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Texas Injury Compensation
If someone else's negligence left you hurt in Texas, you have the right to pursue full compensation for your medical bills, your lost income, and the lasting effect of the injury.
A Texas personal injury lawyer proves who caused the harm, documents what it cost you, and presses the at-fault party's insurer to pay the real value of the claim rather than its first offer.
Texas is a fault state, so the person or company responsible for the crash, fall, or injury is the one who pays for it.
Your recovery follows fault, and the insurer's job from the first phone call is to shift that fault onto you.
Lawsuit Legal works from our Houston office and represents injured people across the entire state, from the Gulf Coast to North Texas and out to El Paso.
Our Texas work is led by personal injury attorney Don Worley, licensed by the State Bar of Texas, with more than 40,000 cases handled and over $100 million recovered for injury victims.
When an insurer refuses to pay what a claim is worth, our trial-ready attorneys are prepared to take it to a Texas jury.
Call (888) 713-6653 for a free, confidential review of your Texas injury claim. You Win or It's Free.
- $100+ million recovered w/ 98% recovery rate
- Texas-licensed trial attorney with a Houston office, serving the whole state
- Free case review - You Don't Pay Unless We Win
How Texas Injury Law Affects Your Claim
Every Texas injury claim comes down to two questions: who is responsible, and what are the losses worth. Texas then layers its own rules on top, and a few of them decide cases before a single negotiation begins.
Texas is a fault state. The party that caused the harm is financially responsible, and you pursue that party's liability insurer directly. There is no no-fault step to clear first, a distinction explained on our page about whether Texas is a no-fault state. The state requires drivers to carry minimum liability coverage of 30,000 dollars per person, 60,000 dollars per accident, and 25,000 dollars in property damage, and a single trauma admission can exhaust those limits before discharge, which is when your own uninsured and underinsured motorist coverage often becomes the real source of recovery.
Proportionate responsibility, and the 51 percent bar. Texas follows modified comparative fault under Section 33.001 of the Civil Practice and Remedies Code.[1] Your recovery is reduced by your share of fault, and you are barred completely if your share is more than 50 percent. On a 300,000 dollar claim, 20 percent fault leaves you 240,000 dollars and 50 percent fault leaves you 150,000 dollars, but cross to 51 percent and you recover nothing. That cutoff is exactly why the insurer fights to push your fault over the line, and why your fault percentage is worth fighting for point by point. Since 2015, even seat belt nonuse evidence can enter that percentage fight when the defense ties it to the injuries.
You generally have two years to file. Most Texas injury and wrongful death claims must be filed within two years of the injury under Section 16.003.[2] When a city, county, or state entity is involved, a separate written notice is due far sooner under the Texas Tort Claims Act, six months by statute and as little as 90 days under some city charters.[3] Miss that notice window and the claim against the government is barred no matter how strong it is.
Texas caps medical malpractice, not your car crash. A common misconception is that Texas caps injury awards across the board. It does not. Ordinary injury claims have no cap on economic or non-economic damages. The main exception is medical malpractice, where non-economic damages are limited to 250,000 dollars against physicians, with a separate limit against health care institutions under Section 74.301.[4] Knowing which rule applies to your case sets a realistic expectation of value from the start.
You can sue the bar in Texas. Unlike some states, Texas has a Dram Shop Act. Under Section 2.02 of the Alcoholic Beverage Code, a bar, restaurant, or other licensed provider that serves an obviously intoxicated person can share liability for the crash that person later causes.[5] After a drunk-driving wreck, that can add a second, better-insured defendant alongside the driver, and our page for Texas DWI victims covers the whole claim.
If your employer opted out of workers' comp, you can sue them. Texas is the only state that lets private employers decline workers' compensation. An employer that opts out is a non-subscriber, and under Section 406.033 of the Labor Code it loses the common-law defenses most employers rely on, including blaming the injured worker's own carelessness.[6] That turns a work injury into a negligence case with no damage cap, which is one of the most valuable and least understood rights an injured Texan has.
We take the cases we believe in. If we take your case, we think we can win it. We think we can secure meaningful compensation. We'll tell you plainly when you can handle a claim yourself, or if we don't think we can help. The typical profile is a serious injury and strong liability, people trying to put their lives back together. Texas has plenty of both.
Common Injuries in Texas Accident Cases
Some injuries settle in months. Others reshape a person's life and cost for decades. The category your injury falls into is the single biggest driver of what a claim is worth.
