Texas Personal Injury Law Guide

Overview of Texas Personal Injury Law

Texas applies modified comparative fault with a 51% bar. The 2-year statute of limitations is strictly enforced. Texas does not require no-fault PIP insurance, though it must be offered. Texas courts — particularly in Houston, Dallas, and the plaintiff-friendly Hidalgo County — handle enormous personal injury caseloads. Texas is one of the most litigated states for trucking accident cases given its vast highway network and role as a major freight corridor. Texas caps noneconomic damages in medical malpractice cases at $250,000 per defendant (capped at $500,000 total for hospitals) under Tex. Civ. Prac. & Rem. Code § 74.301. General personal injury cases have no noneconomic damage cap. Texas caps punitive damages at the greater of $200,000 or 2 times economic damages plus $750,000 of noneconomic damages under § 41.008. Texas courts follow Daubert standards. The Texas Workers' Compensation Act allows some employers to opt out of the system, creating unique litigation rights against non-subscriber employers.

Statute of Limitations in Texas

In Texas, you generally have 2 years from the date of your injury to file a personal injury lawsuit. Missing this deadline almost always results in your case being permanently dismissed, regardless of how strong your claim is.

Learn more: What is a Statute of Limitations?

Texas Auto Insurance & Fault System

Texas operates under a fault-based system. Injured drivers sue the at-fault party directly. Your ability to recover depends on the comparative or contributory negligence rules that apply in this state.

Key Facts — Texas Injury Law

• 1

  Texas uses modified comparative fault under Tex. Civ. Prac. & Rem. Code § 33.001 with a 51% bar — if a plaintiff is found 51% or more at fault, all recovery is barred; below that threshold, the award is reduced proportionally by the plaintiff's assigned fault percentage.

• 2

  Personal injury claims must be filed within 2 years from the date of injury under Tex. Civ. Prac. & Rem. Code § 16.003; Texas strictly enforces this deadline, and failure to file in time permanently extinguishes the right to sue for personal injuries.

• 3

  Texas does not require no-fault PIP insurance and operates as a traditional at-fault tort state; however, personal injury protection (PIP) coverage must be offered by all auto insurers and is available for purchase, though drivers may reject it in writing.

Average Personal Injury Settlements in Texas

Typical personal injury settlements in Texas range from $18,000 – $90,000. The final amount depends heavily on injury severity, total medical costs, lost wages, and the clarity of liability. Cases that proceed to trial often yield higher verdicts but take significantly longer to resolve.