Texas has more traffic deaths than any other state, and its injury rules include a strict fault cutoff. Here is what injured Texans need to know.
Filing deadline: 2 years
Most personal injury lawsuits must be filed within two years of the injury (Tex. Civ. Prac. & Rem. Code § 16.003). Wrongful death claims are generally two years from the date of death. Claims against a government entity usually require written notice within six months under the Texas Tort Claims Act, and some cities require notice sooner.
Fault rule: 51% bar
Texas uses modified comparative fault (proportionate responsibility, Chapter 33). You can recover if you are 50% or less at fault, reduced by your percentage. If you are more than 50% at fault, you recover nothing.
Insurance
Texas is an at-fault state. Drivers must carry liability coverage, and insurers must offer Personal Injury Protection (PIP), which you can reject only in writing.
Damage caps
Medical malpractice non-economic damages are capped. Punitive (exemplary) damages are also limited by statute.
Quick comparison
See how Texas compares to other states in our guide to personal injury deadlines by state.
This guide is general information, not legal advice. Laws change and every case is different. Talk with a licensed attorney in your state.