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Texas Personal Injury Lawyers

Texas recorded 4,150 traffic fatalities in 2024, a 3.29% decrease from the 4,291 deaths in 2023, according to the Texas Department of Transportation Crash Records Information System (CRIS). Even with that improvement, Texas continues to have the most traffic deaths of any state in the country. In 2024, a reportable crash occurred on a Texas roadway every 57 seconds, one person was killed every 2 hours and 7 minutes, and one person was injured every 2 minutes and 5 seconds. The state recorded 251,977 total injuries, 18,218 of them serious, plus 768 pedestrian deaths, 585 motorcycle deaths, and 78 cyclist deaths. Alcohol-impaired driving contributed to 1,053 deaths, or 25.37% of all 2024 fatalities. Half of all Texas fatalities (50.12%) occurred on rural roads.

Texas is the second-largest state in the United States both by area and by population, with about 30 million residents spread across 254 counties (more than any other state) and more than 1,200 incorporated cities. The state stretches roughly 800 miles in each direction, from the Red River in the north to the Gulf of Mexico and the Rio Grande in the south, and from El Paso in the far west to the Sabine River and the Louisiana border in the east. The geography breaks into seven distinct regions: the Dallas-Fort Worth Metroplex, Greater Houston, the Greater San Antonio and Austin “Texas Triangle,” the Rio Grande Valley, West Texas (Midland-Odessa, El Paso, Lubbock, Amarillo), East Texas, and the Coastal Bend. The state economy combines oil and gas (the Permian Basin in West Texas, the Eagle Ford Shale in South Texas, the Barnett Shale in North Texas, and the Haynesville Shale in East Texas), petrochemical refining (the Houston Ship Channel and the Texas Gulf Coast), aerospace and defense (Lockheed Martin in Fort Worth, Bell Textron, Joint Base San Antonio, Fort Cavazos, NASA Johnson Space Center), agriculture and ranching, technology (Austin, Dallas, Houston), healthcare and biotech (the Texas Medical Center in Houston is one of the largest medical complexes in the world), finance and corporate headquarters (Dallas, Houston), state government (the Texas Capitol complex in Austin), education (the University of Texas system, Texas A&M, Texas Tech, the University of Houston), and transportation and logistics (the Port of Houston is the #1 U.S. port by foreign tonnage, and the Port of Corpus Christi is the #1 U.S. port by total exports).

That mix produces a personal injury caseload unlike any other state. Wrecks on the Interstate 10, Interstate 20, Interstate 30, Interstate 35, Interstate 37, Interstate 40, Interstate 44, and Interstate 45 corridors that crisscross Texas. Pedestrian deaths concentrated on the wide arterials of Houston, Dallas, San Antonio, Austin, Fort Worth, and El Paso. Truck crashes on the long-haul freight corridors moving petrochemicals out of the Houston Ship Channel, agricultural products from the Panhandle, and consumer goods through the Dallas-Fort Worth distribution network. Oil and gas industry injuries in the Permian Basin, the Eagle Ford Shale, and the East Texas oil patch. Workplace injuries on Texas construction sites under the state’s “non-subscriber” workers’ compensation system. Refinery and petrochemical incidents along the Houston Ship Channel and the Beaumont-Port Arthur industrial corridor. Plus the everyday volume of car wrecks, slip-and-falls, dog bites, defective product injuries, and medical malpractice cases that every state generates.

You shouldn’t have to take an insurance company’s first offer just because medical bills are piling up. You deserve an attorney who knows Texas, knows the local courts, and isn’t afraid to push back when an insurer won’t pay what your case is worth.

At DJC Law, our Texas personal injury lawyers help accident victims and their families recover after serious injuries. We serve clients throughout Texas, including the Dallas-Fort Worth Metroplex, Greater Houston, San Antonio, Austin, Waco, Temple, Galveston, Beaumont, and the surrounding regions. If you were hurt in a wreck on a Texas interstate or surface street, struck while walking or cycling, injured at work, harmed by a defective product, or hurt in any other accident caused by someone else’s negligence, we can help.

We work on contingency. You pay nothing unless we win. Call us today for a free, no-obligation consultation. Hablamos español.

What Is Personal Injury Law?

Personal injury law lets people who’ve been hurt by someone else’s negligence, recklessness, or intentional misconduct seek financial compensation for their losses. These are civil claims, separate from any criminal charges. They hold the responsible party accountable and help injured victims recover the money they need for medical bills, lost wages, pain and suffering, and other damages.

Most personal injury cases come down to negligence. To win a negligence claim, you have to prove four things: that the defendant owed you a duty of care, that they breached that duty, that the breach caused your injuries, and that you suffered actual damages.

That sounds simple enough on paper. In practice, insurance companies spend a lot of time and money working to deny, delay, and minimize claims. In Texas, you may also be dealing with a national trucking carrier moving freight along I-10, I-20, I-35, or I-45, an out-of-state corporation operating a Texas facility, the City or County where the incident happened, the State of Texas or one of its agencies (the Texas Department of Transportation, the Texas Department of Public Safety, the Texas A&M and University of Texas systems, the Texas Tollway authority), one of Texas’ regional public transit agencies (Houston METRO, DART in Dallas-Fort Worth, VIA in San Antonio, Capital Metro in Austin, Sun Metro in El Paso), an oil and gas operator, a petrochemical or refining company, a Texas hospital system, or a federal agency operating on Big Bend, Padre Island, or another federal facility. Each comes with its own defense team. An experienced personal injury attorney can level the conversation and improve your chances of a fair recovery.

Why Choose DJC Law

Not every personal injury firm is the same. Here’s what sets DJC Law apart.

You Pay Nothing Unless We Win

We take personal injury cases on contingency. There are no upfront fees, and you owe us nothing unless we recover compensation for you. Our payment comes out of your settlement or verdict, so we only get paid when you do.

Personal Attention From Your Attorney

You won’t get handed off to a paralegal or left wondering what’s going on with your case. Our attorneys stay involved at every stage. We return calls. When you have a question, you’ll get an answer from the lawyer actually handling your case.

A Statewide Texas Footprint

DJC Law represents personal injury clients across Texas. We handle cases in the Dallas-Fort Worth Metroplex, Greater Houston, San Antonio, Austin, Waco, Temple, San Marcos, Galveston, Beaumont, and across Central, North, East, and Coastal Texas. That statewide footprint matters because Texas’ local court systems, public agencies, and procedural rules vary from one of the state’s 254 counties to the next, and because the right venue, the right local counsel, and the right local knowledge can change the outcome of a case. From Harris County District Court (the largest urban court system in Texas) to Dallas County, Bexar County, Travis County, Tarrant County, Collin County, Denton County, Williamson County, Galveston County, Jefferson County, McLennan County, Bell County, and the dozens of other Texas counties where we file cases, we know how those courts work.

Bilingual Representation

Texas is one of the most diverse states in the United States. About 40% of Texans are Hispanic or Latino (and Texas is now a majority-minority state), about 13% are Black or African American, about 6% are Asian, and roughly 17% of all Texans are foreign-born. The Rio Grande Valley, El Paso, San Antonio, Houston, and Dallas all have large Spanish-speaking populations, and Houston is one of the most linguistically diverse cities in the country, with major Spanish, Vietnamese, Chinese, Korean, Indian, Filipino, Arabic, Urdu, and Nigerian-language communities. Your attorney shouldn’t be a barrier to understanding your own case. Our team works in English and Spanish, so you can ask questions and make decisions in the language you’re most comfortable with.

