You probably have a Texas personal injury case if you can answer “yes” to all five of the questions in this article. Texas isn’t a small-stakes state for these claims. The Texas Department of Transportation logged 244,092 people injured in motor vehicle crashes in 2023 alone, an average of one injury every two minutes (TxDOT Crash Statistics, 2024). Most of those people never speak with a lawyer.
That’s a problem. The five questions below are the same gates we run through during a free intake call at our Carrollton office. If your situation passes all five, you likely have a case worth investigating. If it fails one, you’ll know why before you spend another minute worrying about it.
Key Takeaways
– A valid Texas personal injury case generally requires fault, real injury, measurable losses, fault of 50% or less on your part, and filing within 2 years.
– Texas Civil Practice & Remedies Code §33.001 bars recovery if you’re more than 50% at fault (Texas Legislature, 2024).
– The statute of limitations is 2 years from the date of injury under CPRC §16.003.
– The average bodily injury liability claim paid out at $26,501 in 2023 (Insurance Information Institute, 2024).
– Roughly 95% of personal injury claims settle before trial (U.S. Department of Justice / BJS, 2024).
Was Someone Else at Fault, and Can You Prove It?
Fault is the first gate, and it’s strict. To win a Texas personal injury case, you have to show another party’s negligence caused your injury, then back it up with evidence. The state recorded one reportable crash every 57 seconds in 2023, and police-officer crash reports remain the single most-used liability document in Texas civil cases (TxDOT, 2024).
Citation capsule: Texas requires plaintiffs to prove duty, breach, causation, and damages. TxDOT counted 4,283 traffic fatalities and 244,092 injuries in 2023, and crash report CR-3 forms anchor most liability findings in Texas civil court (TxDOT Crash Statistics, 2024).
What Counts as Proof in Texas?
Strong cases lean on hard evidence, not memory. The most useful items we collect early include:
- The CR-3 crash report (or an incident report for a slip-and-fall)
- Photos of the scene, vehicles, hazards, or injuries
- Names and statements from witnesses
- Surveillance, dashcam, or doorbell video
- 911 audio and dispatch logs
In our intakes, the cases that fall apart fastest are the ones where the client waited a week to call. Surveillance footage at gas stations and grocery stores often loops every 7 to 14 days. Wait too long and the footage is gone for good.
What If Fault Is Shared?
Texas allows shared fault, but with limits. We’ll cover that math in question four. For now, just know that “I think I might have done something wrong too” is not a reason to skip the call.
Were You Actually Injured?
Being shaken up isn’t the same as being injured under Texas law. A real personal injury case requires a documented physical or psychological injury, not just a near-miss or a scary moment. Roughly 1 in 56 Texans needed treatment for a crash injury in 2023, based on TxDOT injury totals against the state’s 30.5 million population (TxDOT, 2024; U.S. Census Bureau, 2024).
Citation capsule: Texas courts require documented injury, not just emotional shock, to support a personal injury claim. TxDOT recorded 244,092 injuries from Texas crashes in 2023, ranging from possible injury to suspected serious injury on the official CR-3 severity scale (TxDOT, 2024).
What Counts as a Compensable Injury?
The injury categories we see most often in DFW intakes:
- Soft-tissue injuries (whiplash, strains, sprains)
- Concussions and traumatic brain injuries
- Fractures, herniated discs, and torn ligaments
- Burns, lacerations, and scarring
- Diagnosed PTSD or anxiety tied to the event
Why Same-Day Treatment Matters
If you walked away thinking “I’m fine, I’ll sleep it off,” you’re not alone. Adrenaline masks pain for hours. The problem is the insurance carrier’s first defense: “If you were really hurt, you’d have gone to the ER.” In our experience reviewing claims across DFW, every 24 hours of delayed treatment can knock measurable value off the medical-specials portion of a settlement, because adjusters argue the gap proves the injury came from something else.
If you’re sore, get checked. Document it. Keep the paperwork.
Did the Injury Cause Measurable Losses?
A case needs damages you can put a number on. Texas law lets you recover economic losses (medical bills, lost wages, future care) and non-economic losses (pain, suffering, mental anguish). The Insurance Information Institute pegs the average paid bodily injury liability claim at $26,501 in 2023, up from $20,235 in 2019 (III, 2024).
