Texas Personal Injury Law Resources

Texas is an at-fault state with a two-year statute of limitations, modified comparative fault with a 51% bar (called "proportionate responsibility"), and no general caps on compensatory damages in most personal injury cases. However, medical malpractice non-economic damages are capped at $250,000 per defendant (up to $500,000 aggregate for multiple institutional defendants), and government liability is capped. Punitive damages (called "exemplary damages") are also capped. Auto insurance minimums are 30/60/25, higher than many states.

Statute of Limitations

General Personal Injury TWO Years

Texas provides a two-year statute of limitations for most personal injury claims under Tex. Civ. Pract. & Rem. Code § 16.003. This applies to motor vehicle accidents, premises liability, product liability, and general negligence.

Specific Deadlines

Wrongful death: Two years from the date of death.

Medical malpractice: Two years from the date of the act or breach, or from the last date of treatment in a continuing course. The discovery rule applies in limited circumstances. A ten-year statute of repose applies (two years for minors under age 12 who have until their 14th birthday). A 60-day pre-suit notice to the health care provider is required.

Defamation: One year.

Property damage: Two years.

Government Claims Notice Required

Claims against the State of Texas or local governments are governed by the Texas Tort Claims Act (Tex. Civ. Pract. & Rem. Code Chapter 101). Claims against the state require formal notice. Claims against local governments may require notice within six months of the incident. Government entities have broad immunity with limited waivers for motor vehicle operation, premises defects, and use of tangible personal property.

Tolling

The statute is tolled for minors (until age 18) and for mental incapacity. The discovery rule applies when the injury is inherently undiscoverable. The statute is tolled when the defendant leaves the state.

Modified Comparative Fault 51% Bar (Proportionate Responsibility)

Texas follows a modified comparative fault rule (called "proportionate responsibility") under Tex. Civ. Pract. & Rem. Code Chapter 33. A plaintiff who is 51% or more at fault is completely barred from recovery. If the plaintiff is 50% or less at fault, damages are reduced by their percentage of fault.

Texas applies several liability in most cases each defendant pays only their proportionate share of damages. Joint and several liability applies only when a defendant is found more than 50% responsible and certain conditions are met (e.g., the claim involves a criminal act, environmental contamination, or specific toxic tort scenarios).

Damage Caps

No General Caps on Compensatory Damages

Texas imposes no caps on economic or non-economic damages in most personal injury cases, including auto accidents, premises liability, and product liability. Juries have broad discretion to award damages.

Medical Malpractice Capped (Tort Reform)

Under Tex. Civ. Pract. & Rem. Code § 74.301 (enacted 2003):

• $250,000 per individual physician or health care provider for non-economic damages
• $250,000 per health care institution, with a maximum of $500,000 for all institutional defendants combined
• Total non-economic cap: effectively $750,000 maximum (one physician + two institutions)
• Economic damages are not capped

Punitive (Exemplary) Damages

Under Tex. Civ. Pract. & Rem. Code § 41.008, exemplary damages are capped at the greater of:

• Two times economic damages plus up to $750,000 in non-economic damages, or
• $200,000

Exemplary damages require proof by clear and convincing evidence of fraud, malice, or gross negligence.

Government Liability Caps

Under the Texas Tort Claims Act:

• $250,000 per person / $500,000 per occurrence for state government
• $100,000 per person / $300,000 per occurrence for local governments (cities, counties)
• No exemplary damages against the government

Auto Insurance Requirements

Texas is an at-fault (tort) state.

Liability Minimums 30/60/25

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

These minimums (known as "30/60/25") are higher than the national average.

No PIP Required (But Offered)

Texas requires insurers to offer Personal Injury Protection (PIP) coverage with a minimum of $2,500. Drivers may reject PIP in writing. If not rejected, PIP is included.

UM/UIM Must Be Offered

Uninsured/Underinsured Motorist (UM/UIM) coverage must be offered by insurers, but drivers may reject it in writing.

Where Personal Injury Cases Are Filed

Personal injury lawsuits in Texas are filed in District Court (general jurisdiction) or County Court at Law (limited jurisdiction, varies by county). Texas has 254 counties. Justice of the Peace Courts handle civil cases up to $20,000. Small Claims Courts (within JP Courts) handle cases up to $20,000.

Harris County (Houston), Dallas County, Bexar County (San Antonio), Tarrant County (Fort Worth), and Travis County (Austin) handle the highest volumes of personal injury litigation. Harris County and certain South Texas counties have historically been among the more plaintiff-friendly jurisdictions.

Common Types of Personal Injury Cases in Texas

Texas's enormous size, massive population, extensive highway system, oil and gas industry, construction boom, severe weather, and diverse geography generate the highest volumes of personal injury litigation of any state. Common case types include motor vehicle accidents (particularly on I-35, I-10, I-20, I-45, US 281, and the state's many rural highways), commercial truck and 18-wheeler accidents (Texas leads the nation in truck accident fatalities), motorcycle accidents, pedestrian and bicycle accidents (especially in Houston, Dallas, San Antonio, and Austin), premises liability (including slip-and-fall, retail injuries, and property security negligence), medical malpractice, product liability, wrongful death, construction accidents (Texas is one of the most active construction states), oil field and energy industry injuries (drilling, pipeline, refinery, and chemical plant explosions), workplace injuries, nursing home abuse, dog bites (Texas follows a "one-bite" / negligence rule owner liable with prior knowledge of dangerous propensities or negligent handling), toxic tort and environmental exposure claims (petrochemical industry), maritime and Jones Act injuries (Gulf Coast), refinery and plant explosion injuries, school and university injuries, amusement park injuries (Six Flags, SeaWorld), ranch and agricultural injuries, and hurricane and severe weather damage claims.

This page provides general legal information about Texas personal injury law and is not a substitute for professional legal advice. If you have been injured, consult with a qualified personal injury attorney licensed in Texas to discuss the specific facts of your case.