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General information for injury claims in Texas

Texas Injury Handbook

Texas Injury Handbook

A practical look at how injury claims usually work in Texas

This handbook gives a general overview of the issues that often come up after an accident in Texas, including fault, deadlines, evidence, insurance, and common claim types.

Its purpose is to help you understand the process, ask better questions, and avoid common mistakes while you decide what to do next.

This guide focuses on Texas law. Laws and court decisions can change, and every case turns on its own facts and circumstances.

2 Years

Many cases have a two-year deadline

Many personal injury and wrongful-death lawsuits are generally governed by a two-year filing deadline.

51% Rule

Shared fault can change recovery

Texas proportionate-responsibility rules can reduce compensation or block recovery if an injured person is more than 50% responsible.

30 / 60 / 25

Texas minimum auto liability limits

Texas requires proof that drivers can pay for crashes they cause, and the basic minimum liability limits are commonly described as 30/60/25.

Part 1

The ground rules for an injury case in Texas

Most personal injury cases begin with a basic question: did someone fail to use reasonable care, and did that failure cause real harm?

Texas uses a fault-based system. In many vehicle claims, that means the case is typically made against the insurance of the driver who caused the wreck.

Responsibility can also be shared. If the evidence shows more than one person contributed to the accident, compensation can be reduced by the claimant’s share of fault and, in some cases, barred altogether.

Issues that usually matter

  • What evidence exists about how the accident happened.
  • What injuries and financial losses can be documented.
  • Whether the case involves shorter notice rules or unusual time limits.
  • What types of damages may be available, such as medical costs, lost income, property damage, pain and suffering, and in some cases wrongful-death losses.

Part 2

What to do immediately after an accident

The first decisions after an accident can affect both physical recovery and the strength of a claim. Safety and medical care should always come first.

It also helps to think early about preserving evidence. Photos, contact information, reports, receipts, and medical records often become important later.

Helpful steps

  1. Get medical attention and call 911 when the situation calls for it.
  2. Report the incident to police, a business, or the responsible property representative when appropriate.
  3. Take photos and gather names, phone numbers, and insurance information if you can do so safely.
  4. Keep records, bills, repair estimates, and any other related documents.
  5. Avoid guessing about fault or accepting a quick offer before you understand your options.
  6. Consider speaking with a lawyer before giving a recorded statement or signing a release.

Part 3

Car and truck accident claims

Many Texas crashes are tied to distraction, speed, alcohol or drug impairment, unsafe lane changes, following too closely, and failure to yield. Across major cities and highway corridors in the state, an ordinary commute can quickly become a high-risk situation.

Even collisions that look manageable at first can produce whiplash, concussions, back injuries, fractures, or internal trauma. Early care and consistent follow-up often matter both medically and evidentially.

When commercial vehicles or tractor-trailers are involved, a case can include multiple policies, businesses, and regulatory issues. If the at-fault driver lacks enough insurance or leaves the scene, UM/UIM or PIP coverage on your own policy may also matter.

Common insurance issues

  • The other insurance company may dispute fault.
  • There may not be enough coverage to pay all losses.
  • Property-damage and bodily-injury claims may move on different timelines.
  • An early offer does not always reflect the full extent of an injury claim.

Part 4

Motorcycle accident cases

Motorcycle cases often involve more severe injuries because riders and passengers do not have the same physical protection as people inside a car.

Common scenarios include left turns in front of the motorcycle, unsafe lane changes, drivers who fail to leave enough space, road hazards, and situations where the other driver says they “never saw” the bike.

In Texas, riders under 21 must wear a helmet. Riders 21 and older may qualify for an exemption if they meet specific requirements, but helmet use still matters when injury severity is evaluated.

Injuries that often appear in these cases

  • Multiple fractures and other serious orthopedic injuries.
  • Head trauma and traumatic brain injuries.
  • Spinal-cord injuries and neurological damage.
  • Extensive road rash, lacerations, and internal injuries.

Part 5

Slip-and-fall and unsafe-property cases

Unsafe-property claims often focus on whether a dangerous condition existed and whether the responsible party knew about it, should have known about it, or failed to warn about it.

Stores, restaurants, apartment complexes, parking areas, homes, and other properties can create risk when spills, broken surfaces, poor lighting, loose railings, or blocked walkways are ignored.

These cases are often defended by arguing that the hazard was obvious or the injured person was not paying attention, which makes early documentation especially important.

Evidence that often helps

  • Clear photos of the hazard and surrounding area.
  • Prompt reporting to the business or person responsible for the property.
  • Witness information and a request to preserve any video footage.
  • Medical records linking the injuries to the fall or incident.

Part 6

How an injury claim usually moves forward

Many cases start with investigation and insurance claims, not with a lawsuit filed on day one. Early work usually includes collecting reports, medical records, photos, witness information, and coverage details.

Once medical treatment provides a clearer picture of the injury, a demand package is often prepared to explain liability, treatment, losses, and settlement position.

If negotiations stall, the case can move through suit, document exchange, depositions, mediation, and possibly trial. Many matters resolve before trial, but preparation matters long before that point.

Common stages

  1. Initial consultation and investigation.
  2. Opening insurance claims and gathering records.
  3. Demand package and settlement negotiations.
  4. Filing suit if necessary.
  5. Discovery, depositions, and mediation.
  6. Trial, if a fair resolution is not reached sooner.

Texas Injury Handbook

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