Personal injury law in Texas
How long you have to file, how shared fault is treated, whether Texas is a no-fault auto state, and what damages caps can limit a jury award. Every figure sourced.
Key rules at a glance
| Statute of limitations | 2 years Government claims: 6-month notice. |
|---|---|
| Negligence rule | Modified comparative — 51% bar Recovery barred at 51% or more fault under Tex. Civ. Prac. & Rem. Code § 33.001. |
| Auto no-fault | No |
| Damages caps | Medical malpractice non-economic caps: $250,000/provider under Tex. Medical malpractice non-economic caps: $250,000/provider under Tex. Civ. Prac. & Rem. Code § 74.301. |
What the filing deadline means in Texas
Personal injury claims in Texas must generally be filed within 2 years of the date of injury. Government claims: 6-month notice. If you miss the statute, the claim is time-barred regardless of how strong it is. Discovery rules can shift the start date for latent injuries, and government claims often carry much shorter notice deadlines (sometimes 60 to 180 days).
How shared fault works under modified comparative — 51% bar
You can recover if you are 50% or less at fault. At 51% or more, recovery is barred. Recovery barred at 51% or more fault under Tex. Civ. Prac. & Rem. Code § 33.001.
Practical effect: if a jury values your case at $200,000 and assigns you 30% of the fault, you recover $140,000 — but if your fault crosses the bar, you recover $0.
Damages caps in Texas
Medical malpractice non-economic caps: $250,000/provider under Tex. Civ. Prac. & Rem. Code § 74.301.
A cap does not change the value of your injuries; it changes what a jury is allowed to award. Caps most often apply to non-economic damages (pain and suffering) and to medical malpractice cases. Economic damages, like medical bills and lost wages, are generally not capped.
Settlement guides for Texas
Auto claim settlement ranges and the Texas statute, fault rule, and PIP posture.
Premises liability, notice, and the negligence elements that decide Texas claims.
FMCSA framing, multi-defendant stacks, and the 30-day evidence window in Texas.
Helmet law, rider bias, and how Texas's fault rule hits motorcycle recovery.
Statute of repose, damages caps, and the affidavit-of-merit gate for Texas med-mal claims.
Workers' comp benefits, third-party liability, and exclusive-remedy limits in Texas.
Strict liability, statute of repose, and punitive caps for Texas product cases.
Strict liability vs one-bite, homeowners coverage, and provocation defenses in Texas.
Who has standing, recoverable damages, and survival actions in Texas.
Active MDLs including Texas plaintiffs, discovery-rule deadlines, and bellwether settlement grids.
Case types in Texas
These case-type hubs explain how settlement value is built and how each type interacts with Texas's rules above.
Related reads
How Texas's modified comparative — 51% bar rule shapes auto settlement value.
Multi-party liability, FMCSA regulations, and the 30-day evidence window.
Helmet laws, anti-rider bias, and how comparative fault hits riders.
Premises liability and the negligence elements you must prove.
Standard of care, statute of repose, and Texas's med-mal caps.
Workers' comp vs third-party liability claims.
Strict liability vs one-bite rule by state.
Who can file and what damages are recoverable.
Frequently asked questions
Sources
Want a different state? See all 50 state hubs.