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Most people never expect they’ll need to understand Texas personal injury laws—until an accident happens, and suddenly, knowing your rights becomes crucial. Unfortunately, by then, it’s often overwhelming to make sense of complex statutes and regulations on your own.

That’s why Houston personal injury attorney Charles J. Argento is here: to translate these critical legal principles into a clear, understandable language for you. We believe every client deserves clarity about their case and the confidence from knowing exactly how we’re fighting for their rights.

Here’s what you need to know about Texas personal injury laws to help you navigate your situation.

1. Statute of Limitations (Tex. Civ. Prac. & Rem. Code §16.003)

Personal injury claims must be filed within two years from the date of injury. Failure to file within this period generally bars the claim.

2. Modified Comparative Fault (Tex. Civ. Prac. & Rem. Code §33.001)

• Texas follows a modified comparative fault rule known as the 51% Bar Rule.
• An injured party cannot recover damages if they’re found to be more than 50% responsible for the accident.
• If a plaintiff is partially responsible (50% or less), their compensation is reduced proportionally by their percentage of fault.

3. Damage Caps

• Medical Malpractice ( Civ. Prac. & Rem. Code §74.301): Non-economic damages are capped at $250,000 per defendant, up to $750,000 if multiple providers are involved.
• Punitive Damages ( Civ. Prac. & Rem. Code §41.008): Punitive damages are capped at twice the economic damages, plus the amount equal to non-economic damages (up to $750,000), or $200,000, whichever is greater.

4. Texas Auto Insurance Laws

• Texas operates on a fault-based auto insurance system, meaning the at-fault driver’s insurance pays for injuries and damages.
• Minimum liability coverage required by law (30/60/25 rule):

• $30,000 per person for bodily injury.
• $60,000 per accident for bodily injury.
• $25,000 per accident for property damage.

5. Texas Premises Liability Law

• Property owners owe varying degrees of care depending on the visitor’s status:

• Invitees:Highest duty of care; owners must regularly inspect and fix hazards.
• Licensees:Must be warned of known dangers.
• Trespassers:Limited duty, but still cannot intentionally cause harm.
  • Exceptions exist under the Attractive Nuisance Doctrine for child trespassers.

6. Texas Workers’ Compensation Laws

• Texas is unique as it does not require all employers to carry workers’ compensation coverage (called a non-subscriber state).
• Employers who do not subscribe lose many legal defenses in injury lawsuits filed by injured employees.

7. Governmental Immunity and the Texas Tort Claims Act (Tex. Civ. Prac. & Rem. Code §101.001 et seq.)

• Limits liability of government entities (cities, counties, state agencies) to specific situations, including vehicle accidents involving government employees, premises defects on public property.
• Caps recovery from government entities:

• $250,000 per person, $500,000 per incident for bodily injury/death.
• $100,000 for property damage claims.

8. Texas Dog Bite Liability (“One Bite Rule”)

Texas follows a “one-bite” rule, meaning owners are typically liable if the dog has previously bitten or demonstrated aggression. Once this is established, the owner may be held strictly liable.

9. Local Regulations in Texas Cities

The City of Houston—including its Midtown, Mid West, Greater Uptown, and Greater Third Ward neighborhoods—and surrounding areas like Cypress, Montrose, River Oaks,  Montrose, River Oaks, and other larger cities like Austin, Dallas, and San Antonio have local ordinances related to property maintenance, sidewalk repairs, building safety codes, and construction safety that can be highly relevant to personal injury claims involving premises liability, construction accidents, and municipal liability.

10. Dram Shop Law (Tex. Alcoholic Beverage Code Ann. §2.02)

Bars, restaurants, and liquor establishments can be held responsible if they sell or serve alcohol to an intoxicated person who subsequently injures someone else.