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Can You Sue a Texas City or County for an Injury?
Yes, but the rules are stricter and the clock is much faster than an ordinary injury claim.
A Texas city, county, or state agency can be sued only in the limited situations where the Tort Claims Act waives its immunity, and only if you give written notice quickly, often within six months and sometimes as little as 90 days.
Damages against the government are also capped, which makes these cases as much about who else is responsible as about the government itself.
The notice deadline is the part that ends most of these claims, and it runs from the day of the incident, long before the normal two-year filing deadline.
A strong case against a government entity is worth nothing if the notice window closes first.
Call (888) 713-6653 for a free, confidential review of your Texas government injury claim before the deadline runs.
At-a-Glance: Texas Government Injury Claims
- The Tort Claims Act waives immunity only in limited situations, mainly vehicles and dangerous property
- Written notice is due fast, often within six months and sometimes 90 days under a city charter
- The notice must describe the injury, the time and place, and the incident itself
- Damages are capped: cities and the state at $250,000 per person, counties often lower
- Punitive damages against a government entity are not allowed
- Finding non-government defendants is often the key to a full recovery
When You Can Sue a Texas Government Entity
Texas governments start with immunity from suit. The Texas Tort Claims Act gives that immunity back in a few defined situations, and your claim has to fit one of them.
The two that come up most:
- Motor vehicle and equipment use. When a government employee causes injury by operating a motor-driven vehicle or piece of equipment, such as a city bus, a county truck, or a public works vehicle, the government can be liable.
- Dangerous property conditions. When injury is caused by a condition or use of government property, such as a defect on a public road, a hazard in a public building, or faulty equipment, a premises claim can proceed.
Outside those defined waivers, immunity usually holds. Sorting out whether a claim fits is the first question in any case against a Texas city, county, or state agency, and it is worth answering early because the notice clock is already running.
The Notice Deadline That Ends Most Government Claims
The single biggest reason valid government claims fail is the notice deadline. The Tort Claims Act requires written notice of the claim within six months of the incident.[1]
Many cities cut that window much shorter through their charters. A municipal charter can require notice within 90 days, 60 days, or even less, and that local deadline controls. Houston, Dallas, San Antonio, and other Texas cities each set their own notice rules, so the safe assumption is that the deadline is shorter than six months until proven otherwise.
The deadline is jurisdictional. Miss it and the claim is barred, regardless of how badly the government was at fault or how serious the injury. The one narrow relief is that formal notice may not be required where the government already had actual notice of the injury, but that is a fallback to confirm, never a plan to rely on.
What Your Notice of Claim Must Include
A valid notice does more than alert the government that someone is upset. The statute requires it to reasonably describe the core facts so the entity can investigate:
- The injury or damage claimed. What harm the incident caused, to a person or to property.
- The time and place of the incident. When and where it happened, with enough detail to locate it.
- The incident itself. A description of how the injury occurred.
Beyond the contents, the practical details matter. The notice has to reach the correct official or office for that entity, it should go out in writing with proof of delivery, and it should be sent as early as possible rather than at the edge of the deadline. Because each entity sets its own rules, a notice that would satisfy one city can fall short for another, which is why these claims are best put in motion right away.
How Much You Can Recover: Texas Government Damage Caps
Even a winning claim against a Texas government entity is capped. The Tort Claims Act limits what each kind of entity pays, and the limit depends on which government you are suing.[2]
| Government Entity | Per Person | Per Occurrence | Property |
|---|---|---|---|
| State of Texas | $250,000 | $500,000 | $100,000 |
| City or municipality | $250,000 | $500,000 | $100,000 |
| County or other local unit | $100,000 | $300,000 | $100,000 |
| Emergency service organization | $100,000 | $300,000 | $100,000 |
Two points carry real weight. The per-occurrence number is the total the entity pays no matter how many people were hurt, so a serious multi-victim crash can exhaust it fast. And punitive damages are not available against a government entity at all, which removes a category that would otherwise apply to reckless conduct.
Why Government Cases Need More Than One Defendant
Because the caps are low and the injuries are often severe, the recovery in a government case frequently turns on who else can be held responsible alongside the entity.
A crash with a city vehicle may also involve a private contractor or a negligent third driver. A dangerous-road case may reach the construction or maintenance company that created the hazard. A defective piece of public equipment may point to its manufacturer. Your own uninsured and underinsured motorist coverage can also answer above the government cap. Building the full list of defendants and policies, rather than stopping at the capped government claim, is what separates a limited recovery from a full one, and it ties directly to how Texas damage caps shape the value of a case.
Get a free review. We will confirm the notice deadline that applies, protect it, and find every defendant who can answer for the harm.