Experience With Texas’ Distinctive Defendants

Texas produces a kind of case mix you don’t see in most other states. Wrecks involving 18-wheelers on the I-10, I-20, I-35, and I-45 corridors. Refinery and petrochemical incidents along the Houston Ship Channel, the Texas City industrial corridor, and the Beaumont-Port Arthur Golden Triangle. Drilling-rig, well-pad, fracking, and pipeline injuries across the Permian Basin in West Texas, the Eagle Ford Shale in South Texas, and the Barnett and Haynesville fields in North and East Texas. Construction injuries on the major DFW, Houston, Austin, and San Antonio commercial projects, and on Texas’ constant state highway expansion work. Workplace injuries against Texas “non-subscriber” employers (Texas is the only state where employers can opt out of the workers’ compensation system, which dramatically changes the legal framework for on-the-job injuries). Crashes involving farm and ranch equipment, agricultural haulers, and oil-field tankers on rural Texas highways. Federal property cases at Big Bend National Park, Padre Island National Seashore, the various Army Corps of Engineers reservoirs, Joint Base San Antonio, Fort Cavazos, NASA Johnson Space Center, and the federal courthouses across the state. We’re comfortable building cases involving multiple potentially responsible parties, layered insurance policies, and experienced defense teams rather than settling for the first or easiest target.

Trial-Ready Representation

Insurance companies and corporate defendants pay attention to which firms actually take cases to court. When they know we’re prepared to try a case, they’re a lot more willing to settle for a fair number. If they aren’t willing, we’re ready to put your case in front of a Texas jury.

Texas Personal Injury Law: A Quick Overview

Texas has its own personal injury framework, with several distinctive features built into the Texas Civil Practice and Remedies Code. Here are the foundations you should know.

Statute of Limitations

Under Texas Civil Practice and Remedies Code § 16.003, you generally have two years from the date of injury to file a personal injury lawsuit in Texas. Wrongful death claims are also subject to a two-year statute of limitations under § 16.003(b). Several special rules apply, discussed in detail below.

Modified Comparative Fault (51% Bar)

Texas is a modified comparative fault state under Texas Civil Practice and Remedies Code § 33.001. The Texas rule is the 51% bar: you can recover compensation only if you are 50% or less at fault. If you are 51% or more at fault, you recover nothing. If you are 50% or less at fault, your recovery is reduced by your percentage of fault. If you are 30% at fault and your damages total $100,000, you’d recover $70,000. If you are exactly 50% at fault, you’d still recover $50,000. If you are 51% at fault, you recover nothing. The fault percentage is one of the most important strategic battlegrounds in Texas personal injury cases.

Premises Liability (Invitee, Licensee, Trespasser Categories)

Texas premises liability law applies the traditional invitee, licensee, and trespasser framework, with the duty of care depending on the category. An invitee (someone on the property for the mutual benefit of both parties, like a customer in a store) is owed the highest duty of care. A licensee (someone on the property with permission but for their own purposes, like a social guest) is owed an intermediate duty. A trespasser is owed the most limited duty (generally only to refrain from intentional or willful conduct that causes injury, plus the attractive nuisance doctrine for child trespassers). Categorization is often the central legal issue in a Texas premises case.

Dog Bites (One-Bite Rule)

Texas follows a common-law “one-bite” rule from Marshall v. Ranne (Tex. 1974). The dog’s owner is generally liable only if the owner knew or should have known the dog had dangerous propensities (typically because of a prior bite or aggressive behavior), or if the owner was negligent in handling the dog. Some Texas cities have local “dangerous dog” ordinances that can supplement common-law liability. Plaintiffs in Texas dog-bite cases often pursue parallel claims for ordinary negligence and for negligence per se when local ordinances are violated.

At-Fault Auto Insurance

Texas is an at-fault (or “tort”) state for auto insurance, meaning the driver who caused the wreck (and that driver’s insurance) is responsible for the damages. Texas is not a no-fault state. The Texas minimum auto insurance requirements are 30/60/25 ($30,000 per injured person, $60,000 per accident, $25,000 for property damage). Texas drivers can also reject uninsured motorist (UM) and underinsured motorist (UIM) coverage in writing under Texas Insurance Code § 1952.101, which is a costly choice and one we always recommend reversing.

Texas Workers’ Compensation: The “Non-Subscriber” System

Texas is the only state in the United States where private employers can opt out of the workers’ compensation system. Employers who opt out are called “non-subscribers” and lose the traditional immunity from negligence suits that workers’ comp provides. That makes Texas non-subscriber injury cases a distinctive and potentially valuable category of personal injury practice. A worker injured by a non-subscriber’s negligence can sue the employer directly in district court, without the workers’ comp exclusivity bar, and without the traditional defenses of contributory negligence, assumption of risk, or fellow-servant negligence (those defenses are stripped from non-subscribers under Texas Labor Code § 406.033). For workers injured by subscriber employers, the comp system is generally exclusive against the direct employer, but third-party claims (against other contractors, equipment makers, premises owners) often remain available.

Texas Tort Claims Act (Narrow Government Liability + Damage Caps)

Government defendants in Texas come with their own framework. The Texas Tort Claims Act (TTCA), Texas Civil Practice and Remedies Code Chapter 101, waives governmental immunity only in narrow categories: motor vehicle accidents involving public employees acting in the scope of employment, premises defects (with a heightened standard for non-paid government users), and use of tangible personal property. The TTCA also caps damages at $250,000 per person and $500,000 per occurrence for the State of Texas, $250,000 per person and $500,000 per occurrence for cities and most other municipalities (with $100,000 property damage caps), and similar limits for other governmental units. The TTCA also requires written notice within 6 months for claims against the State, and many cities have shorter local-charter notice periods (often 90 days, sometimes 30 days). Miss the notice deadline and your case is gone. Always confirm the applicable notice period for the specific governmental defendant.

Punitive (Exemplary) Damages

Texas calls them exemplary damages, governed by Texas Civil Practice and Remedies Code Chapter 41. Exemplary damages are available for fraud, malice, or gross negligence under § 41.003, and require a unanimous jury verdict on liability and amount. Exemplary damages are capped under § 41.008 at the greater of $200,000 or two times economic damages plus an equal amount of non-economic damages up to $750,000. Several types of conduct (including intoxication assault and certain felony-level offenses) trigger an exception to the cap.

Medical Malpractice (Chapter 74)

Texas medical malpractice is governed by the Texas Medical Liability Act, Texas Civil Practice and Remedies Code Chapter 74. Three procedural traps matter most. First, plaintiffs have to give the defendant 60 days’ written notice of the claim before filing suit, with an authorization for the release of medical records. Second, plaintiffs have to serve a qualifying expert report on each defendant within 120 days of filing the original answer, under § 74.351. Failing to serve a qualifying expert report within the deadline results in dismissal of the case with prejudice plus mandatory attorney’s fees against the plaintiff. Third, non-economic damages are capped at $250,000 per defendant and $500,000 per claimant (with a separate $250,000 cap for each of up to two healthcare institutions, for a total potential $750,000 cap on non-economic damages). Economic damages are not capped.

