Home › Personal Injury Laws by State › Texas Personal Injury Laws

Texas generally requires most personal injury lawsuits based on negligence to be filed within two years after the claim accrues. Different rules, exceptions, tolling provisions, and notice requirements for claims against governmental entities may apply depending on the claim and the parties involved. This page cannot determine which deadline applies to any particular situation; only a licensed Texas attorney reviewing the facts can do that.

Texas generally follows an at-fault system for motor-vehicle injury claims. Liability ordinarily depends on who caused the collision. The compensation available in any particular matter generally depends on the injuries or losses involved and the insurance coverage that applies. How these rules apply in any individual situation depends on its facts, and if the parties involved cannot agree on liability, the court process may be necessary to resolve it.

Texas follows a modified comparative-fault rule, referred to in Texas law as proportionate responsibility. In general terms, compensation may be reduced according to an injured person's share of responsibility, and recovery is generally barred when that person's share of the responsibility is greater than half of the total. Whether and how responsibility is attributed in any particular matter depends on its facts and may have to be determined by a court of law.

Texas generally requires vehicle owners to maintain liability insurance that meets minimum requirements established by state law. Insurers are also generally required to offer uninsured/underinsured motorist coverage, which a policyholder may reject in writing. The coverage available in any particular situation depends on the policies involved and current law.

Texas does not impose a general cap on compensatory damages in most personal injury cases, but state law does limit certain categories of damages in specific kinds of claims, including limits on non-economic damages in medical malpractice claims, and limits on punitive damages in many cases. Limits also apply to claims against governmental entities. Because these provisions and amounts may change, this page does not state a dollar figure or determine whether any limit applies to a particular matter.

Texas personal injury lawsuits may be filed in the state's district courts or county courts, which handle civil matters depending on the amount and nature of the claim, with justice courts available for some more limited matters. Many injury claims are resolved through insurance processes or negotiation without a lawsuit being filed. Which court, if any, would be appropriate depends on the nature of the claim, the relief involved, and other facts that a licensed Texas attorney can evaluate.

A licensed Texas attorney can explain how rules involving deadlines, fault, insurance, damages, and procedure may apply to a specific situation—something a general reference page cannot do. This platform helps injured people seek connections with participating local personal injury attorney offices in the Texas communities listed below, based on availability. Requesting a connection is free and carries no obligation to hire an attorney.