules are specific, the deadlines are strict, and insurance companies know those rules far better than most of the people filing claims. This guide explains how personal injury claims work in Texas, from the legal basics to the steps involved in reaching a settlement or verdict.
What is a personal injury claim in Texas?
A personal injury claim is a legal request for compensation from a person or company whose wrongful conduct caused you physical, emotional, or financial harm. Most Texas personal injury cases are based on negligence, which means someone failed to use the level of care a reasonable person would have used in the same situation.
To succeed on a negligence claim, an injured person generally must show four things:
- Duty. The other party owed you a legal duty of care, such as a driver’s duty to follow traffic laws.
- Breach. The other party failed to meet that duty, for example by texting while driving.
- Causation. That failure caused your injuries.
- Damages. You suffered real losses, such as medical expenses, lost income, or pain.
Common types of personal injury cases in Texas include car and truck accidents, motorcycle crashes, pedestrian accidents, slip and fall injuries on unsafe property, dog bites, defective products, and wrongful death. Along the Gulf Coast, offshore and maritime injuries are also common, and those claims may fall under federal laws such as the Jones Act rather than ordinary Texas negligence law.
How long do you have to file a personal injury lawsuit in Texas?
For most personal injury claims, Texas gives you two years from the date of the injury to file a lawsuit. This deadline, called the statute of limitations, comes from Section 16.003 of the Texas Civil Practice and Remedies Code. Wrongful death claims generally must be filed within two years of the date of death.
There are important exceptions:
- Injured children. For a person injured as a minor, the deadline usually does not begin to run until the person turns 18.
- Claims against the government. The Texas Tort Claims Act requires written notice to a governmental unit within six months of the incident, and some cities require notice even sooner.
- Maritime injuries. Claims under the Jones Act and general maritime law typically have a three-year deadline.
- Hidden injuries. In limited situations, the discovery rule can delay the start of the deadline until the injury was or should have been discovered.
If you miss the applicable deadline, the court will almost certainly dismiss your case, regardless of how strong it is. That is why it is wise to get legal advice early, even if you are still receiving medical treatment.
What happens if you were partly at fault for your injury?
Texas follows a modified comparative fault system, which state law calls proportionate responsibility. Under Chapter 33 of the Civil Practice and Remedies Code, a judge or jury assigns a percentage of responsibility to everyone involved, including the injured person.
You can recover damages only if your percentage of fault is 50 percent or less. If it is 51 percent or more, you recover nothing. When you are partly at fault but under that threshold, your damages are reduced by your share. For instance, a person with $200,000 in damages who is found 20 percent responsible would recover $160,000.
Insurance adjusters use this rule constantly. Suggesting that you were not paying attention, were driving too fast, or ignored a warning sign is one of the most common ways to reduce what they pay.
What types of compensation can you recover?
Texas law divides personal injury damages into three main categories.
Economic damages reimburse measurable financial losses, such as:
- Past and future medical expenses.
- Lost wages and loss of earning capacity.
- Property damage.
- Costs of in-home care, therapy, or medical equipment.
Under Section 41.0105 of the Civil Practice and Remedies Code, medical expense recovery is limited to amounts actually paid or incurred, which can differ from the full amount listed on a hospital bill.
Non-economic damages compensate for losses that are real but harder to measure, including physical pain, mental anguish, physical impairment, disfigurement, and loss of companionship. These damages can be especially significant in cases involving a traumatic brain injury, spinal cord damage, or other life-altering harm.
Exemplary damages are intended to punish especially harmful conduct, not to compensate the victim. They require proof of fraud, malice, or gross negligence by clear and convincing evidence. Texas generally caps exemplary damages at the greater of $200,000 or two times economic damages plus non-economic damages up to $750,000.
What are the steps in a Texas personal injury case?
Every case is different, but most follow a similar path.
- Medical treatment. Getting care right away protects your health and documents your injuries.
- Investigation. Your attorney gathers police reports, photos, witness statements, medical records, and other evidence.
- Demand and negotiation. Once your condition stabilizes, your attorney sends a demand package to the insurance company and negotiates.
- Filing a lawsuit. If negotiations stall, a lawsuit is filed before the statute of limitations expires.
- Discovery. Both sides exchange information, take depositions, and consult experts.
- Mediation. Many Texas courts require mediation, where a neutral mediator helps the parties try to reach a settlement.
- Trial. If the case does not settle, a judge or jury decides fault and damages.
Most personal injury cases settle before trial, but cases that are prepared as if they will go to trial tend to produce stronger settlement offers.
How do personal injury lawyers get paid in Texas?
Most Texas personal injury attorneys work on a contingency fee basis. Instead of charging hourly rates, the lawyer receives a percentage of the money recovered. If there is no recovery, the client owes no attorney fee. This arrangement allows injured people to hire experienced counsel without paying anything up front, and it gives the attorney a strong incentive to maximize the result.
Before signing, ask how the percentage is calculated, whether it changes if the case goes to trial, and how case expenses are handled.
Finding the right personal injury attorney on the Gulf Coast
The right lawyer for your case should have experience with your type of injury, a record of results, and a willingness to explain each step in plain language. Local knowledge matters too, since lawyers who regularly practice in a community understand its courts, judges, and juries.
For people in the Coastal Bend, The Burkett Law Firm has represented injured Texans since 1960. Working with a personal injury lawyer in Corpus Christi from the firm gives clients access to attorneys David Burkett and Nathan Burkett, who handle car and truck accidents, maritime injuries, oilfield accidents, and wrongful death claims on a contingency fee basis.
Frequently Asked Questions
How much is my personal injury case worth in Texas?
There is no set formula. Case value depends on the severity of your injuries, your medical costs, lost income, the strength of the evidence on fault, and the available insurance coverage. An attorney can estimate a range after reviewing your records.
Do I need a lawyer for a minor injury claim?
Not always. Minor claims with clear fault and quick recovery can sometimes be handled directly with an insurer. A free consultation can help you decide, especially if your injuries require ongoing treatment or the insurer disputes fault.
Will my personal injury case go to trial?
Most Texas personal injury cases settle without a trial. However, some cases go to trial when the insurer refuses to offer a fair amount or disputes liability.
Can I file a personal injury claim for a family member who died?
Yes. Texas allows a deceased person’s spouse, children, and parents to bring a wrongful death claim. The estate may also pursue a separate survival claim for the losses the person suffered before death.
What should I avoid saying to an insurance adjuster?
Avoid guessing about what caused the accident, downplaying your injuries, or agreeing to a recorded statement before you understand your rights. Stick to basic facts and refer detailed questions to your attorney.