Traumatic Brain Injuries. Concussions, contusions, and diffuse axonal injury from high-speed crashes, falls, and struck-by incidents. A normal CT scan does not rule out a brain injury, and these claims carry the highest values when the cognitive impact is properly documented.
Spinal Cord and Back Injuries. Herniated discs, compression fractures, and paralysis. The defense scrutinizes treatment gaps hard, so consistent records from the first evaluation through every follow-up are what hold these claims together.
Broken Bones and Orthopedic Trauma. Fractures are objectively verifiable on imaging. Disputes shift to surgical necessity, hardware, and permanent limitation rather than whether the injury is real.
Burns and Disfigurement. Fires, chemical exposure, and industrial accidents on the Gulf Coast produce severe burns that require grafting, extended hospitalization, and long-term care, with permanent scarring that carries its own value.
Internal and Organ Injuries. Blunt-force trauma causes internal bleeding and organ damage that can be life-threatening and is often missed in the first hours after an incident.
Soft Tissue Injuries. Whiplash, sprains, and ligament tears. Real injuries that are hard to show on imaging and routinely minimized, which makes the medical and physical-therapy record the proof.
Catastrophic Injuries. Amputation, severe spinal cord damage, and injuries requiring lifetime care are valued across decades of future medical cost and lost earning capacity, not the bills already paid.
Fatal Injuries. When an injury is fatal, a wrongful death claim lets the surviving spouse, children, and parents recover for funeral costs, lost support, and the loss of the relationship.
Types of Accidents That Cause Serious Injury
Lawsuit Legal takes serious injury and death cases across Texas, the kind that need investigation, experts, and a firm willing to try them. The incidents behind those cases fall into a handful of recurring types.
- Car and Auto Accidents. Rear-end, T-bone, head-on, and multi-vehicle crashes on Texas interstates and city streets. Our Texas car accident lawyers handle the full range, including Uber and Lyft crashes and crashes caused by texting drivers, and our guide on what to do after a Texas crash covers the first steps.
- Truck and 18-Wheeler Crashes. Texas carries some of the heaviest freight traffic in the country, and a crash with an 80,000-pound tractor-trailer brings carrier liability, federal trucking records, and commercial policies far above the auto minimum. See our Texas truck accident lawyers.
- Motorcycle Accidents. Riders face severe injuries and a built-in bias from insurers. Our Texas motorcycle accident lawyers keep the focus on the driver who failed to yield.
- Pedestrian and Bicycle Accidents. Wide, fast arterials make Texas one of the more dangerous states for people on foot. We pursue Texas pedestrian injury claims against the drivers who failed to look.
- Workplace and Non-Subscriber Injuries. Construction, warehouse, and industrial injuries, including negligence claims against Texas employers who opted out of workers' compensation. See our workplace injury attorneys and construction accident lawyers.
- Oilfield, Refinery, and Maritime Injuries. The energy economy creates plant explosions, oilfield accidents, and Ship Channel and offshore injuries governed by their own rules, including the Jones Act for injured maritime workers.
- Slip, Trip, and Fall and Premises Liability. Dangerous property conditions, negligent security, and pool drownings. Our Texas slip and fall and premises liability lawyers prove what the owner knew and ignored.
- Medical Malpractice. Misdiagnosis, surgical errors, birth injuries, and hospital negligence in a state that caps malpractice damages and sets strict expert deadlines. Our medical malpractice attorneys take on well-funded hospital defense teams.
- Nursing Home Abuse and Neglect. Bedsores, falls, malnutrition, and financial exploitation that are often the documented result of understaffing. See our Texas nursing home abuse lawyers.
- Brain and Catastrophic Injuries. Lifetime-cost injuries built to the full future medical and care number. Our Texas brain injury lawyers and catastrophic injury attorneys document the decades ahead.
- Dog Bites and Animal Attacks. Facial scarring, infection, and child victims, with homeowners or renters insurance often the source of recovery. See our dog bite lawyers and the two paths to liability under Texas's one-bite rule.
- Wrongful Death. When a family loses someone to negligence, our wrongful death lawyers pursue the full measure of the loss.
If your injury is not listed, call anyway. The only way to know whether you have a valid Texas claim is to have a lawyer review the facts.
Texas Injury and Crash Reality
Texas has recorded over 4,000 traffic fatalities a year in recent TxDOT reporting, and the state has not gone a single day without a death on its roads since November 7, 2000.
