Texas Law FAQ

The statute of limitations for most personal injury claims in Texas is two years from the date of the injury. This means you must file a lawsuit within two years or risk losing your right to seek compensation permanently. Some exceptions may extend or shorten this deadline, such as claims against government entities which have shorter notice requirements, or cases involving minors where the clock may not start until the child turns 18. The discovery rule may also apply in some situations where the injury was not immediately apparent. Because building a strong case takes time, it is essential to contact an attorney well before the deadline. Our firm can evaluate your situation and make sure your claim is filed on time.

Texas follows a modified comparative fault rule, also known as proportionate responsibility. Under this system, each party involved in an accident is assigned a percentage of fault for causing the incident. You can recover compensation as long as your share of fault does not exceed 50%. If you are found to be 51% or more at fault, you are barred from recovering any damages. When you are partially at fault, your compensation is reduced by your percentage of responsibility. For example, if you are awarded $200,000 and found to be 25% at fault, your recovery would be $150,000. Insurance companies aggressively try to attribute more fault to victims, which is why having a skilled attorney is critical to protecting your recovery.

Yes, you can seek compensation for emotional distress after an accident in Texas, and it is an important component of many personal injury claims. Emotional distress damages, also called mental anguish, can include anxiety, depression, fear, insomnia, post traumatic stress disorder (PTSD), and the overall psychological impact of the accident on your life. In Texas, you can recover for emotional distress that accompanies a physical injury without needing to prove it as a separate cause of action. In some cases, you may also be able to recover for negligent infliction of emotional distress even without physical injury. Our attorneys work with mental health professionals to document and present your emotional suffering effectively.

Punitive damages, called exemplary damages in Texas, are additional damages awarded on top of compensatory damages to punish a defendant for particularly egregious conduct and to deter similar behavior in the future. Texas courts may award punitive damages when the defendant acted with fraud, malice, or gross negligence. Examples include a drunk driver causing a crash, a trucking company knowingly putting a dangerous driver on the road, or a manufacturer concealing a known product defect. Texas law caps punitive damages at the greater of $200,000 or two times the amount of economic damages plus an equal amount of non economic damages up to $750,000. Our attorneys will evaluate whether punitive damages may be available in your case.

The discovery rule is an exception to the standard statute of limitations in Texas that applies when an injury is not immediately apparent or discoverable. Under this rule, the statute of limitations does not begin to run until the injured person knew or should have known about the injury through the exercise of reasonable diligence. This rule commonly applies in medical malpractice cases, toxic exposure situations, and cases involving latent injuries that do not manifest symptoms until months or years after the incident. The discovery rule is a fact specific defense that requires careful legal analysis. If you believe you may have a claim involving a delayed discovery injury, contact our attorneys to evaluate whether this rule applies to your situation.