Personal Injury Lawyer in Texas
Last Updated: February 2026
Key Takeaways
Texas has a two-year statute of limitations for personal injury claims (Texas Civil Practice and Remedies Code § 16.003). The state uses a modified comparative fault system with a 51 percent bar under its proportionate responsibility statute (§ 33.001). Texas does not cap compensatory damages in standard personal injury cases, though medical malpractice non-economic damages are limited to $250,000 per claimant against physicians.
Texas is vast in every sense of the word. Covering more than 268,000 square miles with a population exceeding 30 million people, the Lone Star State is home to some of the largest cities in America, one of the world’s busiest highway systems, a massive oil and gas industry, sprawling agricultural operations, and a booming construction sector that shows no signs of slowing. With major metropolitan areas like Houston, Dallas-Fort Worth, San Antonio, and Austin connected by thousands of miles of interstate highways including I-10, I-35, I-20, and I-45, Texas sees more motor vehicle fatalities annually than any other state in the nation, according to the Texas Department of Transportation. Add to that the inherent dangers of the energy industry, the risks of a rapidly expanding urban landscape, and the extreme weather events that routinely strike the state, and it becomes clear that Texans face an extraordinary range of personal injury risks every day.
At Maxx Compensation, attorney Charles C. Teale and our legal team have the experience, resources, and determination to take on even the most complex personal injury cases in Texas. We understand the state’s unique legal landscape, from its modified comparative fault rules to its proportionate responsibility statute, and we use that knowledge to build compelling cases that maximize our clients’ compensation. Whether you have been injured in a car accident on a congested Houston freeway, a motorcycle crash on a Hill Country road, a slip and fall at a commercial property, or a catastrophic oilfield explosion, we have the expertise to handle your claim from start to finish.
Texas injury claims require prompt action and experienced legal counsel. Call 877-462-9952 today for a free case evaluation and take the first step toward recovering the compensation you deserve.
What Are Texas’s Personal Injury Laws?
Texas follows a modified comparative fault system governed by the proportionate responsibility statute, codified in Texas Civil Practice and Remedies Code § 33.001. Under this system, a plaintiff’s recovery is reduced by their percentage of responsibility. Critically, Texas applies a 51 percent bar, meaning that if a plaintiff is found to bear 51 percent or more of the responsibility for the incident, they are completely barred from recovering any damages. If the plaintiff’s share of responsibility is 50 percent or less, their damages are reduced proportionally. For instance, if a jury awards $500,000 but finds the plaintiff 25 percent responsible, the plaintiff would recover $375,000.
The statute of limitations for personal injury claims in Texas is two years from the date of the injury, as provided by Texas Civil Practice and Remedies Code § 16.003. This two-year deadline applies to most personal injury actions, including car accidents, premises liability claims, and product liability cases. Wrongful death claims also have a two-year statute of limitations under § 16.003(b), running from the date of the decedent’s death. Medical malpractice claims are subject to a two-year statute of limitations with a ten-year statute of repose. These deadlines are strictly enforced by Texas courts, and failing to file within the applicable period results in permanent dismissal of your claim.
Texas does not impose a general cap on compensatory damages in most personal injury cases. Both economic and non-economic damages are uncapped in standard negligence claims, allowing injured plaintiffs to recover the full value of their losses. However, Texas does cap non-economic damages in medical malpractice cases under § 74.301 of the Civil Practice and Remedies Code, limiting non-economic damages to $250,000 per claimant against physicians and healthcare providers, with an additional $250,000 per healthcare institution (capped at two institutions for a total potential non-economic recovery of $750,000).
Punitive damages in Texas are governed by § 41.008, which caps exemplary damages at the greater of two times the amount of economic damages plus an amount equal to any non-economic damages up to $750,000, or $200,000. Punitive damages require clear and convincing evidence of fraud, malice, or gross negligence. Texas also applies a proportionate responsibility framework in multi-defendant cases, where each defendant is generally responsible only for the percentage of damages corresponding to their share of fault, unless a defendant is found more than 50 percent responsible, in which case joint and several liability may apply to economic damages.
What Are the Most Common Personal Injury Cases in Texas?
Oil and Gas Industry Accidents: Texas is the nation’s leading oil and gas producer, with the Permian Basin, Eagle Ford Shale, and Haynesville Shale employing hundreds of thousands of workers in high-risk environments. Oilfield accidents include well blowouts, drilling rig collapses, pipeline explosions, toxic chemical exposure, transportation incidents involving heavy oilfield equipment on rural roads, and refinery explosions. The 2005 Texas City BP refinery explosion, which killed 15 workers and injured over 170, illustrates the catastrophic potential of these incidents. Our attorneys have experience navigating the complex liability relationships between operators, subcontractors, equipment manufacturers, and landowners in oilfield injury cases.
