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

In Texas, the statute of limitations for most personal injury claims is 2 years. You must file your lawsuit within 2 years of the date of injury. Missing this deadline typically bars you from recovering any compensation.

Are there damage caps in Texas personal injury cases?

In Texas: $250K non-economic in med mal; no cap on other PI. These caps may affect how much you can recover, particularly for non-economic damages like pain and suffering.

What is the average personal injury settlement in Texas?

Average personal injury settlements in Texas range from approximately $65,000–$300,000 depending on injury type, liability, insurance coverage, and other case-specific factors.

Texas Personal Injury Law — Statute of Limitations, Fault Rules & More

Q: What is the fault system in Texas?

Texas uses Modified comparative fault (51% bar). Your compensation is reduced by your percentage of fault in causing the accident.

2 years Filing deadline

51% bar Fault system

$65,000 Avg settlement (low)

7 Common case types

Overview of Personal Injury Law in Texas

Texas uses a modified comparative fault system with a 51% threshold. Medical malpractice non-economic damages are capped at $250,000 per defendant. For other personal injury claims, there is no cap on compensatory damages. Texas is the most litigated state for mass tort cases.

This guide covers the most important rules for personal injury claims in Texas, including the statute of limitations, comparative fault rules, damages caps, and common case types. Laws can change — always verify with a licensed Texas attorney for your specific situation.

Key Texas Personal Injury Statutes

Tex. Civ. Prac. § 16.003 (SOL)

Tex. Civ. Prac. § 33.001 (comparative fault)

Tex. Civ. Prac. § 74.301 (med mal cap)

Most Common Personal Injury Cases in Texas

Car Accidents

Truck Accidents

Medical Malpractice

Product Liability

Workplace Injury

Oil & Gas Injuries

Wrongful Death

Texas Damages Caps & Average Settlements

Damages Rule $250K non-economic in med mal; no cap on other PI

Average Settlement $65,000–$300,000

Fault System Modified comparative fault (51% bar)

Settlement amounts vary significantly based on injury severity, liability clarity, insurance policy limits, and jurisdiction within Texas.

Frequently Asked Questions — Texas Injury Law

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

In Texas, you generally have 2 years to file a personal injury lawsuit from the date of injury. Key statute: Tex. Civ. Prac. & Rem. Code § 16.003.

Exceptions may apply for minors, government entity cases, or when the injury was not immediately discovered. Consult a Texas attorney to confirm your deadline.

What is Texas's fault system?

Texas uses Modified comparative fault (51% bar). Your compensation is reduced by your percentage of fault. If you are 51% or more at fault, you cannot recover anything.

Are there damage caps in Texas?

Texas damage rules: $250K non-economic in med mal; no cap on other PI. These limits can significantly affect cases involving pain and suffering and other non-economic losses. Economic damages like medical bills and lost wages are typically not capped.

What is the average settlement in Texas?

Personal injury settlements in Texas average approximately $65,000–$300,000. Catastrophic injuries, wrongful death, and medical malpractice cases typically settle for significantly higher amounts.

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Injured in Texas? Get Help Now.

Personal injury laws in Texas can be complex and deadlines are strict. A qualified Texas personal injury attorney can evaluate your case for free — with no upfront costs.

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⚠ Disclaimer: This page is for informational purposes only. Laws change and specifics vary by case. Always consult a licensed Texas attorney for legal advice.