Texas Injury Lawyer

How Texas Personal Injury Law Works

Texas personal injury law gives you two years to file suit under CPRC Section 16.003(a) and bars your recovery entirely if you are found 51% or more at fault under CPRC Chapter 33. Texas is a common law state. Its personal injury framework is built on statutes in the Texas Civil Practice and Remedies Code (CPRC). Those statutes set hard deadlines and hard limits on what you can recover.

The first deadline you need to know is the Statute of Limitations under CPRC Section 16.003(a): two years from the date of injury. Wrongful death cases follow the same rule but run from the date of death. Medical malpractice adds complexity with a 10-year repose period for minors under 12.

Texas uses a Proportionate Responsibility system under CPRC Chapter 33. The 51% bar is the key number. At exactly 50% fault, you recover but your award is cut in half. At 51% or more, you recover nothing.

Ask any Texas attorney you consider how they respond to proportionate responsibility disputes with insurance adjusters. Adjusters assign fault percentages as a standard defense tactic. An attorney without a specific strategy for disputing those percentages is working at a disadvantage. Morris & Dewett documents fault at the scene, works with accident reconstructionists where the facts are contested, and challenges inflated fault assignments before they become the baseline for negotiations.

Texas does not allow direct action against an insurer. You file suit against the person or company that caused your injury, not against their insurance company. After a judgment or settlement, the insurer pays.

What Texas Auto Insurance Minimums Mean for Your Case

Texas minimum auto liability coverage is 30/60/25 under Tex. Transp. Code Section 601.072: $30,000 per injured person, $60,000 per accident, $25,000 for property damage. These numbers were set in 2011. A serious injury routinely produces medical bills that exhaust minimum coverage in the first few days of treatment.

When the at-fault driver's policy is exhausted, your own UM/UIM coverage becomes critical. Under Tex. Ins. Code Chapter 1952, Texas insurers must offer UM/UIM with every auto policy. The insured can reject it in writing. If you did not sign a rejection, you likely have coverage.

The Stowers Doctrine also applies in Texas. If the insurer refuses a within-limits demand and the jury later awards more than the policy, the insurer can be liable for the full excess judgment. This doctrine creates meaningful leverage in demand negotiations.

When you talk to a Texas personal injury attorney, ask whether they have sent Stowers demands in prior cases and what the outcome was. An attorney who has never used the Stowers framework is leaving a significant tool unused. Morris & Dewett evaluates Stowers demand timing on every auto case where the damages are likely to exceed policy limits. We serve offices in Longview and Tyler for East Texas clients.

Texas Workers' Compensation: The Opt-Out Distinction

Texas is the only state in the country where private employers can opt out of workers' compensation entirely under Tex. Labor Code Section 406.002. This creates two categories of employers with very different legal consequences for injured workers.

Subscribers carry workers' compensation coverage. If you are injured working for a subscriber, your claim goes through the workers' comp system. That system limits your recovery to medical benefits and income replacement. You generally cannot sue a subscriber employer in court for negligence.

Non-subscriber employers opt out. When a non-subscriber's negligence injures you, you can file a civil lawsuit. The employer loses three defenses: contributory negligence, assumption of risk, and the fellow servant doctrine. These are the same defenses that reduce or eliminate recovery in most civil cases. Non-subscriber cases are highly favorable to injured plaintiffs.

The first question in any workplace injury in Texas is whether your employer was a subscriber or non-subscriber. Many workers do not know. Your attorney can determine this through the Texas Department of Insurance database. If your employer is a non-subscriber and their negligence caused your injury, the legal path is through civil court, not the workers' comp system. Morris & Dewett handles both subscriber appeals and non-subscriber civil cases from our Fort Worth office.

When evaluating an attorney for a workplace injury case, ask whether they have handled non-subscriber employer cases specifically. Workers' comp appeals and non-subscriber civil suits are different legal processes. An attorney experienced only in one may not be the right fit for the other.

Types of Texas Personal Injury Cases

Texas personal injury cases span motor vehicle accidents, premises liability, workplace injuries, wrongful death, medical malpractice, product liability, dram shop, and dog bites. Morris & Dewett handles all of these across Texas. The case types that arise most frequently in East and North Texas include:

Motor vehicle accidents are the highest volume claim type. Texas ranks among the states with the highest annual traffic fatalities. Car accidents, truck accidents, and motorcycle accidents each carry different legal frameworks, evidence requirements, and liable parties.