Products Liability

Texas products liability is governed by Texas Civil Practice and Remedies Code Chapter 82. The chapter codifies design-defect, manufacturing-defect, and marketing-defect claims, with specific procedural protections for non-manufacturing sellers under § 82.003. The Texas Supreme Court generally requires proof of a “safer alternative design” in design-defect cases.

Dram Shop Act (Limited)

The Texas Dram Shop Act under Texas Alcoholic Beverage Code § 2.02 allows a person injured by an intoxicated patron to sue an alcohol provider only if the provider sold or served alcohol to a person who was obviously intoxicated to the extent that the person presented a clear danger to themselves and others, and the intoxication proximately caused the damages. The “obvious intoxication” requirement is a meaningful standard that often turns the case on the available evidence (server training records, surveillance footage, receipts and pour records, witness testimony). Texas also has a “Trained Server” defense under § 106.14 that gives certain establishments a safe harbor against dram shop claims. Texas does not generally recognize social-host liability for adult guests (limited exceptions exist for serving minors).

Texting and Distracted Driving

Texas law bans texting while driving statewide under Texas Transportation Code § 545.4251, which makes it an offense to read, write, or send a text-based communication while operating a motor vehicle. Some Texas cities (Austin, San Antonio, El Paso, and others) also ban handheld phone use while driving under local ordinance. Distracted driving contributed to 380 traffic fatalities in Texas in 2024.

Texas Traffic Safety by the Numbers

According to the Texas Department of Transportation 2024 Motor Vehicle Crash Facts, the National Highway Traffic Safety Administration (NHTSA), and other public sources:

  • Texas recorded 4,150 traffic fatalities in 2024, a 3.29% decrease from the 4,291 deaths in 2023. Texas continues to record the most traffic deaths of any state in the country.
  • The 2024 fatality rate was 1.35 deaths per 100 million vehicle miles traveled, a 5.25% improvement over 2023.
  • A reportable crash occurred on a Texas roadway every 57 seconds. One person was killed every 2 hours and 7 minutes. One person was injured every 2 minutes and 5 seconds.
  • 251,977 people were injured in Texas crashes in 2024, with 18,218 of those injuries categorized as serious. There were 14,905 serious-injury crashes statewide.
  • Pedestrian fatalities totaled 768 in 2024, a 5.19% decrease from 2023. Cyclist (pedalcyclist) fatalities totaled 78, a 26.42% decrease from 2023. Motorcyclist fatalities totaled 585, with 37% of those killed not wearing helmets.
  • Alcohol-impaired driving contributed to 1,053 traffic deaths in 2024, accounting for 25.37% of all Texas traffic fatalities. The highest concentration of DUI-related crashes occurred between 2:00 a.m. and 2:59 a.m., with Sundays the most common day. Distracted driving contributed to 380 deaths, a 5.71% decrease from 2023.
  • Of all vehicle occupants killed in Texas in 2024 where seatbelt usage was applicable and known, 45.34% were not wearing a seatbelt.
  • Rural Texas roads accounted for 50.12% of all 2024 fatalities (2,080 deaths), reflecting higher speeds, limited lighting, fewer barriers, and longer emergency response times in less-populated regions.
  • Single-vehicle, run-off-the-road crashes accounted for 1,353 fatalities (32.6% of all 2024 deaths). Intersection-related crashes claimed 1,050 lives. Head-on collisions claimed 617 lives. Crashes involving fixed objects continue to be the largest single category of fatal crashes.
  • Among Texas cities, Houston set a new record for traffic fatalities in 2024, surpassing its previous record of 295 set in 2021. Dallas continues to report one of the highest per-capita fatal crash rates among major U.S. cities, with nearly one in three Dallas traffic deaths in recent years involving a pedestrian.

Texas’ Major Highway System

Texas has the largest state highway system in the United States, with more than 80,000 centerline miles maintained by the Texas Department of Transportation (TxDOT). Primary law enforcement jurisdiction on Texas freeways and state highways is held by the Texas Department of Public Safety (DPS) Highway Patrol. Several major Texas cities also operate toll roads under regional mobility authorities (the North Texas Tollway Authority in Dallas-Fort Worth, the Harris County Toll Road Authority in Houston, the Central Texas Regional Mobility Authority in Austin) or under TxDOT’s tollway program.

  • Interstate 10: The major east-west transcontinental freeway running across the entire state from El Paso through Fort Stockton, San Antonio, Houston, Beaumont, and on to the Louisiana border at Orange. I-10 is the southern transcontinental route to Phoenix, Tucson, and Los Angeles in the west, and to New Orleans, Mobile, and Jacksonville in the east. Texas has the longest stretch of I-10 of any state.
  • Interstate 20: The major east-west freeway running across northern Texas from west of Pecos through Midland-Odessa, Abilene, Fort Worth, Dallas, Tyler, Longview, and on to the Louisiana border at Waskom. I-20 is the principal east-west freight route through North Texas.
  • Interstate 30: The major east-west freeway running from I-20 west of Fort Worth through Fort Worth, Dallas, Greenville, Sulphur Springs, Mount Pleasant, and on to Texarkana. I-30 is the spine of the Dallas-Fort Worth Metroplex.
  • Interstate 35 (and the I-35E and I-35W splits): The major north-south freeway running from Laredo on the Mexican border through San Antonio, Austin, Waco, the Dallas-Fort Worth split (I-35E through Dallas, I-35W through Fort Worth), Denton, Gainesville, and on to the Oklahoma border. I-35 is one of the busiest freight corridors in North America, carrying NAFTA freight from Mexico to the U.S. and Canada.
  • Interstate 37: The major north-south freeway running from San Antonio through Three Rivers, Mathis, and on to Corpus Christi on the Gulf Coast.
  • Interstate 40: The major east-west freeway running across the Texas Panhandle from the New Mexico border through Amarillo to the Oklahoma border. I-40 is the principal Albuquerque-to-Oklahoma City coast-to-coast route.
  • Interstate 44: The freeway running from Wichita Falls north into Oklahoma toward Lawton, Oklahoma City, Tulsa, and the Ozark region.
  • Interstate 45: The major north-south freeway running from Galveston on the Gulf Coast through Houston, Conroe, Huntsville, Madisonville, and on to Dallas, where it terminates at I-30. I-45 is the principal Houston-to-Dallas route, one of the most-traveled freeways in Texas, and the corridor of significant ongoing reconstruction work in central Houston (the North Houston Highway Improvement Project).
  • Interstate 69 (under development): The future east-west / north-south freeway being built in segments through East Texas and South Texas, intended to connect the Rio Grande Valley to Houston and on to the Midwest. Currently signed as I-69 in segments along U.S. 59, U.S. 77, and U.S. 281.
  • U.S. Highway and State Route network: Including U.S. 59 (the Eastex Freeway in Houston, Lufkin route), U.S. 75 (Central Expressway in Dallas), U.S. 77 (Coastal Bend route), U.S. 83 (West Texas spine through Laredo, Junction, Abilene, and the Panhandle), U.S. 87 (San Angelo, Amarillo), U.S. 90 (Houston, Beaumont, Lake Charles), U.S. 281 (the central Texas spine through San Antonio and the Hill Country), U.S. 287 (Wichita Falls, Amarillo, Beaumont), U.S. 380 (DFW collar route), and the dense state-route network connecting Texas’ smaller cities.
  • Texas tollways: The Sam Houston Tollway (Beltway 8) and the Hardy Toll Road in Houston, the Dallas North Tollway and the President George Bush Turnpike in DFW, State Highway 130 between Austin and San Antonio, and State Highway 161 (the President George Bush Turnpike’s southern extension), among others. Most operate under regional mobility authorities or TxDOT’s toll program.

