Texas Injury Claim Rules

Rules cited to Texas’s statutes and case lawRules checked How we calculate

Fault rule51% barYou recover if you are 50% or less at fault. The award is cut by your share.Tex. Civ. Prac. & Rem. Code § 33.001
Filing deadline2 yearsFrom the date of the injury.Tex. Civ. Prac. & Rem. Code § 16.003
Minimum insurance30/60/25Per person, per crash, property. Texas is an at-fault state.Tex. Transp. Code § 601.072
Damage capsNone on injury damagesPunitive and malpractice damages can be capped separately.Tex. Civ. Prac. & Rem. Code § 41.008

Calculators with these rules built in

This page collects the rules that decide what an injury claim is worth in Texas: who can recover when both sides share the blame, how long you have to sue, what insurance drivers must carry and whether the state caps damages. Every rule links to the statute or court decision behind it, and every calculator on this site uses these same values.

Texas is an at-fault state, so claims are paid by the at-fault party’s insurer, and its 51% bar rule sets how much your own share of fault costs you.

Texas injury claim rules

Fault. Texas uses modified comparative fault with a 51% bar. If you are found 20% at fault, your award drops by 20%. At 51% or more, you recover nothing. Insurers know this, so expect them to argue your share up.

Filing deadlines. You have two years from the injury to file a personal injury lawsuit. Families have two years for a wrongful death claim, usually counted from the date of death. Claims against a government agency need written notice much sooner.

Car insurance. Texas is an at-fault state, so the at-fault driver’s liability insurance pays your claim. Drivers must carry at least $30,000 per injured person, $60,000 per crash and $25,000 for property damage, written 30/60/25. Insurers must offer PIP, which pays your own medical bills regardless of fault, unless you reject it in writing.

Damage caps. None on injury damages. Medical malpractice and punitive damages have separate caps.

Dog bites. No dog bite statute. The owner is liable if they knew the dog was dangerous (the one-bite rule) or were negligent, for example by breaking a leash law.

Texas injury claim questions

Can I still get a settlement in Texas if I was partly at fault?

Yes, as long as you were 50% or less at fault. Your award is reduced by your percentage, and at 51% or more you recover nothing.

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

two years from the injury in most cases.

Who pays a personal injury settlement?

Usually the at-fault party’s insurer: auto, homeowner’s or business liability coverage. The policy limit often sets the practical ceiling.

Does Texas cap pain and suffering damages?

Not in most injury cases. None on injury damages. Medical malpractice and punitive damages have separate caps.