Premises liability claims in Texas use a three-tier visitor classification. Invitees (customers, business visitors) are owed ordinary care including a duty to inspect. Licensees (social guests) are owed a warning of known dangers but no inspection duty. Trespassers are owed only the duty not to injure them intentionally. CPRC Chapter 75 limits liability for recreational land use and CPRC Section 95.003 limits liability for independent contractor employees doing repairs.

Wrongful death claims under CPRC Chapter 71 are limited to surviving spouse, children (including adopted), and parents (natural or adoptive). Siblings, grandchildren, divorced spouses, and stepparents without adoption cannot bring wrongful death claims in Texas.

Medical malpractice carries special requirements. Under CPRC Section 74.351, the plaintiff must serve an expert report within 120 days of filing suit. Failure is mandatory dismissal with prejudice. Noneconomic damages are capped at $250,000 per individual provider and $500,000 maximum across all institutions.

Product liability claims carry a 2-year limitations period and a 15-year repose period under CPRC Section 16.012.

Dram shop liability under Tex. Alc. Bev. Code Section 2.02 creates liability for businesses that serve an obviously intoxicated person who then causes injury.

Dog bites in Texas follow the "one bite" rule. There is no strict liability statute. The owner is liable if they knew or should have known the dog had dangerous propensities based on prior behavior. Courts look at evidence of previous aggressive conduct or bites.

When you consult with any attorney about your case type, ask whether they have handled cases of that specific kind in Texas courts. A lawyer with strong auto accident experience may have little exposure to premises liability or product liability claims. The evidence, experts, and legal theories are different. Morris & Dewett serves clients in East and North Texas from offices in Longview, Tyler, Fort Worth, and Marshall.

What Damages Does Texas Law Allow After a Personal Injury?

Texas personal injury damages fall into three categories.

Economic damages cover quantifiable financial losses: medical expenses, lost wages, lost earning capacity, and property damage. The Haygood rule under CPRC Section 41.0105 limits medical expense recovery to amounts actually paid or accepted, not the full amount billed. After insurance negotiates a discount, the billed amount is no longer the recoverable amount. Haygood v. De Escabedo, 356 S.W.3d 390 (Tex. 2012). This is a meaningful reduction from what injured plaintiffs see on their hospital statements.

Non-economic damages cover pain and suffering, mental anguish, disfigurement, and loss of consortium. Texas does not cap non-economic damages in most personal injury cases. Medical malpractice is the significant exception.

Exemplary Damages require clear and convincing evidence of fraud, malice, or gross negligence under CPRC Section 41.008. The cap is the greater of two times economic damages plus noneconomic damages up to $750,000, or $200,000. No cap applies to cases involving certain felonies (murder, aggravated assault, sexual assault).

When evaluating an attorney, ask how they calculate and document Loss of Earning Capacity. Future lost income requires vocational experts and economists to project the financial impact. An attorney who presents only past lost wages is leaving recoverable damages on the table.

Do You Have a Texas Personal Injury Case?

A valid personal injury claim requires four elements of negligence. The defendant owed you a duty of care. They breached that duty. The breach caused your injury, and you suffered actual damages. All four must be present. An accident with no injury produces no recoverable claim. An injury with no connection to someone else's breach produces no claim either.

Signs that typically indicate a viable claim: another party's conduct caused the accident, you received medical treatment, and the injury affected your work or daily activities. These are starting points. The actual evaluation requires reviewing the facts, the evidence, and the applicable law.

One thing Texas law does not require insurance companies to do: disclose their policy limits to injury claimants. You may not know how much coverage the at-fault driver carries until litigation is underway. An experienced attorney knows how to discover coverage limits early and structure demands accordingly.

The insurance company's first settlement offer is not the fair value of your claim. Adjusters are trained to resolve claims quickly and below their reserve estimates. The initial offer is a starting point, not a final number. Whether accepting or countering that offer makes sense depends on factors the adjuster is not going to explain to you.

Not every situation requires a lawyer. If you were in a minor accident with no injuries and the insurance company is covering the vehicle damage with no dispute, a personal injury attorney adds limited value. If you have medical treatment, missed work, or ongoing symptoms, the calculus changes. Morris & Dewett offers consultations at no charge. If legal representation does not make financial sense for your situation, we will tell you.

Texas personal injury attorneys work on a Contingency Fee basis. You pay nothing unless you recover. There is no upfront cost. If you do not recover, you do not owe attorney fees. Ask any attorney you consider what their contingency percentage is and how costs are handled if the case settles versus goes to trial.

