Texas Personal Injury Law: What You Need to Know After an Accident in Austin

A car crash on I-35. A slip and fall at a South Congress shop. A trucking accident on the 183 flyover. When you are injured in Texas, the laws that govern your claim are unique to this state. Texas has its own rules for fault, its own deadlines, its own caps on damages, and its own procedures for holding negligent parties accountable. Understanding these laws—and having an attorney who knows how to apply them—can mean the difference between a fair recovery and walking away with nothing.

At Barton & Associates, Attorneys at Law, we have spent decades representing injured Texans across Central Texas. From the neighborhoods of Austin to the communities of Round Rock, Cedar Park, Lakeway, Kyle, and Dripping Springs, we understand the nuances of Texas personal injury law. We know the local courts, the insurance companies, and the strategies that work.

This page explains the key aspects of Texas personal injury law—the rules that will shape your case and the deadlines you cannot afford to miss.

The Texas Statute of Limitations: You Have Two Years

In Texas, the statute of limitations for most personal injury claims is two years from the date of the injury. This is one of the shortest deadlines in the nation. If you do not file your lawsuit within two years, you lose your right to recover—forever.

The Deadline Applies to:

• Car and truck accidents

• Slip and fall accidents

• Medical malpractice

• Product liability

• Wrongful death

• Premises liability

Exceptions:

• Discovery Rule: If you could not reasonably have discovered your injury within two years, the clock may start later.

• Minor Children: Children generally have until their 20th birthday to file a claim.

• Government Claims: If you were injured by a government entity (city bus, state highway, public hospital), you may have as little as six months to file a notice of claim.

For residents across Central Texas, missing the deadline means losing your right to compensation. Do not wait.

Texas Comparative Fault: Your Share of Blame

Texas follows a modified comparative fault rule. If you are partially at fault for your accident, your recovery will be reduced by your percentage of fault.

How It Works:

• If you are found to be 20% at fault, your recovery is reduced by 20%

• If you are found to be 51% or more at fault, you recover nothing

Example:

• Your damages are $100,000

• You are found to be 20% at fault

• You recover $80,000

Why It Matters:

Insurance companies will try to shift blame to you to reduce their payout. An experienced attorney knows how to present evidence to minimize your fault and maximize your recovery.

For those in the Austin area, understanding comparative fault is essential to protecting your claim.

Texas Caps on Damages

Texas law limits the amount of non-economic damages you can recover in certain types of personal injury cases.

What Are Non-Economic Damages?

• Pain and suffering

• Mental anguish

• Loss of enjoyment of life

• Loss of companionship

• Disfigurement

Caps on Medical Malpractice:

• Non-economic damages are capped at $250,000 per provider, with a total cap of $500,000 per case

• There is no cap on economic damages (medical bills, lost income, future care costs)

Caps on Other Cases:

• There is no cap on non-economic damages for car accidents, truck accidents, slip and falls, or product liability cases

• However, punitive damages are capped at two times economic damages plus non-economic damages, or $750,000, whichever is greater

For residents across Central Texas, understanding the caps that apply to your case is essential.

The Texas Tort Claims Act: Suing the Government

If you were injured by a government entity—a city bus, a state highway, a public hospital, a police car—special rules apply. The Texas Tort Claims Act waives sovereign immunity in limited circumstances, but only if you follow strict procedures.

What You Can Sue For:

• Injuries caused by the negligence of government employees

• Injuries caused by unsafe conditions on government property

• Injuries caused by the use of government vehicles

What You Cannot Sue For:

• Most claims against police for excessive force

• Claims arising from the failure to provide adequate police protection

• Claims arising from the failure to enforce laws

The Deadline:

You generally have six months to file a notice of claim with the government entity. Missing this deadline means you lose your right to sue.

For those in the Austin area, claims against government entities require experienced representation.

Proving Negligence in Texas

To recover in a personal injury case, you must prove four things: duty, breach, causation, and damages.

Duty:

The defendant owed you a duty of care. For example:

• Drivers owe a duty to operate their vehicles safely

• Property owners owe a duty to maintain safe premises

• Doctors owe a duty to provide competent medical care

Breach:

The defendant breached that duty. For example:

• A driver ran a red light

• A property owner failed to repair a broken stair

• A doctor failed to diagnose a treatable condition

Causation:

The breach caused your injury. You must prove that your injury would not have occurred “but for” the defendant’s negligence.

