Personal Injury Laws in Texas

Personal Injury Law in Texas: Overview

Texas follows a modified comparative fault system (called "proportionate responsibility") with a 50% bar, barring recovery for plaintiffs whose percentage of responsibility is greater than 50%. The state has a two-year statute of limitations for most personal injury claims. Texas enacted major tort reform in 2003 (HB 4) that imposed caps on non-economic damages in medical malpractice cases and modified joint and several liability. The state is a fault-based jurisdiction for auto accidents. Texas is one of the largest states for personal injury litigation, with significant volumes of cases in Houston, Dallas-Fort Worth, San Antonio, and the Rio Grande Valley. The state's energy industry, construction sector, and extensive highway system generate diverse personal injury claims.

Key Statutes & Deadlines

Proportionate Responsibility (Comparative Fault)

Texas uses the term "proportionate responsibility" rather than comparative fault. Under this system, the jury assigns a percentage of responsibility to each party, and a plaintiff whose responsibility exceeds 50% is barred from recovery. If the plaintiff is 50% or less responsible, their damages are reduced by their percentage. Texas abolished joint and several liability in most cases, making each defendant liable only for their proportionate share of damages. However, joint and several liability still applies to defendants who are found to be more than 50% responsible, defendants who acted intentionally, or defendants who acted in concert. The jury can also assign responsibility to "responsible third parties" who are not parties to the lawsuit.

2003 Tort Reform (HB 4) and Medical Malpractice

Texas's 2003 tort reform (HB 4) was one of the most sweeping tort reform packages in the nation. For medical malpractice, non-economic damages were capped at $250,000 per claimant against each physician and $250,000 per institution, with a maximum of $500,000 for institutional defendants per claimant. Medical malpractice claims require an expert report to be served within 120 days of filing. The reform also modified the standards for expert witnesses, required additional specificity in pleadings, and created a "responsible third party" procedure. The constitutionality of these reforms was upheld by the Texas Supreme Court.

Premises Liability Standards

Texas maintains a traditional premises liability framework that distinguishes among invitees, licensees, and trespassers. Property owners owe the highest duty of care to invitees (customers, business visitors) and must exercise reasonable care to protect them from conditions the owner knows about or should discover through reasonable inspection. Licensees (social guests) are owed a duty not to injure them through willful or wanton conduct and to warn of known dangerous conditions. Trespassers are generally owed only a duty to refrain from intentional injury. Texas courts have rejected the "general negligence" approach to premises liability used in some other states and continue to apply the traditional categories.

Texas Court System

Texas's District Courts and County Courts at Law serve as the trial courts for personal injury cases. Texas has 254 counties and over 500 state district courts. Justice Courts handle small claims up to $20,000. Appeals go to one of 14 Courts of Appeals, and further review is available from the Texas Supreme Court (for civil matters). Civil juries consist of 12 members in District Court, and verdicts require a ten-twelfths majority (10 of 12). Texas has extensive discovery rules and mandatory disclosure requirements. Multi-district litigation panels coordinate related cases filed in different courts.

Damages & Penalties

Texas allows full recovery of economic damages without caps in standard personal injury cases. Non-economic damages in standard cases are not capped, but medical malpractice non-economic damages are capped as described above. Punitive damages (called "exemplary damages" in Texas) are available when the defendant acted with fraud, malice, or gross negligence and are capped at the greater of: (1) two times economic damages plus an amount not to exceed $750,000 for non-economic damages, or (2) $200,000. Texas follows the collateral source rule but allows introduction of evidence regarding future collateral source payments. Pre-judgment interest is available at the statutory rate from 180 days after the defendant receives written notice of the claim.

Recent Legislative Changes

Texas has seen ongoing debate about nuclear verdicts and tort reform expansion. Recent court decisions have addressed the scope of the responsible third-party procedure, the standards for expert witness qualifications, and the application of proportionate responsibility in multi-party cases. The legislature has addressed distracted driving, autonomous vehicles, and energy industry safety regulations.

Frequently Asked Questions