How Morris & Dewett Handles Texas Cases

Morris & Dewett has handled personal injury cases in Texas for over 25 years. Texas offices are in Longview, Tyler, Fort Worth, and Marshall. Cases are managed by attorneys directly, not paralegals. When you call with a question, an attorney answers it.

The firm is a member of the Multi-Million Dollar Advocates Forum and holds an AV Preeminent rating from Martindale-Hubbell. More than 50% of new cases arrive through referrals from other attorneys. Attorney referrals are a meaningful data point. Other attorneys who have seen how a firm works are the most credible evaluators available.

Ask any attorney you consider about their trial preparation process. The firm's actual data: of 100 cases taken in 2022, five went to trial. The other 95 settled. That ratio is typical. But the reason those 95 settled favorably is that the firm prepared every one of them as if it would be the five. Insurance companies negotiate differently when they know you will try the case.

The firm coordinates with medical specialists, accident reconstructionists, vocational experts, and economists depending on what the case requires. Expert involvement is not a luxury reserved for the largest cases. It is standard case preparation.

You can review client testimonials and the firm's approach to trial preparation. Read what existing clients say. Compare. Make the decision that is right for your situation.

Frequently Asked Questions

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

Two years from the date of injury under [CPRC Section 16.003(a)](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm). Wrongful death claims run two years from the date of death. Medical malpractice has a 2-year limitations period with a 10-year repose for children under 12. Missing the deadline means the court dismisses your case regardless of how strong the underlying claim is.

What happens if I was partially at fault for my accident in Texas?

Texas uses proportionate responsibility under [CPRC Chapter 33](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.33.htm). If your percentage of fault is 50% or below, you recover damages reduced by your percentage. At exactly 50% on a $100,000 case, you recover $50,000. At 51% or above, you recover nothing. Insurance adjusters routinely argue inflated fault percentages as a defense tactic. The specific percentage assigned to you is negotiable before trial.

Can I sue the insurance company directly in Texas?

No. Texas does not allow direct action against an insurer. You file suit against the person or entity that caused your injury. After a judgment or settlement is reached, the insurer pays within the policy limits. The Stowers doctrine can hold the insurer liable for an excess judgment if they improperly refuse a reasonable settlement demand within the policy limits.

Does Texas require workers' compensation insurance?

Private employers in Texas can opt out under [Tex. Labor Code Section 406.002](https://statutes.capitol.texas.gov/Docs/LA/htm/LA.406.htm). Texas is the only state where this is permitted. Employers who carry coverage (subscribers) have exclusive remedy protection. Employers who opt out (non-subscribers) lose three tort defenses and can be sued in civil court for negligence. Whether your employer is a subscriber or non-subscriber determines what legal options you have after a workplace injury.

What is the Stowers doctrine and how does it affect my claim?

The Stowers doctrine requires an insurer to accept a reasonable settlement demand within the policy limits when the liability is clear and the demand is within the policy amount. If the insurer refuses and a jury later awards more than the policy, the insurer can be liable for the entire judgment including the amount above the policy limit. This doctrine creates significant leverage when making pre-litigation demands in cases where damages exceed the at-fault party's coverage.

What types of damages can I recover under Texas law?

Texas allows three categories of damages. Economic damages cover medical expenses (at amounts actually paid or incurred under the Haygood rule), lost wages, and lost earning capacity. Non-economic damages cover pain and suffering, mental anguish, disfigurement, and loss of consortium. Exemplary damages are available for fraud, malice, or gross negligence under [CPRC Section 41.008](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.41.htm), with a statutory cap. Medical malpractice caps noneconomic damages at $250,000 per provider. Most other personal injury cases have no cap on non-economic damages.

How do I know if I have a personal injury case in Texas?

A viable claim requires four elements: someone owed you a duty of care, they breached it, that breach caused your injury, and you suffered quantifiable damages. In practical terms: another party's conduct caused the accident, you received medical treatment, and the injury affected your work or daily life. The only way to know for certain is to have an attorney evaluate the specific facts. Morris & Dewett offers no-charge consultations.

Do I need a lawyer if the insurance company already offered me a settlement?

Not necessarily, but evaluate the offer carefully before accepting. Once you sign a release, the claim is final. Insurance adjusters are trained to offer amounts below the claim's fair value. If you have ongoing medical treatment, permanent injury, or missed significant work time, the first offer likely does not account for the full picture. A personal injury attorney can assess whether the offer reflects the actual value of your claim at no charge before you make a decision.

These answers reflect Louisiana law as of January 2026. For case specific advice, consult with a Louisiana personal injury attorney who can evaluate your particular circumstances.