Texas Personal Injury Laws
Texas uses a modified comparative fault system with a 51% bar and caps non-economic damages in medical malpractice cases at $250,000 per defendant (capped at $500,000 total). General personal injury cases in Texas have no cap on non-economic damages. Texas has some of the most active plaintiff's attorneys in the nation, with Houston, Dallas, and San Antonio producing significant personal injury verdicts.
Statute of Limitations
2 years
Fault Rule
Modified Comparative Fault (50% Bar)
Non-Economic Damages Cap
No Cap
Fault Rule: Modified Comparative Fault (50% Bar)
You can recover damages only if you are less than 50% at fault. Your award is reduced by your percentage of fault.
Average Settlement Amounts in Texas
Settlement amounts vary based on injury severity, liability, and other factors. Below are estimated average settlements for common injury types in Texas.
| Injury Type | Average Settlement |
|---|---|
| Car Accident | $22,000 |
| Slip and Fall | $18,000 |
| Dog Bite | $34,000 |
Key Texas Personal Injury Statutes
- •Tex. Civ. Prac. & Rem. Code § 16.003 (statute of limitations)
- •Tex. Civ. Prac. & Rem. Code § 33.001 (modified comparative fault, 51% bar)
- •Tex. Civ. Prac. & Rem. Code § 74.301 (med mal non-economic cap)
Damage Caps in Texas
Texas does not impose a general cap on non-economic damages in personal injury cases. This means there is no statutory limit on pain and suffering awards in most cases.
For medical malpractice cases specifically, Texas caps damages at $250,000.
Injury Claims in Texas
Learn more about specific injury types and how Texas law applies to each.
Major Cities in Texas
Personal injury attorneys in Texas serve clients in Houston, San Antonio, Dallas, Austin, Fort Worth, and surrounding areas. If you have been injured in any of these cities, the same state laws described above apply to your claim.
This information is for educational purposes only and is not legal advice. Consult a licensed personal injury attorney in your state.