Texas’ Court System

Texas has one of the most distinctive court systems in the United States, with several features (including two highest courts and 14 intermediate appellate courts) that don’t exist in other states.

District Courts and County Courts (State Trial Courts)

Texas trial courts are organized at the county level across all 254 Texas counties. The general jurisdiction trial court in each county is the District Court, with civil jurisdiction over claims exceeding $500 in controversy and concurrent jurisdiction with County Courts at Law for many other cases. County Courts at Law handle smaller civil cases (typically up to $250,000 in controversy, depending on the local statute), probate, and certain misdemeanor and family law matters. Justice Courts handle small claims, evictions, and Class C misdemeanors. The largest urban court systems include the Harris County District Courts in Houston, the Dallas County District Courts, the Bexar County District Courts in San Antonio, the Travis County District Courts in Austin, the Tarrant County District Courts in Fort Worth, the Collin County District Courts in McKinney, the Denton County District Courts, the Williamson County District Courts in Georgetown, and the El Paso County District Courts.

Most personal injury cases are filed in the District Court of the county where the wreck happened, where the defendant resides, or where the cause of action accrued, under Texas Civil Practice and Remedies Code Chapter 15.

Texas Courts of Appeals (14 Intermediate Districts)

Texas has 14 intermediate Courts of Appeals, more than any other state, organized geographically across the state: Houston (1st and 14th, sharing geographic jurisdiction in Harris and surrounding counties), Fort Worth (2nd), Austin (3rd), San Antonio (4th), Dallas (5th), Texarkana (6th), Amarillo (7th), El Paso (8th), Beaumont (9th), Waco (10th), Eastland (11th), Tyler (12th), and Corpus Christi-Edinburg (13th). The two Houston Courts (1st and 14th) overlap and randomly assign cases between them.

Texas Has Two Highest Courts

Texas is one of only two states (with Oklahoma) that has two separate highest courts. The Supreme Court of Texas in Austin is the court of last resort for civil and juvenile cases. The Texas Court of Criminal Appeals in Austin is the court of last resort for criminal cases. Personal injury cases go to the Texas Supreme Court on discretionary review.

Federal District Courts (Four Districts)

Texas is divided into four federal judicial districts:

  • U.S. District Court for the Northern District of Texas, with courthouses in Dallas (the Earle Cabell Federal Building), Fort Worth, Amarillo, Lubbock, Wichita Falls, Abilene, and San Angelo. The Northern District covers the Dallas-Fort Worth Metroplex, the Texas Panhandle, the Llano Estacado, and the Big Country.
  • U.S. District Court for the Southern District of Texas, with courthouses in Houston (the Bob Casey U.S. Courthouse and the Reagan B. Morris U.S. Courthouse), Galveston, Corpus Christi, Brownsville, McAllen, Laredo, and Victoria. The Southern District covers Greater Houston, the Coastal Bend, the Rio Grande Valley, and the South Texas border counties.
  • U.S. District Court for the Eastern District of Texas, with courthouses in Tyler, Sherman, Marshall, Beaumont, Texarkana, Plano, and Lufkin. The Eastern District covers East Texas, the Piney Woods, the Sabine River corridor, and the Plano area in the northern Dallas-Fort Worth suburbs. The Marshall division is widely known for its patent litigation docket.
  • U.S. District Court for the Western District of Texas, with courthouses in San Antonio, Austin, El Paso, Waco, Midland-Odessa, Pecos, and Del Rio. The Western District covers Greater San Antonio, Greater Austin, El Paso and the Trans-Pecos, the Permian Basin, the Hill Country, and the Big Bend region.

Types of Personal Injury Cases We Handle

Our Texas personal injury attorneys take on a wide range of cases. If you’ve been hurt because of someone else’s negligence, we can help.

Car accidents are the single most common cause of serious injury across Texas. Distracted driving, speeding, drunk driving, and fatigue cause hundreds of thousands of crashes in Texas every year. The National Highway Traffic Safety Administration (NHTSA) identifies all four as leading contributors to fatal crashes nationwide. Texting while driving is illegal under Texas Transportation Code § 545.4251. [internal-link: car-accidents]

Truck accidents involving 18-wheelers, oil-field tanker trucks, frac-water haulers, agricultural haulers, and other commercial vehicles are a major part of Texas personal injury practice because of the heavy commercial freight volume on I-10, I-20, I-30, I-35, I-37, I-45, and the Permian Basin oil-field haul roads. These cases are governed in part by federal regulations enforced by the Federal Motor Carrier Safety Administration (FMCSA), including hours-of-service rules, drug and alcohol testing, hazmat handling rules (particularly important for crude oil and frac-water haulers operating across the Permian and the Eagle Ford), and maintenance standards. There are usually multiple parties who can be held liable, including the driver, the motor carrier, the well operator or shipper, brokers, and maintenance providers. Texas’ position as a national freight crossroads makes truck cases here especially common. [internal-link: truck-accidents]

Motorcycle accidents tend to leave riders with severe injuries because they don’t have the protection of an enclosed vehicle. The Insurance Institute for Highway Safety reports that motorcyclists are killed at far higher rates than passenger-vehicle occupants per mile traveled. Texas had 585 motorcycle fatalities in 2024, with 37% of those killed not wearing helmets. Texas does not have a universal helmet law for adults (riders 21 and older may ride without a helmet if they meet certain insurance or safety-course requirements under Texas Transportation Code § 661.003). Insurance companies often try to use motorcycle risk against riders, and we push back hard. [internal-link: motorcycle-accidents]

Pedestrian accidents account for a significant share of Texas traffic fatalities, particularly in the major metro areas. Drivers in Texas have a duty to yield to pedestrians at marked and unmarked crosswalks under Texas Transportation Code § 552.003, and we hold them responsible when they don’t. We also pursue claims tied to inadequate crosswalks, missing pedestrian signals, and other roadway design issues, including claims against the City, the County, TxDOT, or other governmental authorities. [internal-link: pedestrian-accidents]

Bicycle accidents are common across Texas, particularly along the multi-lane corridors of Houston, Dallas, San Antonio, Austin, and El Paso, on the popular weekend cycling routes through the Hill Country and the Davis Mountains, and on the urban bike infrastructure of Austin and Houston. Cyclists are particularly vulnerable on multilane corridors where motor vehicle speeds are high. We represent injured cyclists, including dooring victims, and pursue full compensation under Texas law. [internal-link: bicycle-accidents]