Highway Accidents: Texas has more miles of public roadway than any other state, and its highways are among the deadliest in the country. Interstate 35 running from Laredo to the Oklahoma border, Interstate 10 spanning from El Paso to Beaumont, and Interstate 45 connecting Dallas to Houston are notorious for severe multi-vehicle collisions, particularly involving commercial trucks. Houston’s I-610 loop and the I-35/I-35E/I-35W interchange complex in the Dallas-Fort Worth area experience extreme congestion that contributes to frequent rear-end collisions, sideswipe accidents, and chain-reaction crashes. Our car accident lawyers handle claims across the entire Texas highway system.
Commercial Trucking Accidents: Texas’s position as a massive transportation and logistics hub means that 18-wheelers and commercial vehicles are omnipresent on the state’s highways. Trucking accidents involving fatigued drivers, overloaded trailers, improperly maintained vehicles, and Federal Motor Carrier Safety Administration violations cause devastating injuries and fatalities. Texas also sees a high volume of cross-border commercial traffic from Mexico, adding additional layers of complexity to trucking accident claims.
Construction Accidents: Texas leads the nation in construction activity, with explosive growth in cities like Austin, Dallas, Houston, and San Antonio driving a constant demand for commercial and residential development. Construction workers face daily hazards including falls from heights, scaffolding collapses, trench cave-ins, electrocutions, struck-by incidents involving heavy equipment, and exposure to toxic materials. When these injuries result from contractor negligence, safety violations, or defective equipment, injured workers may have claims beyond workers’ compensation.
Premises Liability: Texas premises liability law imposes duties on property owners based on the status of the injured party as an invitee, licensee, or trespasser. Commercial property owners owe the highest duty of care to invitees, including customers at retail stores, restaurants, hotels, and entertainment venues. Failures to maintain safe conditions, address known hazards, or provide adequate security give rise to slip and fall claims and other premises liability actions.
Wrongful Death: When negligence causes the death of a loved one, Texas law allows the surviving spouse, children, and parents of the deceased to bring a wrongful death claim. These cases can arise from any type of negligence, including car accidents, workplace incidents, medical malpractice, and defective products, and they require experienced legal representation to ensure that all elements of damage are fully presented.
What Compensation Is Available in Texas Personal Injury Cases?
Economic damages are the foundation of most Texas personal injury claims and include all quantifiable financial losses: past and future medical expenses (including surgery, hospitalization, rehabilitation, medications, and assistive devices), lost wages, diminished future earning capacity, property damage, and any other out-of-pocket expenses directly caused by the injury. Texas has no cap on economic damages in standard personal injury cases, allowing plaintiffs to recover the full cost of their losses.
Non-economic damages address the human toll of an injury and include physical pain and suffering, mental anguish, emotional distress, disfigurement, physical impairment, loss of enjoyment of life, and loss of consortium. These damages are subjective but very real, and our attorneys work with medical experts and life-care planners to present powerful evidence of the full impact of injuries on our clients’ lives. In standard negligence cases, non-economic damages are not subject to any statutory cap.
Where appropriate, exemplary (punitive) damages may be sought to punish grossly negligent or intentional conduct and deter similar behavior. While subject to the statutory caps discussed above, exemplary damages can significantly increase the total recovery in cases involving drunk driving, willful safety violations, or other egregious conduct. In wrongful death cases, families can recover for loss of financial support, loss of companionship and society, mental anguish, and the decedent’s pain and suffering before death, along with funeral and burial expenses.
Why Should You Choose Maxx Compensation for Your Texas Injury Claim?
Maxx Compensation and attorney Charles C. Teale bring a powerful combination of legal knowledge, investigative resources, and trial-ready advocacy to every case we handle. Texas personal injury cases often involve well-funded corporate defendants, large insurance companies, and complex factual scenarios that require sophisticated legal strategies. Our firm has the capacity and commitment to go toe-to-toe with the most formidable opponents and achieve outstanding results for our clients.
We operate on a contingency fee basis, meaning there is no cost to you unless we recover compensation on your behalf. We invest our own resources in building your case, including retaining accident reconstruction experts, medical specialists, economists, and other professionals who can establish the full value of your claim. Our trial-ready approach means that insurance companies cannot lowball our clients with take-it-or-leave-it offers, because they know we are prepared and willing to present your case to a jury.
Serving Clients in Texas’s Major Cities
Maxx Compensation represents injury victims across the entire state of Texas, including Houston, the state’s largest city and energy capital; San Antonio, a historic city with a thriving military presence; Dallas, a major business and financial center; Austin, the state capital and a booming technology hub; Fort Worth, a growing city within the Dallas-Fort Worth metroplex; El Paso, a major border city in far west Texas; Arlington, home to major sports and entertainment venues; and Corpus Christi, a coastal city along the Gulf of Mexico. No matter where in Texas your injury occurred, we are prepared to fight for you.