Damages:

You suffered damages as a result—medical bills, lost income, pain and suffering.

For residents across Central Texas, proving negligence requires gathering evidence, working with experts, and building a compelling case.

Evidence in Texas Personal Injury Cases

The evidence you gather after an accident can make or break your case.

What to Gather:

• Photographs: Pictures of the accident scene, your injuries, property damage

• Witness Information: Names and contact information of anyone who saw what happened

• Police Reports: The official report filed by responding officers

• Medical Records: Documentation of your injuries and treatment

• Surveillance Footage: Video from nearby cameras that may have captured the accident

• Employment Records: Documentation of time missed from work

Preserving Evidence:

• Request surveillance footage immediately—it may be deleted

• Preserve your vehicle if it was damaged

• Keep a journal of your pain and recovery

For those in the Austin area, gathering evidence quickly is essential.

Texas Insurance Law: Dealing with Insurers

Texas law requires drivers to carry liability insurance. But insurance companies are not on your side. Their goal is to minimize what they pay.

Minimum Coverage:

• $30,000 per person for bodily injury

• $60,000 per accident for bodily injury

• $25,000 for property damage

What to Know:

• You are not required to accept the insurance company’s first offer

• The insurance company may try to get you to give a recorded statement—do not do so without an attorney

• The insurance company may try to get you to sign a medical release—do not do so without an attorney

Uninsured/Underinsured Motorist Coverage:

If the at-fault driver has no insurance or insufficient insurance, your own UM/UIM coverage may apply. Many drivers have this coverage without knowing it.

For residents across Central Texas, dealing with insurance companies requires experience and strategy.

Frequently Asked Questions About Texas Personal Injury Law

When clients come to our office—whether from Austin’s neighborhoods, the suburbs to the north and south, or the Hill Country communities—they often have questions about Texas personal injury law. Here are the answers to the most common inquiries we receive.

What is the statute of limitations for personal injury in Texas?

You generally have two years from the date of injury to file a personal injury lawsuit. Missing the deadline means you lose your right to recover.

What is comparative fault in Texas?

Comparative fault means your recovery is reduced by your percentage of fault. If you are 20% at fault, you recover 80% of your damages. If you are 51% or more at fault, you recover nothing.

Are there caps on damages in Texas?

Medical malpractice cases have caps on non-economic damages ($250,000 per provider, $500,000 per case). Other personal injury cases have no caps on non-economic damages, but punitive damages are capped.

What is the Texas Tort Claims Act?

The Texas Tort Claims Act allows lawsuits against government entities in limited circumstances. You generally have six months to file a notice of claim.

How do I prove negligence in Texas?

You must prove duty, breach, causation, and damages. An experienced attorney can help you gather the evidence needed to prove your case.

How long does a personal injury case take?

Every case is different. Some settle in months; others take years. The complexity of the case, the severity of the injuries, and the willingness of the insurance company to negotiate all affect the timeline.

Do I need an attorney for a personal injury case?

Yes. Texas personal injury law is complex. Insurance companies have teams of adjusters and lawyers whose job is to minimize what they pay. An experienced attorney can level the playing field and help you get the compensation you deserve.

Why Barton & Associates for Your Personal Injury Case

We have spent decades representing injured Texans across Central Texas. We know the local courts, the insurance companies, and the experts who can prove your case. We know the Texas statutes, the Texas rules of procedure, and the Texas case law that governs your claim.

We are not generalists—we are Texas personal injury lawyers, trained in Texas law, and dedicated to representing injured Texans.

Take the First Step Toward Protecting Your Rights

If you have been injured in an accident, do not wait. The two-year statute of limitations is strict. Evidence disappears. Witnesses forget. The sooner you have an experienced attorney on your side, the sooner you can begin the process of seeking the compensation you deserve.

Call our Austin office today at 512-THE-FIRM (843-3476) to speak with an experienced Texas personal injury attorney about your case. You can also complete the online Free Consultation form on our website to schedule a confidential meeting. Please note, on-site consultations are by appointment only. We look forward to helping you navigate the Texas legal system.

Main Category: Personal Injury Austin
Barton & Associates, Attorneys at Law
316 W 12th St Suite 400, Austin, TX 78701
Office: 512-THE-FIRM (843-3476)