You got hurt. Now you’re googling “Do I even have a case?”
Slip in a grocery store? Rear-ended on I-35? Bit by a neighbor’s dog?
Welcome to the first 48 hours of post-injury confusion. You’re sore, stressed, and suddenly a crash course in legal terminology is getting added to your to-do list.
Here’s the thing: every state plays by different rules when it comes to personal injury claims. And Texas? It has some laws that could make—or break—your case.
That’s why it’s crucial to talk to experienced Texas personal injury lawyers who can walk you through what the law actually says, not what your friend’s cousin read on Reddit.
Let’s break down the key legal quirks that can impact your claim in the Lone Star State.
1. Texas Is a Modified Comparative Fault State (That “51% Rule” Everyone Talks About)
In plain English? If you’re found 51% or more at fault, you get nothing. Zero. Zip.
This is what lawyers call a “modified comparative negligence” rule. So, if you’re 20% responsible for the accident, you can still recover 80% of your total damages. But if the scales tip past 50%—even by a hair—you’re out of luck.
That makes it extremely important to have an attorney who knows how to present your case clearly and push back against exaggerated blame tactics from the other side.
2. The Statute of Limitations Is Shorter Than You Think
You generally have two years from the date of the injury to file a personal injury lawsuit in Texas.
Sounds like plenty of time, right? Until you spend six months in recovery. Or waiting on insurance. Or thinking your back pain will just go away on its own.
By the time you realize you need legal help, that window may be closing fast. Once it’s shut? Even the best lawyer can’t get your claim through the door.
3. There’s No Cap on Economic Damages (But Some Limits on the Rest)
Texas doesn’t limit how much you can recover for economic damages like medical bills, lost wages, or rehab expenses. If you can prove it, you can claim it.
But for non-economic damages (pain, suffering, emotional distress), there are caps in specific cases—especially medical malpractice. So your emotional trauma might feel like a million bucks… but legally? It might not be worth that much.
An experienced attorney will help you calculate a realistic and legally sound value for both.
4. Texas Personal Injury Claims Are Often a Battle With Insurance—Not People
Let’s get real: you’re probably not suing your neighbor, your grandma, or even that distracted teenager who caused the accident.
You’re suing their insurance company. And those companies? They don’t play fair unless they’re forced to.
Texas insurers are notorious for quick, lowball settlement offers that don’t come close to covering long-term recovery costs. A good legal team knows how to negotiate, escalate, and litigate when necessary.
Don’t go it alone. It’s not a fair fight.
5. Evidence Matters. Early.
Texas law doesn’t give you much wiggle room when it comes to proving liability. Accident reports, medical records, photos, video footage, and witness statements all become critical.
And no, a blurry screenshot of your bruised arm taken two weeks later isn’t going to cut it in court.
The earlier you involve a lawyer, the better chance they have to preserve solid evidence before it disappears, gets overwritten, or mysteriously goes “missing.”
Bottom Line: Texas Law Isn’t Kind to the Unprepared
From harsh fault rules to aggressive insurers, personal injury law in Texas isn’t designed to make your life easier. But knowing what you’re up against? That’s power.
That’s why it’s smart to speak with trusted Texas personal injury lawyers before making any decisions—signing a release, accepting a check, or assuming your case is “too small to matter.”
Because once the legal clock starts ticking, the best move you can make is the right one—early.