Frequently Asked Questions About Texas Personal Injury Claims
What is the statute of limitations for filing a personal injury lawsuit in Texas?
The statute of limitations for most personal injury claims in Texas is two years from the date of the injury (Texas Civil Practice and Remedies Code § 16.003). This applies to car accidents, premises liability, product liability, and most other negligence-based claims. Wrongful death claims must also be filed within two years of the date of death. Missing this deadline means losing your right to compensation permanently.
How does Texas’s proportionate responsibility rule affect my recovery?
Under Texas Civil Practice and Remedies Code § 33.001, your recovery is reduced by your percentage of fault. If you are found to be 51 percent or more responsible for the incident, you are completely barred from recovering anything. This makes it critical to have an attorney who can effectively counter insurance company arguments designed to shift blame onto you and minimize their payout.
Is there a cap on damages in Texas personal injury cases?
In most personal injury cases, Texas does not cap compensatory damages. Both economic and non-economic damages can be recovered in full. However, medical malpractice cases are subject to non-economic damage caps ($250,000 per claimant against physicians, with additional caps per healthcare institution). Punitive damages are also capped at the greater of two times economic damages plus non-economic damages up to $750,000, or $200,000.
What should I do after a car accident in Texas?
Seek immediate medical attention, call the police to file an accident report, document the scene with photographs, exchange information with the other driver, collect witness contact information, and do not admit fault or give recorded statements to the other party’s insurance company. Contact Maxx Compensation as soon as possible so we can begin investigating your claim, preserving evidence, and protecting your rights from day one.
Can I sue my employer for a workplace injury in Texas?
Texas is unique in that it does not require employers to carry workers’ compensation insurance. If your employer is a “non-subscriber” (meaning they opted out of workers’ compensation), you may be able to file a direct negligence lawsuit against your employer for your workplace injury. Even if your employer carries workers’ compensation, you may have third-party claims against equipment manufacturers, subcontractors, property owners, or other parties whose negligence contributed to your injury.
How long does a Texas personal injury case take to resolve?
The timeline varies significantly depending on the complexity of the case, the severity of injuries, the number of parties involved, and whether the case settles or goes to trial. Simple cases with clear liability may resolve in several months through settlement negotiations. Complex cases involving catastrophic injuries, multiple defendants, or disputed liability may take two years or more to reach resolution. Our attorneys keep clients informed throughout the process and work to achieve the best possible outcome in the most efficient timeframe.
Dog Bite Laws in Texas
Dog bite injuries are a significant concern in Texas, with state law providing specific legal protections for bite victims. Texas’s dog bite liability framework determines how victims must prove their case and what compensation is available. To learn about Texas’s specific dog bite liability rules, statute of limitations, breed-specific legislation, and the defenses dog owners commonly raise, visit our comprehensive dog bite lawyer in Texas page. If you or a loved one has been bitten by a dog in Texas, contact Maxx Compensation at 877-462-9952 for a free consultation.
Cities We Serve in Texas
Maxx Compensation serves personal injury clients throughout Texas. Click on your city to learn about local injury risks, courthouse information, and how our attorneys can help with your specific claim:
- Personal Injury Lawyer in Austin
- Personal Injury Lawyer in Dallas
- Personal Injury Lawyer in El Paso
- Personal Injury Lawyer in Fort Worth
- Personal Injury Lawyer in Houston
- Personal Injury Lawyer in San Antonio
Practice Areas We Handle in Texas
Our attorneys represent clients across Texas in a wide range of personal injury and accident cases, including:
- Car Accident
- Motorcycle Accident
- Truck Accident
- Slip and Fall
- Wrongful Death
- Brain Injury
- Spinal Cord Injury
- Catastrophic Injury
- Medical Malpractice
- Dog Bite
- Construction Accident
- Pedestrian Accident
- Bicycle Accident
- Burn Injury
- Nursing Home Abuse
- Workers’ Compensation
- Rideshare Accident
- Boating Accident
- Neck and Back Injury
- Uninsured Motorist
- Premises Liability
- Product Liability
- Insurance Bad Faith
- Whiplash Injury
No matter what type of accident or injury you have suffered in Texas, the team at Maxx Compensation is ready to fight for the compensation you deserve. Call 877-462-9952 today for a free consultation.
Contact Maxx Compensation Today
If you have been injured in Texas due to another party’s negligence, you owe it to yourself and your family to explore your legal options. The experienced team at Maxx Compensation, led by attorney Charles C. Teale, is ready to evaluate your claim, explain the law as it applies to your situation, and fight aggressively for maximum compensation. Call us now at 877-462-9952 or visit our free case evaluation page to get started. There is absolutely no fee unless we recover compensation for you.
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