Public transit accidents, including crashes involving the Metropolitan Transit Authority of Harris County (Houston METRO), Dallas Area Rapid Transit (DART), VIA Metropolitan Transit (San Antonio), Capital Metro (Austin), Sun Metro (El Paso), the Trinity Railway Express, the DCTA in Denton, and the Texas school district fleets, come with their own complications. Public transit drivers and school bus drivers are held to a higher common-carrier duty of care, and claims against any of these public agencies have to go through the Texas Tort Claims Act process with notice deadlines as short as 30, 60, or 90 days for many cities and 6 months for the State, plus the TTCA damage caps. [internal-link: bus-accidents]

Rideshare accidents involving Uber, Lyft, and other transportation network companies are particularly common across Texas’ major cities and around DFW International, William P. Hobby, George Bush Intercontinental (IAH), Austin-Bergstrom, San Antonio International, El Paso International, and Love Field airports. These cases can involve overlapping insurance coverage that depends on whether the driver was logged into the app, en route to a passenger, or actively transporting one. We help injured riders, drivers, and third parties figure out which policy applies and pursue full recovery. [internal-link: rideshare-accidents]

Premises liability cases come up when a dangerous condition on someone else’s property causes an injury. Texas premises liability law continues to apply the traditional invitee, licensee, and trespasser categories, with different duties of care for each. That includes slip and falls (including the high volume of grocery and big-box-retail slip-and-falls in Texas), hotel and restaurant injuries, swimming pool incidents, falls in transit stations and rideshare loading zones, falls on stairs and escalators, and assault cases tied to inadequate security at apartment complexes, parking garages, and bars. [internal-link: premises-liability]

Construction and workplace accidents happen across Texas’ enormous industrial and construction economy. The major Houston, Dallas-Fort Worth, San Antonio, and Austin commercial projects, the constant TxDOT freeway construction, the petrochemical and refining build-outs along the Houston Ship Channel and the Beaumont-Port Arthur Golden Triangle, the major Joint Base San Antonio and Fort Cavazos contractor projects, and the everyday commercial and residential construction across the state all generate workplace and motorist injuries. Many of these cases involve violations of federal OSHA workplace safety standards, scaffolding and ladder failures, falling object incidents, equipment manufacturer claims, and third-party contractor liability. The interaction between Texas’ optional workers’ compensation system, the non-subscriber framework under Texas Labor Code § 406.033, the Property Owner’s contractor liability rule under Texas Civil Practice and Remedies Code Chapter 95, and third-party liability claims is layered and unique to Texas. [internal-link: construction-accidents]

Oil-field, refinery, and pipeline injuries are a defining part of personal injury practice across the Permian Basin in West Texas, the Eagle Ford Shale in South Texas, the Barnett Shale around Fort Worth, the Haynesville Shale in East Texas, the Houston Ship Channel and Texas City refining corridor, and the Beaumont-Port Arthur Golden Triangle. Common cases include drilling-rig falls, well-pad explosions, hydrogen sulfide (H2S) gas exposure, blowouts, pipeline ruptures, refinery incidents, tanker-truck transport injuries, and crane and rigging failures. The layered framework involves federal OSHA process safety management standards (29 CFR § 1910.119), federal pipeline safety regulations enforced by PHMSA, the Texas anti-indemnity statutes for oilfield contracts under Texas Civil Practice and Remedies Code Chapter 127, the Texas non-subscriber workers’ compensation framework, and third-party liability claims against operators distinct from the direct employer.

Dog bites can cause serious physical injuries and lasting emotional trauma. Texas follows a common-law “one-bite” rule from Marshall v. Ranne: the owner is generally liable only if they knew or should have known of the dog’s dangerous propensities, or if they were negligent in handling the dog. Some Texas cities have local “dangerous dog” ordinances that can supplement common-law liability. The Centers for Disease Control and Prevention estimates that 4.5 million people are bitten by dogs each year in the United States, with hundreds of thousands needing emergency care. [internal-link: dog-bites]

Product liability cases involve injuries caused by defective or dangerous products. Texas products liability is governed by Texas Civil Practice and Remedies Code Chapter 82, with design-defect, manufacturing-defect, and marketing-defect categories. That includes vehicle defects (which can sometimes be tracked through NHTSA’s recall database), defective consumer electronics and lithium-ion battery products, defective oil-field and pipeline equipment, defective industrial equipment, and dangerous consumer goods regulated by the U.S. Consumer Product Safety Commission. [internal-link: product-liability]

Wrongful death claims allow surviving family members to seek compensation when a loved one is killed because of another party’s negligence or misconduct. These claims are governed by the Texas Wrongful Death Act, Texas Civil Practice and Remedies Code §§ 71.002 et seq., with a separate Survival statute under § 71.021 covering damages the decedent could have recovered if they had survived. [internal-link: wrongful-death]

If your situation isn’t on this list, call us anyway. Personal injury law covers a lot of ground, and we’d rather hear about your case and tell you straight whether we can help.

Common Injuries in Personal Injury Cases

Accidents can cause anything from temporary pain to permanent disability. We represent clients who have suffered:

  • Traumatic brain injuries (TBI) and concussions
  • Spinal cord injuries and paralysis
  • Broken bones and fractures
  • Back, neck, and whiplash injuries
  • Herniated discs and soft tissue damage
  • Internal organ damage
  • Burns and scarring
  • Amputation and loss of limbs
  • Knee, shoulder, and joint injuries
  • Cuts, lacerations, and disfigurement
  • Toxic chemical and hydrogen sulfide exposure injuries (a particular concern in Texas oil and gas cases)
  • Post-traumatic stress disorder (PTSD) and other psychological injuries

Some injuries are obvious right away. Others, like concussions, internal bleeding, soft tissue damage, and chemical exposure injuries, can take days or even weeks to fully show up. That’s why getting medical attention as soon as possible after an accident matters. It protects your health, and it documents your injuries early. Texas has organized its trauma system into 22 Trauma Service Areas (TSAs), each managed by a Regional Advisory Council (RAC). The American College of Surgeons-verified Level I Trauma Centers are concentrated in Houston (Memorial Hermann-Texas Medical Center, Ben Taub General Hospital, Memorial Hermann-The Woodlands), Dallas (Parkland Memorial Hospital, the only public Level I in DFW), San Antonio (University Hospital), Austin (Dell Seton Medical Center at the University of Texas), Galveston (UTMB John Sealy), Lubbock (UMC Health System), El Paso (UMC of El Paso), and Fort Worth (JPS Health Network). Pediatric Level I Trauma Centers include Texas Children’s Hospital in Houston, Children’s Medical Center Dallas, and Driscoll Children’s Hospital in Corpus Christi.

Compensation Available in a Texas Personal Injury Case

Texas law lets injured victims recover both economic and non-economic damages. Depending on the case, exemplary (punitive) damages may also be available.

