Texas Personal Injury Law in Texas: Deadlines, Fault Rules and Insurance

Texas personal injury law covers car crashes, truck accidents, slip and falls, workplace injuries and more. Two key Texas rules shape every case: the two-year filing deadline under Civil Practice §16.003 and the modified comparative fault rule under §33.001 that bars recovery if you are 51% or more at fault. This guide explains those rules, Texas insurance minimums, and practical steps after an injury.

Texas Filing Deadlines

Texas Civil Practice & Remedies Code §16.003 requires most personal injury lawsuits to be filed within two years of the injury. If a governmental entity is involved, Texas Civil Practice §101.101 requires formal notice within six months. Missing these deadlines can result in dismissal.

Fault in Texas: The 51% Bar

Texas uses modified comparative fault. Under §33.001, a jury assigns fault percentages. If you are 51% or more at fault, you recover nothing. If you are 50% or less, your damages are reduced by your percentage. Example: $100,000 damages with 20% fault = $80,000 recovery. Evidence of the other party's negligence is therefore critical.

Insurance Minimums and Beyond

Texas Transportation Code §601.072 requires minimum auto liability of $30,000 per person, $60,000 per accident for bodily injury, and $25,000 for property damage. Many Texas drivers carry only minimums. Commercial vehicles must carry $750,000 or more under FMCSA rules, which is why truck cases often have higher available coverage.

What to Do After Any Texas Injury

1) Get medical care and keep records. 2) Report the incident and get report numbers. 3) Photograph scene, injuries, and any hazards. 4) Keep receipts and lost wage documentation. 5) Do not sign broad releases from an insurer before understanding your injuries. 6) Be aware of the two-year statute - consult a licensed Texas attorney promptly if you have questions.

Frequently Asked Questions

How long do I have to file in Texas?

Two years from injury under §16.003 for most personal injury, but six months notice for claims against Texas governmental entities under §101.101. Property damage also two years.

Does Texas cap personal injury damages?

Texas caps non-economic damages at $250,000 per institution and $500,000 total for medical malpractice under Civil Practice Chapter 74. There is no cap for most other personal injury cases like car, truck, or slip and fall.