Texas Personal
Injury Laws
Explained

📅 Updated March 24, 2026
⏱ 9 min read
📍 Texas

Understanding Texas personal injury laws is critical to protecting your rights and maximizing your compensation. This guide covers everything you need to know — from the statute of limitations to how fault is determined and what damages you can recover.

Key Texas Injury Deadlines

Missing these deadlines can permanently end your right to compensation — no exceptions.

2 YRS
Standard personal injury statute of limitations
2 YRS
Wrongful death claims
6 MO
Notice required for government claims
180 DA
Notice for some government entities

⚠️ Don't Wait

The 2-year deadline sounds like a long time but cases take time to build. Evidence disappears, witnesses forget, and medical documentation needs to be gathered. Most attorneys recommend contacting a lawyer within weeks of your injury — not years.

The Core Texas Injury Laws

Proportionate Responsibility Texas Civil Practice & Remedies Code §33

Texas follows modified comparative fault. You can recover compensation as long as you are less than 51% at fault. Your award is reduced by your percentage of fault. If a jury finds you 30% at fault on a $100,000 case, you recover $70,000. If you are 51% or more at fault — you recover nothing.

Negligence Standard Core Requirement

To win a personal injury case in Texas you must prove four elements: 1) The defendant owed you a duty of care, 2) They breached that duty, 3) The breach caused your injury, and 4) You suffered actual damages. All four elements must be proven by a preponderance of the evidence — meaning more likely than not.

Gross Negligence & Punitive Damages Texas Civil Practice & Remedies Code §41

When a defendant's conduct involves an extreme degree of risk and conscious indifference to others' rights and safety, a court may award punitive damages on top of compensatory damages. Punitive damages in Texas are capped at the greater of $200,000 or two times economic damages plus non-economic damages up to $750,000.

Texas Dram Shop Act Alcohol Liability

If you were injured by a drunk driver, you may be able to hold the bar or restaurant that served them liable under the Texas Dram Shop Act — if the establishment served alcohol to an obviously intoxicated person who then caused your injury.

Texas Tort Claims Act Government Liability

You can sue Texas government entities for certain negligent acts including motor vehicle accidents and dangerous property conditions. Claims against government entities have shorter notice deadlines — often just 6 months — and different damage caps. Missing the government notice deadline is fatal to your claim.

Premises Liability Property Owners

Texas property owners owe different duties of care depending on your status as a visitor. Invitees — customers, guests — are owed the highest duty. Licensees — social guests — are owed a moderate duty. Trespassers are generally owed only a duty not to willfully injure them.

What Damages Can You Recover?

Texas personal injury law allows recovery of two main types of damages:

Economic Damages

These are your actual financial losses with a specific dollar amount — medical bills, lost wages, future medical expenses, future lost earning capacity, property damage, and out-of-pocket expenses. There is no cap on economic damages in most Texas personal injury cases.

Non-Economic Damages

These compensate for losses that don't have a set dollar amount — pain and suffering, mental anguish, disfigurement, physical impairment, and loss of consortium. There is no cap on non-economic damages in most Texas personal injury cases except medical malpractice.

💡 Key Insight

Texas is one of the most plaintiff-friendly states in the country for personal injury cases — particularly in Houston's Harris County which is known for substantial jury verdicts. Having the right attorney who knows local courts and judges can significantly impact your outcome.

Know Your Rights — Get A Free Case Review

Takes 60 seconds — completely confidential — no obligation

Frequently Asked Questions

What is the statute of limitations for personal injury in Texas?
+
In Texas you generally have 2 years from the date of injury to file a personal injury lawsuit. Missing this deadline means losing your right to compensation permanently. Some exceptions exist for minors, government claims, and latent injury discovery.
What is comparative fault in Texas?
+
Texas follows modified comparative fault. You can recover as long as you are less than 51% at fault. Your compensation is reduced by your fault percentage. At 51% or more fault you recover nothing.
Are there caps on personal injury damages in Texas?
+
Texas does not cap economic or non-economic damages in most personal injury cases. Medical malpractice caps non-economic damages at $250,000 per defendant. Punitive damages are capped at the greater of $200,000 or two times economic plus non-economic damages up to $750,000.
Can I sue the government for a personal injury in Texas?
+
Yes with restrictions under the Texas Tort Claims Act. You can sue government entities for certain negligent acts including motor vehicle accidents. Claims against the government have shorter notice requirements — often 6 months — and different damage caps.
Questions about Texas injury law?Free case review — no obligation
GET HELP →