Economic Damages

These are the financial losses you can document with bills, pay stubs, and receipts:

  • Medical expenses: Past and future treatment, hospital stays, surgeries, medication, rehab, and home care. Texas has a “paid or incurred” rule under Texas Civil Practice and Remedies Code § 41.0105 that limits medical billing recoveries to amounts actually paid or remaining payable, rather than the full billed amount.
  • Lost wages: Income you couldn’t earn while recovering
  • Loss of earning capacity: Reduced ability to earn in the future because of permanent impairments
  • Property damage: Repair or replacement of your vehicle and other damaged belongings
  • Out-of-pocket expenses: Transportation to medical appointments, home modifications, and other accident-related costs

Non-Economic Damages

These are losses that don’t come with a receipt but are just as real:

  • Physical pain and mental anguish: Physical pain caused by your injuries and their treatment, plus emotional and psychological trauma
  • Disfigurement: Permanent scarring or physical changes to your appearance
  • Physical impairment: Loss of function and limitations on your physical abilities and daily activities
  • Loss of consortium: The impact your injuries have had on your relationship with your spouse

Exemplary (punitive) damages are available in Texas for cases involving fraud, malice, or gross negligence under Texas Civil Practice and Remedies Code § 41.003, with a unanimous jury required on liability and amount. Exemplary damages are capped under § 41.008 at the greater of $200,000 or two times the amount of economic damages plus an equal amount of non-economic damages up to $750,000. Several types of conduct (intoxication assault, certain felony-level offenses) trigger statutory exceptions to the cap.

Medical malpractice damages caps. Under Texas Civil Practice and Remedies Code Chapter 74, non-economic damages in medical malpractice cases are capped at $250,000 per defendant and $500,000 per claimant (with a separate $250,000 cap available against each of up to two healthcare institutions, for a total potential $750,000 cap on non-economic damages). Economic damages are not capped.

Texas Tort Claims Act caps. Damages against governmental units in Texas are capped under Chapter 101: $250,000 per person and $500,000 per occurrence for the State and most municipalities, with separate $100,000 caps for property damage. Other governmental units have their own statutory caps.

How Texas Negligence Law Works

Understanding the basics of Texas negligence law helps you understand your case. Here are the key ideas.

Proving Negligence

To win a personal injury case in Texas, you have to prove four things:

Duty of care. The defendant had a legal obligation to act reasonably to avoid causing harm. Drivers have to operate their vehicles safely. Property owners owe different duties depending on whether you were an invitee, licensee, or trespasser. Manufacturers have to produce safe products.

Breach of duty. The defendant didn’t live up to that duty. Running a red light, texting while driving (which is prohibited statewide under Texas Transportation Code § 545.4251), or ignoring a known hazard are all examples of a breach.

Causation. The breach actually caused your injuries. Texas requires both cause-in-fact and legal (proximate) causation.

Damages. You suffered real losses as a result. That can mean medical bills, lost income, physical pain and mental anguish, disfigurement, physical impairment, and other categories of harm.

Texas Modified Comparative Fault (51% Bar)

Texas is a modified comparative fault state under Texas Civil Practice and Remedies Code § 33.001. You can recover compensation only if you are 50% or less at fault. If you are 51% or more at fault, you recover nothing. Insurance companies and corporate defendants often work hard to push fault past the 51% threshold to defeat a claim entirely. Our attorneys fight to keep your share of fault below the 51% line and as low as the evidence supports.

The Personal Injury Claims Process

Every case is a little different, but most Texas personal injury claims follow a similar path.

Investigation and evidence gathering. We dig into how the accident happened. That includes police reports (Texas Peace Officer Crash Reports / CR-3 forms can be requested through the responding agency, the Texas DPS Crash Records database, or the TxDOT CRIS Query tool), medical records, witness statements, photographs, and any other evidence that supports your claim. Crashes on the freeways are typically worked by the Texas DPS Highway Patrol rather than local police.

Medical treatment documentation. We work to make sure your injuries are fully documented by medical professionals. Solid documentation is what proves the value of your damages later.

Demand and negotiation. Once we know the full extent of your damages, we send a demand to the insurance company and negotiate for fair compensation.

Filing a lawsuit. If the insurer won’t make a fair offer, we file suit. Most cases are filed in the appropriate Texas District Court, generally the county where the wreck happened or where the at-fault defendant lives. Some cases are filed in the appropriate U.S. District Court (Northern, Southern, Eastern, or Western District of Texas), particularly cases involving federal defendants or diverse-citizenship parties.

Discovery. Both sides exchange information, take depositions, and gather more evidence under the Texas Rules of Civil Procedure (in state court) or the Federal Rules of Civil Procedure (in federal court). Texas has a discovery-control plan system under Texas Rule of Civil Procedure 190 with three levels (Level 1, Level 2, Level 3) that determine the scope of allowed discovery.

Mediation, arbitration, or settlement. A lot of cases settle during litigation, often through mediation. Many Texas trial courts use court-ordered mediation, particularly in Harris, Dallas, Bexar, Travis, and Tarrant Counties.

Trial. If the case doesn’t settle, we present it to a jury and ask for the verdict your case deserves.

Through all of this, we keep you in the loop. You’ll always know what’s happening and what your options are.

Dealing with Insurance Companies

After an accident, you’ll probably hear from an insurance adjuster who sounds friendly and concerned. Don’t read too much into the tone. The adjuster’s job is to keep their company from paying any more than it has to. The Texas Department of Insurance publishes consumer guides and complaint procedures if you ever feel an insurer is treating you unfairly.

Common insurance company tactics include:

  • Asking for a recorded statement they can later use against you
  • Requesting broad medical authorizations so they can dig for pre-existing conditions
  • Pushing a quick settlement before you know the full extent of your injuries
  • Disputing how serious your injuries are or claiming they aren’t related to the accident
  • Dragging things out, hoping you’ll accept less out of financial pressure
  • Trying to push more fault onto you to push past Texas’ 51% bar and defeat your claim entirely

Before you talk to any insurance company, talk to an attorney first. Once we’re involved, we handle communications with insurers for you. Trucking companies, oil-and-gas operators, refining and petrochemical operators, agricultural employers, rideshare carriers, transit agencies, hotel chains, and other large defendants all have dedicated claims handlers and rapid-response teams that show up at the scene of major incidents to start collecting statements and lining up favorable witnesses. The same advice applies.

Statute of Limitations: Comprehensive Texas Framework

Texas sets strict deadlines for filing personal injury claims. Several different deadlines apply depending on the type of case and the type of defendant.

General rule. Under Texas Civil Practice and Remedies Code § 16.003, you generally have two years from the date of injury to file a personal injury lawsuit in Texas.

Wrongful death claims. Two years from the date of death under § 16.003(b). The Survival statute under Texas Civil Practice and Remedies Code § 71.021 covers damages the decedent could have recovered if they had survived.

Claims against governmental units (Texas Tort Claims Act). Claims against the State of Texas, Texas counties, Texas cities, Texas school districts, regional transit agencies, and most other governmental units are governed by the Texas Tort Claims Act, Texas Civil Practice and Remedies Code Chapter 101. The TTCA waiver of immunity is narrow (limited to motor vehicle accidents involving public employees, premises defects, and use of tangible personal property), and the TTCA also imposes notice deadlines that vary by entity. The State requires written notice within 6 months. Many cities have shorter local-charter notice periods, often 90 days for the largest Texas cities (Houston, San Antonio, Austin, Dallas, Fort Worth, El Paso) and as short as 30 or 45 days in some smaller jurisdictions. Damages are capped at $250,000 per person and $500,000 per occurrence for the State and most municipalities.

