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

2 years from the date of injury for most personal injury claims [§ 16.003]. Wrongful death: 2 years from the date of death [§ 16.003]. Missing this deadline almost always bars the claim entirely.

What damages can I recover?

Medical expenses, lost wages, pain and suffering, and in some cases [def:punitive damages]. Texas imposes caps on certain categories of damages. [§ 74.301] [§ 41.008]

Do I need a lawyer for a personal injury claim?

It's not legally required, but Texas's modified comparative fault (51% bar) rule and procedural requirements make these cases more complex than they may appear. Insurance companies have experienced adjusters and attorneys — having your own counsel levels the playing field.

What should I do immediately after an injury?

Get medical treatment and follow through on recommended care. Preserve evidence: photos, incident reports, witness names. Do not give recorded statements to insurance companies. Document all expenses and how the injury affects your daily life.

OverviewUpdated 2026-02-27

Texas Personal Injury Guide — Claims & Deadlines

Q: What is Texas's fault rule?

Modified comparative fault (51% bar) [§ 33.001]. Texas follows modified comparative fault — damages are reduced by the injured person's percentage of fault, but if the injured person is 51% or more at fault, they recover nothing.

Negligence, fault rules, damages, and the deadline to file — what makes Texas injury claims different.

Jump to:

Car Accident Claims — What to Do Next Medical Malpractice — Requirements & Limits Wrongful Death Claims — Who Can File Personal Injury Statute of Limitations Personal Injury Damages — What You Can Recover Personal Injury Insurance Claims — How to File Slip & Fall — Premises Liability Claims

From Injury to Resolution

A personal injury claim starts the moment you are hurt and follows a path shaped by your state's fault rules, filing deadlines, and the insurance involved. The outcome depends on three things: whether someone else was at fault, whether you act within the legal deadline, and how well the harm is documented. Below is the general sequence — from the injury itself through resolution — with the key decision points that determine what a claim is worth and whether it survives.

⚠️

Injury Occurs

clock starts ticking

🏥

Medical Care

treat & document

📷

Preserve Evidence

photos, reports, witnesses

📋

Evaluate Claim

fault, damages, deadline

💬

Demand & Negotiate

insurance or lawsuit

⚖️

Resolution

settlement or verdict

Every case is different. Deadlines, fault rules, and damages vary by state. This is a general overview, not legal advice.

Texas's fault rule: Modified comparative fault (51% bar)

Texas follows modified comparative fault — damages are reduced by the injured person's percentage of fault, but if the injured person is 51% or more at fault, they recover nothing.

§33.001

💡Plaintiff barred if more than 50% at fault. Damages reduced by plaintiff's percentage of responsibility. Each defendant liable only for their proportionate share unless defendant is more than 50% responsible (§33.013).

The deadline to file §16.003

Texas's Statute of limitations for personal injury is 2 years from the date of injury §16.003.

Two years for personal injury. One year for defamation (§16.002).

Texas recognizes a discovery rule — meaning the clock may start when the injury is discovered (or should have been discovered) rather than when it occurred.

⚠Texas also has a 10-year statute of repose §74.251 that sets an absolute outer limit, regardless of when the injury was discovered.

Texas personal injury at a glance

	Rule in Texas
Statute of limitations (PI)	2 years §16.003
Statute of limitations (wrongful death)	2 years §16.003
Fault rule	Modified comparative fault (51% bar) §33.001
Damage caps	$250,000 per health care provider, $500,000 total for all providers (medical malpractice noneconomic) §74.301; Greater of $200,000 or 2x economic damages plus up to $750,000 non-economic damages (punitive) §41.008
Auto insurance minimums	30/60/25 §Tex. Transp. Code § 601.072

What you can recover

Medical expenses — past and future treatment, rehabilitation, prescription costs
Lost income — wages lost during recovery and reduced future earning capacity
Pain and suffering — physical pain, emotional distress, loss of enjoyment of life
Property damage — repair or replacement of damaged property

Texas imposes caps on certain types of damages, which affect the potential value of a claim §74.301 §41.008.

Common types of personal injury cases

Car and vehicle accidents

The most common personal injury claim. Texas requires minimum auto liability insurance of 30/60/25 §Tex. Transp. Code § 601.072.

Medical malpractice

Claims against healthcare providers who fail to meet the standard of care. Medical malpractice claims have additional procedural requirements that must be met before or at the time of filing.

Premises liability

Injuries on someone else's property due to unsafe conditions — slip and fall, inadequate security, hazardous conditions.

Wrongful death

When negligence causes death, surviving spouse, children, and parents of the deceased; one or more of them may bring the action for the benefit of all (§71.004(b)). Action must be brought within 2 years of death (§16.003). If none of those individuals begins the action within three calendar months after the death, the executor or administrator shall bring and prosecute the action unless all of them request otherwise (§71.004(c)). §71.002.

What to do after an injury

Get medical treatment immediately and follow through — gaps in treatment undermine claims
Preserve evidence: photos, incident reports, witness names, and contact information
Do not give recorded statements to insurance companies before understanding your rights
Document everything: expenses, missed work, how the injury affects daily life

⚠If you have been seriously injured, do not assume you can wait to evaluate your options. Evidence deteriorates, witnesses become unavailable, and the statute of limitations is an absolute bar in most cases.

No Obligation

Ready to Talk to a Lawyer?

Submit a short intake form and a participating Texas attorney who handles this type of matter may reach out to you. No commitment required.

Request a Free Consultation →

No attorney-client relationship is created unless you later sign an engagement agreement. Participating attorneys may pay a marketing fee to receive inquiries.

Common Questions