Personal Injury Lawsuit in Texas
Filing a personal injury lawsuit in Texas is a structured legal process. Understanding the steps, deadlines, and modified comparative fault (51% bar) rules will help you make informed decisions about your case.
For informational purposes only. Not legal advice. Consult a licensed attorney.
2 years
Filing Deadline
Modified comparative fault (51% bar)
Fault System
At-Fault
Auto System
$18,000 – $90,000
Avg Settlement
Lawsuit Steps in Texas
Hire an Attorney
Most personal injury attorneys in Texas work on contingency — no upfront fees. They evaluate your case and advise on whether litigation makes sense.
Investigation & Evidence
Your attorney gathers medical records, accident reports, witness statements, and expert opinions to build the strongest possible case.
Demand & Negotiation
Before filing suit, your attorney typically sends a demand letter and attempts settlement. Most cases resolve without going to court.
File the Complaint
If negotiations fail, your attorney files a complaint in the appropriate Texas court. You must file within 2 years of the injury.
Discovery
Both sides exchange evidence, take depositions, and may hire expert witnesses. Discovery typically takes 6–18 months.
Mediation / Trial
Most cases settle during or after discovery. If not, your case goes to trial before a judge or jury under Texas court rules.
Key Texas Law Facts
Texas uses modified comparative fault under Tex. Civ. Prac. & Rem. Code § 33.001 with a 51% bar — if a plaintiff is found 51% or more at fault, all recovery is barred; below that threshold, the award is reduced proportionally by the plaintiff's assigned fault percentage.
Personal injury claims must be filed within 2 years from the date of injury under Tex. Civ. Prac. & Rem. Code § 16.003; Texas strictly enforces this deadline, and failure to file in time permanently extinguishes the right to sue for personal injuries.
Texas does not require no-fault PIP insurance and operates as a traditional at-fault tort state; however, personal injury protection (PIP) coverage must be offered by all auto insurers and is available for purchase, though drivers may reject it in writing.