Claims involving federal property or federal defendants. Claims arising from incidents on federal property in Texas (Big Bend National Park, Padre Island National Seashore, the Big Thicket National Preserve, the various Army Corps of Engineers reservoirs, Joint Base San Antonio, Fort Cavazos, Goodfellow Air Force Base, Sheppard Air Force Base, Dyess Air Force Base, Laughlin Air Force Base, NASA Johnson Space Center, federal courthouses and federal office buildings) can implicate the Federal Tort Claims Act, which has its own administrative claim process and a separate two-year claim filing deadline. Active-duty service member injuries are subject to additional restrictions under the Feres doctrine. These cases require careful jurisdictional analysis.

Medical malpractice claims. Two years under Texas Civil Practice and Remedies Code § 74.251, with a 60-day pre-suit notice requirement and the qualifying expert report requirement under § 74.351 (due within 120 days of the original answer).

Claims involving minors. Texas tolls many statutes of limitations for minors until age 18, with the claim accruing when the minor turns 18 (under Texas Civil Practice and Remedies Code § 16.001). The TTCA notice deadlines and the medical malpractice procedural rules can still apply.

Don’t sit on your case waiting to see if your injuries get better. Even if you’re not ready to file a lawsuit, talking to a lawyer early makes sure you understand which deadline applies to your case.

Steps to Take After an Accident in Texas

If you’ve been hurt in any kind of accident, the steps you take afterward can protect both your health and your legal rights.

  1. Get medical attention right away. Call 911 if anyone is seriously hurt. EMS protocols decide which hospital you go to based on your injuries, the trauma level required, and your location. Texas has organized its trauma system into 22 Trauma Service Areas, each managed by a Regional Advisory Council. Level I Trauma Centers are concentrated in Houston, Dallas, San Antonio, Austin, Galveston, Fort Worth, Lubbock, and El Paso, with regional Level II Trauma Centers serving most of the rest of the state.
  2. Report the accident. If the crash happened inside city limits, the local municipal police department typically responds. If the crash happened in unincorporated county territory, the county sheriff’s department typically responds. Crashes on Texas freeways and state highways are typically worked by the Texas Department of Public Safety Highway Patrol, which has primary law enforcement jurisdiction on TxDOT-maintained roads.
  3. Document everything. Take photos of the accident scene, your injuries, property damage, road conditions, and traffic signs. Note the time of day, the weather, and the direction you were traveling. Texas weather (Gulf Coast hurricanes and tropical storms, North Texas thunderstorms and tornadoes, Hill Country flash flooding, Panhandle ice and dust storms, and the rare West Texas snowstorm) can become a key factor in liability.
  4. Get witness information. Collect names, phone numbers, and email addresses from anyone who saw what happened.
  5. Request your crash report. Texas Peace Officer Crash Reports (CR-3 form) are typically available within 7 to 10 business days. Reports can be obtained through the responding agency or through the TxDOT Crash Records Information System (CRIS) Query tool. If we represent you, we’ll handle getting the report as part of our investigation.
  6. Keep records. Save all medical bills, prescription receipts, mileage logs to and from appointments, and pay stubs that show the work you missed.
  7. For trucking and commercial cases, act fast. These defendants typically have rapid-response teams that arrive at the scene within hours. Evidence like driver logs, ECM (engine control module) data, surveillance footage, and maintenance records can be lost or overwritten in days. A spoliation letter from your lawyer puts the company on notice to preserve that evidence.
  8. For oil-field, refinery, and pipeline cases, get specialized advice immediately. Texas oil-and-gas injury cases involve a layered framework: Texas non-subscriber workers’ compensation, federal OSHA petroleum safety standards, federal OSHA process safety management (29 CFR § 1910.119), federal pipeline safety regulations enforced by PHMSA, the Texas anti-indemnity statute for oilfield contracts under Chapter 127, and third-party claims against operators, contractors, equipment manufacturers, and trucking companies. Inspection reports and operator incident reports have specific preservation requirements.
  9. For workplace injuries, ask whether your employer is a “subscriber” or “non-subscriber.” Texas is the only state where employers can opt out of the workers’ compensation system. Non-subscriber employers can be sued directly in district court for workplace injuries caused by negligence, without the workers’ comp exclusivity bar. The defenses of contributory negligence, assumption of risk, and fellow-servant negligence are stripped from non-subscribers under Texas Labor Code § 406.033.
  10. For governmental cases, calendar the deadlines immediately. Notice deadlines under the Texas Tort Claims Act can be as short as 30 to 90 days for many Texas cities, far shorter than the standard two-year statute of limitations. The State of Texas requires 6 months. Missing the notice deadline can defeat an otherwise strong case before it ever starts. Confirm the applicable notice deadline for the specific governmental defendant.
  11. For incidents on federal property, get specialized advice immediately. Incidents at Big Bend, Padre Island, Joint Base San Antonio, Fort Cavazos, NASA Johnson Space Center, or other federal property in Texas can implicate the Federal Tort Claims Act, which has its own administrative claim process and a separate two-year deadline.
  12. Don’t give a recorded statement. If the other driver’s insurance company asks for one, politely say no until you’ve spoken with an attorney.
  13. Don’t sign anything. Insurance companies sometimes hand over releases or settlements that look routine but quietly waive your rights. Have a lawyer look at it first.
  14. Call a personal injury attorney. The sooner you have legal representation, the better protected your case is, especially if a public entity, oil-and-gas operator, non-subscriber employer, federal property, or large corporate defendant may be involved.

Texas Locations We Serve

DJC Law handles personal injury cases for clients across Texas, including the following cities and surrounding regions:

  • Houston. Harris County and Greater Houston.
  • Austin. Travis County, Williamson County, and the Greater Austin region, including the Texas Capitol corridor.
  • Dallas. Dallas County and the eastern Dallas-Fort Worth Metroplex.
  • Fort Worth. Tarrant County and the western half of the DFW Metroplex.
  • San Antonio. Bexar County and Greater San Antonio.
  • El Paso. El Paso County and the Trans-Pecos border region.

If your case is in another part of Texas, call us anyway. We handle cases statewide and work with local counsel where it makes sense.

Frequently Asked Questions About Texas Personal Injury Cases

How much does it cost to hire a personal injury lawyer in Texas?

Nothing upfront. We work on contingency, which means we only get paid if we recover compensation for you. Our fee comes as a percentage of your settlement or verdict. If we don’t win, you don’t pay. The consultation is free.

How long do I have to file a personal injury lawsuit in Texas?

Generally two years from the date of injury under Texas Civil Practice and Remedies Code § 16.003. But several exceptions matter. Claims against the State of Texas require 6-month written notice under the Texas Tort Claims Act, and many Texas cities have notice deadlines as short as 30, 60, or 90 days. Medical malpractice claims have a 60-day pre-suit notice requirement and a 120-day expert report requirement under Chapter 74. Claims involving incidents on federal property may have a separate two-year administrative claim process under the Federal Tort Claims Act. Don’t assume your deadline based on the general rule. Have an attorney confirm it.

What is Texas’ modified comparative fault rule?