Harris County, the Houston metro, consistently leads the state in traffic deaths and serious-injury crashes, driven by the volume on I-45, I-10, I-69, and Beltway 8.
Texas is also the only state that lets private employers opt out of workers' compensation, which means a large share of on-the-job injuries are handled as negligence claims against the employer rather than comp claims.
Recoverable Damages in a Texas Injury Claim
Texas does not cap damages in an ordinary injury case. The recovery is set by the evidence, not a statutory ceiling, with narrow exceptions for medical malpractice and for exemplary damages. Two people with the same diagnosis can still recover very different amounts, because value is built from the specific injury, the losses, and the available insurance.
Recoverable damages in a Texas injury case may include:
- Past and future medical expenses (ER, surgery, hospitalization, rehabilitation, medication)
- Long-term and life-care costs for a catastrophic injury
- Lost wages and lost future earning capacity
- Physical pain and suffering
- Mental anguish and emotional distress
- Disfigurement and permanent scarring
- Physical impairment and loss of enjoyment of life
- Loss of consortium for a spouse or family
- Property damage and diminished value where a vehicle is involved
- Out-of-pocket costs (transportation, home modifications, assistive devices)
- Exemplary damages where the conduct was grossly negligent or intentional
Future medical care and lost earning capacity often dwarf the bills already paid, and because ordinary Texas injury claims are not capped, those numbers are recoverable in full. Get a free review of your claim and we will walk you through what your case realistically involves.
Where Texas Injury Cases Are Filed
Lawsuit Legal's Texas office is in Houston, and we represent injured people across the entire state. A case generally files in the county where the injury happened, and the court, the jury pool, and the local procedure differ from one metro to the next.
Houston and the Gulf Coast. Harris County cases file in the Harris County District Courts, the largest civil court system in the state. The most serious crash and injury victims in the region are taken to Memorial Hermann-Texas Medical Center or Ben Taub General Hospital, the area's Level I trauma centers, and that trauma record often becomes the foundation of the claim. Our Houston personal injury lawyers handle cases across the region, most tracing to the volume on I-45, I-10, I-69, and Beltway 8, and to the industrial corridor along the Houston Ship Channel.
Dallas-Fort Worth. Dallas County and Tarrant County carry heavy interstate and commercial-truck traffic on I-35, I-30, I-20, and the LBJ Freeway, and cases file in the district courts of each county. Our Dallas personal injury lawyers handle claims across the Metroplex, the largest inland freight hub in the country, and our Fort Worth personal injury lawyers cover Tarrant County and the west side.
Austin and San Antonio. Travis County and Bexar County see growth-driven congestion on I-35 and the surrounding loops, with claims filing in their respective district courts. Our Austin personal injury lawyers handle Travis County claims across the metro, and our San Antonio personal injury lawyers cover Bexar County, the busiest crash county in the state.
Statewide. We handle cases from El Paso to the Panhandle to the Rio Grande Valley. Local to Houston. Serving all of Texas.
How a Texas Injury Lawyer Builds Your Case
The work runs on two tracks at once: preserving the evidence before it disappears, and building the claim that turns that evidence into compensation.
Evidence preservation. Crash reports, surveillance and traffic-camera footage, vehicle black-box data, and the medical records that tie the injury to the incident all degrade or overwrite on their own schedules. Preservation letters go out early, because the clip or data file that proves your case can be gone within days.
Medical documentation. The claim depends on an unbroken medical timeline, from the first trauma evaluation through every specialist and rehabilitation visit. Texas recognizes a duty to mitigate, and the defense uses every missed appointment against you.
Coverage and liability identification. The recovery often depends on finding every policy and every responsible party: the at-fault driver's liability coverage, your own uninsured and underinsured motorist coverage, stacked household policies, commercial and employer policies, and a dram shop or premises defendant where the facts support it.
Damage calculation. Medical experts, and where needed accident reconstructionists and vocational economists, document current and future medical costs, lost earning capacity, pain and suffering, and, in gross-negligence cases, exemplary damages.
Negotiation and trial. The demand reflects the documented value, and when the insurer refuses to pay it, the case is filed and taken toward trial. Insurers track which firms try cases and which only file them, and that reputation shows up in the size of the offer.
The early offer that arrives before your treatment is finished was never priced to be fair. It was priced to be fast. A free consultation is the fastest way to find out where your claim stands, and we will tell you honestly if you do not need a lawyer.