Texas Defense Team
TEXAS DEFENSE TEAM
Defending your Rights

Personal Injury — All 254 Texas Counties

Injured in Texas? We Work on Contingency — You Pay Nothing Unless We Win.

Insurance companies start working against you from the moment of the accident. Texas Defense Team handles personal injury cases statewide: car accidents, 18-wheeler crashes, motorcycle accidents, slip and fall, and wrongful death. No fee unless we recover for you.

📞 (512) 599-9000Free Case Evaluation — No Fee Unless We WinOr submit your case online →

How Long Do I Have to File a Personal Injury Claim in Texas?

Texas law gives you two years from the date of injury to file a personal injury lawsuit under Tex. Civ. Prac. & Rem. Code §16.003. This deadline — the statute of limitations — is firm. Missing it permanently bars your claim even if liability is clear and your damages are severe.

Key exceptions:

Discovery rule: If your injury was not immediately apparent (latent injuries, toxic exposure), the two-year clock may start from when you discovered or reasonably should have discovered the injury.

Government entities: Claims against Texas state agencies or local governments require a formal notice of claim within 6 months under §101.101, with the lawsuit still filed within 2 years.

Minors: The statute of limitations is tolled during minority — it begins running on the injured person’s 18th birthday.

Do not wait. Evidence disappears, witnesses’ memories fade, and surveillance footage is routinely overwritten within days.

Texas Law Citations
  • Tex. Civ. Prac. & Rem. Code §16.003Two-year statute of limitations for personal injury
  • Tex. Civ. Prac. & Rem. Code §101.101Government tort claims — 6-month notice requirement
Don't Wait — Free Case Evaluation📞 (512) 599-9000Or submit your case online →

How Texas Comparative Fault Works — And Why It Matters

Texas follows a modified comparative fault rule under Tex. Civ. Prac. & Rem. Code §33.001. You can recover damages as long as you are not more than 50% at fault for the accident. Your recovery is reduced by your percentage of fault.

Example: If your damages are $100,000 and you are 20% at fault, you recover $80,000. If you are found 51% or more at fault, you recover nothing.

Insurance companies exploit this rule from the first phone call. Their adjusters are trained to gather statements from injured parties in the hours after an accident — when you are shaken and unrepresented — looking for anything that shifts fault onto you. Before you speak to any insurance adjuster, speak to an attorney.

Texas Law Citations
  • Tex. Civ. Prac. & Rem. Code §33.001Modified comparative fault — 51% bar rule

What Damages Can I Recover in a Texas Personal Injury Case?

Texas personal injury law allows recovery of:

Economic damages: All past and future medical expenses, lost wages, reduced earning capacity, property damage, and out-of-pocket costs caused by the accident. There is no cap on economic damages in most personal injury cases.

Non-economic damages: Pain and suffering, mental anguish, loss of enjoyment of life, physical impairment, and disfigurement. In standard personal injury cases (not medical malpractice), there is no statutory cap on non-economic damages.

Exemplary (punitive) damages: Available under Tex. Civ. Prac. & Rem. Code §41.003 when the defendant’s conduct was fraudulent, malicious, or grossly negligent. Caps apply: the greater of $200,000 or two times economic damages plus up to $750,000 in non-economic damages.

Texas Law Citations
  • Tex. Civ. Prac. & Rem. Code §41.003Exemplary damages — gross negligence standard and caps

Texas Personal Injury Practice Areas

Car Accidents: Texas has some of the highest traffic volume in the United States. Texas Defense Team handles car accident claims statewide — from initial investigation through settlement or trial. We gather police reports, document medical treatment, and negotiate against insurance adjusters trained to minimize payouts.

18-Wheeler and Commercial Truck Accidents: Commercial truck accidents involve layers of liability — the driver, the trucking company, the freight broker, the cargo loader, and the vehicle manufacturer may each bear responsibility. Federal motor carrier regulations under 49 C.F.R. govern hours of service, vehicle maintenance, and cargo securing — violations establish negligence per se.

Motorcycle Accidents: Motorcyclists are seriously injured in accidents that would be minor for passenger vehicles. Texas Defense Team fights against the bias motorcycle riders face in negotiations and at trial.

Slip and Fall / Premises Liability: Texas property owners owe a duty of care to lawful visitors under Tex. Civ. Prac. & Rem. Code Chapter 75 and related common law. When a dangerous condition causes injury, the property owner may be liable.

Wrongful Death: When a family member’s death was caused by negligence, Texas law allows surviving spouses, children, and parents to bring a wrongful death claim under Tex. Civ. Prac. & Rem. Code §71.004. Recoverable damages include pecuniary loss, loss of companionship, and mental anguish.

Texas Law Citations
  • Tex. Civ. Prac. & Rem. Code §71.004Wrongful death — who may bring a claim and damages
No Fee Unless We Win — Free Evaluation📞 (512) 599-9000Or submit your case online →

Frequently Asked Questions

Do I need a lawyer for a Texas car accident?+

For any accident involving significant injuries, medical bills, missed work, or disputed fault — yes. Insurance companies are represented by adjusters and attorneys whose job is to minimize payouts. Studies consistently show that represented accident victims recover substantially more than unrepresented claimants, even after attorney fees. The consultation is free and carries no obligation.

How long does a Texas personal injury case take?+

Most Texas personal injury cases settle before trial — typically within 6 to 18 months for cases with clear liability and documented injuries. Cases with disputed liability, serious injuries, government defendants, or commercial trucking often require extensive investigation and take longer. We keep you informed throughout the process.

What if the at-fault driver has no insurance in Texas?+

Texas requires minimum liability insurance of $30,000/$60,000/$25,000 under Tex. Transp. Code §601.072. If the at-fault driver is uninsured or underinsured, your own UM/UIM coverage provides a recovery path. Texas law requires insurers to offer uninsured/underinsured motorist coverage — if you declined it, additional options may still be available through a direct lawsuit against the at-fault driver.

How do Texas contingency fees work?+

On a contingency fee arrangement, you pay no attorney fees unless we recover for you. If we win or settle, our fee is a percentage of the recovery — typically 33% before a lawsuit is filed, 40% if a lawsuit is filed, and higher percentages if the case goes to trial or appeal. All fee arrangements are explained clearly in your representation agreement. You owe nothing if we do not recover.

What should I do immediately after a car accident in Texas?+

Call 911 and stay at the scene. Get medical attention even if you feel fine — adrenaline masks injuries and symptoms can appear days later. Document everything: photographs of the vehicles, the scene, road conditions, and any visible injuries. Collect the other driver’s insurance information and contact information from any witnesses. Do not give a recorded statement to any insurance company before speaking with an attorney. Call Texas Defense Team at (512) 599-9000.

No fee unless we win. Free case evaluation — call now.📞 (512) 599-9000Or submit your case online →
Last reviewed by Stephen T. Bowling, September 2026. Texas Defense Team is a DBA of Steve Bowling Law, PLLC. This content is for general informational purposes only and does not constitute legal advice. Contact us at (512) 599-9000 for advice specific to your situation.
📞 (512) 599-9000 — Free Consultation