Texas follows a modified comparative fault rule under Texas Civil Practice and Remedies Code § 33.001. You can recover compensation only if you are 50% or less at fault. If you are 51% or more at fault, you recover nothing. If you are exactly 50% at fault, you still recover (with damages reduced by 50%). The question of fault percentage is one of the most important strategic battlegrounds in Texas personal injury cases. Insurance companies and corporate defendants often work hard to push fault past the 51% threshold to defeat a claim entirely, and we work to keep your share of fault as low as the evidence supports.

Is Texas a no-fault state for car accidents?

No. Texas is an at-fault (or “tort”) state. The driver who caused the wreck, and that driver’s insurance company, is responsible for the damages. That’s different from no-fault states, where each driver typically files with their own insurer regardless of who caused the wreck. In Texas, fault investigation and the police or DPS crash report often shape the outcome of your case.

What is the minimum auto insurance required in Texas?

Texas requires minimum auto liability coverage of 30/60/25: $30,000 per injured person, $60,000 per accident, and $25,000 for property damage. Texas drivers can reject uninsured motorist (UM) and underinsured motorist (UIM) coverage in writing under Texas Insurance Code § 1952.101, but we strongly recommend keeping UM/UIM coverage at higher limits because the state minimums often aren’t enough to cover serious injuries from a freeway wreck.

What is the difference between a “subscriber” and “non-subscriber” employer in Texas?

Texas is the only state in the United States where private employers can opt out of the workers’ compensation system. Employers who participate in workers’ comp are called “subscribers.” Employers who opt out are called “non-subscribers.” Workers injured on the job by a subscriber’s negligence are generally limited to the workers’ comp system (with no right to sue the employer directly in court, except in narrow circumstances like gross negligence in a fatality case). Workers injured on the job by a non-subscriber’s negligence can sue the employer directly in district court, without the workers’ comp exclusivity bar, and the non-subscriber loses several traditional defenses (contributory negligence, assumption of risk, and fellow-servant negligence) under Texas Labor Code § 406.033. Non-subscriber injury cases can produce significantly larger recoveries than parallel subscriber cases. Always ask whether your employer is a subscriber or non-subscriber.

Does Texas have a dram shop law?

Yes, but with meaningful limits. Under Texas Alcoholic Beverage Code § 2.02, an alcohol provider may be liable to a person injured by an intoxicated patron only if the provider sold or served alcohol to a person who was obviously intoxicated to the extent that the person presented a clear danger to themselves and others, and the intoxication proximately caused the damages. The “obvious intoxication” standard often turns the case on the available evidence (server training records, surveillance footage, receipts and pour records, witness testimony). Texas also has a “Trained Server” defense under § 106.14 that gives certain establishments a safe harbor against dram shop claims. Texas does not generally recognize social-host liability for adult guests (limited exceptions exist for serving minors).

Are there caps on damages in Texas medical malpractice cases?

Yes. Under Texas Civil Practice and Remedies Code Chapter 74, non-economic damages in medical malpractice cases are capped at $250,000 per defendant and $500,000 per claimant, with a separate $250,000 cap available against each of up to two healthcare institutions, for a total potential $750,000 cap on non-economic damages. Economic damages (medical bills, lost wages, lost earning capacity) are not capped. Plaintiffs also have to give the defendant 60 days’ written notice before filing suit and serve a qualifying expert report on each defendant within 120 days of the original answer under § 74.351, or face dismissal with prejudice plus mandatory attorney’s fees.

Does Texas cap punitive damages?

Yes. Texas calls them exemplary damages and caps them under Texas Civil Practice and Remedies Code § 41.008 at the greater of $200,000 or two times economic damages plus an equal amount of non-economic damages up to $750,000. Several types of conduct (including intoxication assault and certain felony-level offenses) trigger statutory exceptions to the cap. Exemplary damages also require a unanimous jury verdict on liability and amount.

My crash happened in one Texas county but the at-fault driver lives in another. Where do I file?

Generally either the county where the wreck happened or the county where the at-fault defendant resides is a proper venue under Texas Civil Practice and Remedies Code Chapter 15. For corporate defendants, the county where the corporation has its principal office, where the cause of action accrued, or where a substantial part of the events occurred is also generally proper. Cases against the State of Texas are governed by separate venue rules under the Texas Tort Claims Act. We talk through venue strategy early in the case.

Should I file in state court or federal court?

Most Texas personal injury cases are filed in Texas District Court under Texas state law. Some cases qualify for federal court, including cases involving federal defendants (Federal Tort Claims Act cases against the United States), cases involving federal property (incidents at Big Bend, Padre Island, Joint Base San Antonio, Fort Cavazos, NASA Johnson Space Center, or other federal property), and diversity-jurisdiction cases (where the plaintiff and the at-fault defendant are citizens of different states and the amount in controversy exceeds $75,000). Each option has strategic implications. We talk through the choice early in the case.

How long will my case take?

It depends. Some cases settle within months. Others take a year or more, especially if litigation is needed. Cases with disputed liability, severe injuries, governmental defendants, oil-and-gas operator defendants, non-subscriber employer defendants, federal property issues, or commercial parties generally take longer. Texas District Court civil dockets vary considerably from county to county, with the largest urban courts (Harris, Dallas, Bexar, Travis, Tarrant) generally having the heaviest backlogs. We work to resolve your case as quickly as we reasonably can without rushing it past a fair result.

Should I accept the insurance company’s settlement offer?

Not without talking to an attorney first. Initial offers are almost always far below what your case is worth. Once you sign a release, you can’t reopen the claim, even if your injuries turn out to be more serious than you thought. Have a lawyer review any offer before you sign anything.

How much is my case worth?

Every case is different. Value depends on the severity of your injuries, your past and future medical expenses, lost income, physical pain and mental anguish, disfigurement, physical impairment, the strength of the evidence, and the available insurance coverage. We can give you a more accurate range after we review the specifics of your case in a free consultation.

Are personal injury settlements taxable in Texas?

According to IRS Publication 4345, the part of a personal injury settlement that compensates you for physical injuries or physical sickness is generally not taxable. Portions allocated to lost wages, interest, or punitive damages can be taxable. Texas does not have a state income tax, so most injury settlement proceeds avoid state-level income taxation entirely. Always confirm tax treatment with a CPA.

What if the other driver doesn’t have insurance?

You may still have options. Your own uninsured/underinsured motorist (UM/UIM) coverage may apply, if you carried it. Texas drivers can reject UM/UIM coverage in writing under Texas Insurance Code § 1952.101, so it is worth confirming that your policy includes it. Other parties, like an employer if the at-fault driver was on the job, may also share liability. We look at every angle for compensation.

Helpful Texas Resources

If you’ve been hurt in an accident in Texas, these public resources may be useful:

Contact Our Texas Personal Injury Attorneys Today

If you’ve been hurt because of someone else’s negligence, you don’t have to take on the insurance companies on your own. The Texas personal injury lawyers at DJC Law have the experience and the resources to go to bat for you.

Reach out for a free consultation. We’ll listen to your story, walk you through your options, and help you figure out what to do next. There’s no obligation, and you don’t pay us anything unless we win. Hablamos español.

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