Texas Personal Injury Laws
Texas law can affect how long you have to bring a claim, how responsibility is allocated, and which losses may be recoverable. The rules applied to a particular case depend on its facts, the parties involved, and the type of claim.
Statute of Limitations
Texas Civil Practice and Remedies Code section 16.003 generally provides two years from the date a personal injury cause of action accrues to file a lawsuit. Exceptions can change that deadline, so the date shouldn’t be calculated without reviewing the specific circumstances.
Proportionate Responsibility
Texas follows a proportionate-responsibility system, sometimes called modified comparative fault. Under this rule:
- You can recover compensation if you are 50% or less responsible for the accident.
- Your compensation is reduced by your percentage of responsibility.
- If you are more than 50% responsible, you may be barred from recovery.
Recoverable Damages
Common forms of compensation include economic damages for direct financial losses, such as property damage, medical bills, treatment costs, and lost wages, and noneconomic damages for intangible losses, such as pain and suffering, disfigurement and physical impairment, and loss of enjoyment of life.
We can document your losses and present the supporting evidence during negotiations or litigation.
Common Injuries Resulting from Negligence
We work with medical professionals to document the long-term impact of injuries such as:
- Traumatic Brain Injuries and Concussions: A traumatic brain injury is a disruption in brain function caused by an external force. These injuries range from mild concussions to lasting cognitive or motor impairment.
- Spinal Cord Injuries and Paralysis: These injuries can include herniated discs, fractured vertebrae, paraplegia, and quadriplegia, with treatment needs varying by diagnosis and prognosis.
- Bone Fractures and Orthopedic Trauma: Complex breaks may require surgery, implanted hardware, and extensive physical rehabilitation.
- Severe Burns and Scarring: Industrial explosions, vehicle fires, and chemical exposure can cause burns with lasting physical and emotional effects.
- Internal Organ Damage: Internal bleeding and blunt-force injuries may require emergency care and continued medical monitoring.
Some symptoms don’t appear immediately, while other injuries require future treatment, rehabilitation, or changes to work and daily activities. Medical documentation can help connect the accident to the diagnosis, treatment, prognosis, and resulting limitations.
How We Build Personal Injury Cases
We develop each claim around the available evidence, the client’s documented losses, and the issues disputed by insurers or other parties.
Initial Consultation
We start by listening to your story. During your free consultation, we can assess the details of your accident, identify potentially responsible parties, and provide straightforward advice. You pay nothing upfront to learn where your case stands.
Investigating the Accident
From gathering accident reports to interviewing witnesses, we investigate the available facts and work with medical and accident reconstruction professionals when appropriate to develop an evidence-backed claim.
Gathering Evidence
Evidence can become harder to obtain as time passes. We act promptly to secure police reports, locate eyewitnesses, preserve traffic or security camera footage, and analyze medical records to build a foundation for liability and damages.
Insurance Negotiations
Insurance companies may delay, deny, or dispute claims. We can present a settlement demand and communicate with insurers on your behalf while evaluating any offer against the losses documented in the claim.
Trial-Ready Representation
While many cases are resolved through negotiation, our attorneys prepare claims for trial when litigation becomes necessary. We can pursue the case in court when disputed liability, damages, or insurance issues prevent an appropriate negotiated resolution.
Do I Have a Valid Personal Injury Claim?
The central issue in many personal injury claims is negligence, meaning another party failed to use reasonable care and caused an injury. We recommend contacting our injury lawyers if any of the following apply:
- Someone else’s carelessness left you with significant medical bills: If another driver, property owner, or company caused an accident that sent you to the emergency room, required surgery, or demanded ongoing physical therapy, the resulting expenses may be relevant to a claim for damages.
- You’re missing work because of an accident you didn’t cause: If your injuries are forcing you to miss paychecks, use paid time off, or remain away from your career, we can evaluate lost wages and other financial effects.
- The insurance company offers a fast settlement: An early offer may arrive before the long-term cost of treatment and missed work is clear. We can review the offer and explain what accepting it may mean for the claim.
- The other party is trying to blame you: If a party or insurer alleges that you contributed to the accident, we can review the evidence and evaluate how Texas proportionate-responsibility rules may apply.
During a free, no-obligation consultation, we can evaluate your claim, explain the legal and insurance issues involved, and recommend a path based on your specific situation.
Frequently Asked Questions
How Much Is My Personal Injury Case Worth?
The value of a case depends on factors such as injury severity, medical expenses, lost income, liability, available insurance, and long-term impacts. Our attorneys can provide a more individualized assessment after reviewing the facts and supporting records.
How Long Does a Personal Injury Case Take?
Some cases settle within months, while others may take a year or longer, especially if litigation becomes necessary. Timing can depend on medical treatment, the complexity of the evidence, disputed responsibility, and whether the insurer makes an acceptable offer.
What Evidence Helps a Personal Injury Claim?
Useful evidence may include:
- Medical records
- Accident reports
- Photographs
- Witness statements
- Surveillance footage
- Medical or accident reconstruction testimony
Personalized Strategy Backed by a Long Legal Legacy
Turner-Monahan, PLLC has served clients since 1973 and reports more than 1,000 cases resolved and more than 200 trusted reviews. We combine personalized attention with customized legal strategies, technology-driven efficiency, and preparation for negotiation or trial.
We work on a contingency-fee basis in personal injury matters. Clients don’t pay attorney fees unless compensation is recovered, and the specific terms are set out in the representation agreement.
Request a Free Personal Injury Consultation
If an accident has left you facing injuries, lost income, an insurance dispute, or allegations of fault, a consultation can clarify your next step. We offer free in-person and virtual consultations for clients throughout Fort Worth, Burleson, Cleburne, and nearby North Texas areas.
Tell us what happened and get guidance based on your specific circumstances. Call (817) 623-0129 to schedule a free consultation with our personal injury attorneys.
Cases Resolved 1,000+
