Statute of limitations
Most personal injury claims in Texas must be filed within 2 years of the injury (Tex. Civ. Prac. & Rem. Code § 16.003). Medical malpractice claims have the same 2-year limit but the clock can run from the date of the injury OR the date the patient discovered (or should have discovered) the injury — whichever is later (Tex. Civ. Prac. & Rem. Code § 74.251). Claims against governmental entities require notice within 6 months under the Texas Tort Claims Act.
Modified comparative fault
Texas follows a "51% bar" rule (Tex. Civ. Prac. & Rem. Code § 33.001): if you are found 51% or more responsible for the accident, you recover nothing. If you are 50% or less responsible, your recovery is reduced by your percentage of fault.
Damage caps
Medical malpractice: $250,000 cap on non-economic damages per defendant, $500,000 aggregate when multiple defendants (Tex. Civ. Prac. & Rem. Code § 74.301). Punitive damages: capped at the greater of $200,000 or 2× economic damages plus an equal amount of non-economic damages up to $750,000 (Tex. Civ. Prac. & Rem. Code § 41.008).
Common case types
Car accidents, truck accidents, premises liability (slip and fall), product liability, medical malpractice, wrongful death (Tex. Civ. Prac. & Rem. Code Ch. 71).
How fees work
Most Texas personal injury attorneys work on contingency — typically 33⅓% if settled pre-suit, 40% if filed in court, sometimes higher if a case is appealed. Fee agreements must be in writing (Tex. Disciplinary R. Prof. Conduct 1.04).
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