Citation capsule: Texas plaintiffs must prove measurable damages, economic and non-economic, to recover. The average bodily injury liability claim paid $26,501 in 2023, a 31% jump over four years driven by medical inflation (Insurance Information Institute, 2024).
Economic Damages You Can Document
These are the receipts. They include:
- Emergency room and hospital bills
- Follow-up care, imaging, physical therapy
- Prescription medications and medical devices
- Lost wages from missed work
- Reduced earning capacity if you can’t return to your job
- Property damage to your vehicle or belongings
Non-Economic Damages
These are harder to quantify but very real:
- Physical pain and suffering
- Mental anguish, anxiety, sleep loss
- Loss of enjoyment of life
- Disfigurement or scarring
- Loss of consortium for spouses
Were You 50% or Less Responsible?
Texas is a “modified comparative negligence” state with a 51% bar. Under Texas Civil Practice & Remedies Code §33.001, you can recover only if your share of fault is 50% or less. At 51% or higher, you collect nothing (Texas Legislature, 2024).
Citation capsule: Texas CPRC §33.001 bars recovery if a plaintiff bears more than 50% responsibility. If your fault is 50% or less, your damages are reduced by your percentage, so a $100,000 verdict at 20% fault pays $80,000 (Texas Legislature, 2024).
How Does the Math Work?
A simple example. A jury values your case at $100,000.
- 0% your fault: you receive $100,000
- 20% your fault: you receive $80,000
- 50% your fault: you receive $50,000
- 51% your fault: you receive $0
That cliff at 51% is why insurance carriers fight so hard to push fault percentages onto injured plaintiffs. Even shifting 5 percentage points can save them tens of thousands.
Why You Shouldn’t Self-Diagnose Fault
In a review of intake calls at our Carrollton office across 2024 and 2025, more than a third of callers who said “I think it might have been my fault” turned out to be 25% or less responsible once police reports, traffic-cam footage, and witness statements came in. People are bad at apportioning fault to themselves in the hours after a crash.
This is the question you should never answer alone. A free consult costs nothing and gets the percentage closer to reality.
Are You Within the 2-Year Statute of Limitations?
Texas gives you two years from the date of injury to file a personal injury lawsuit. Miss the deadline and the case is dead, no matter how strong it was. Texas Civil Practice & Remedies Code §16.003 sets the rule for most negligence claims, including auto, truck, premises, and dog bite cases (Texas Legislature, 2024).
Citation capsule: CPRC §16.003 imposes a 2-year statute of limitations on most Texas personal injury claims, measured from the date of injury. Wrongful death claims also get 2 years, measured from the date of death, under CPRC §16.003(b) (Texas Legislature, 2024).
When the Clock Starts and Stops
The clock usually starts the day the injury happened. Limited exceptions can pause it:
- Minors: clock starts at age 18 in most personal injury claims
- Mental incapacity: tolling may apply while incapacitated
- Discovery rule: rare in injury cases, more common in medical malpractice
- Government defendants: notice deadlines run as short as 6 months
Why “I Have Two Years” Is Misleading
Two years sounds like plenty. It isn’t. Investigation, medical treatment, demand letters, and pre-suit negotiation eat months. Most law firms won’t take a case if there are fewer than 6 months left on the clock, because they can’t build it properly. Texas civil cases also take time to resolve, with the Texas Office of Court Administration reporting that contested civil cases routinely run 12 to 24 months from filing to disposition (Texas Office of Court Administration, 2024).
What Should You Do If You Answered “Yes” to All Five?
Talk to a Texas personal injury lawyer before the insurance company calls again. Roughly 95% of personal injury claims settle before trial, but the settlement number is heavily influenced by what happens in the first 30 days (U.S. DOJ / Bureau of Justice Statistics, 2024). Early evidence preservation, medical documentation, and a measured response to adjuster calls all push the final number up.
A consult is free. At our firm, intake runs 24/7 in English and Spanish, and we work on contingency, no fee unless we recover. The five-question screen above is the same one we use to decide whether to investigate further.
Frequently Asked Questions
How long do I have to file a personal injury lawsuit in Texas?
Two years from the date of injury for most claims, under Texas Civil Practice & Remedies Code §16.003 (Texas Legislature, 2024). Wrongful death claims also have a 2-year window measured from the date of death. Claims against government entities can require notice in as little as 6 months, so the practical deadline is often shorter.
What if I was partly at fault for the accident?
You can still recover in Texas as long as your share of fault is 50% or less, under CPRC §33.001 (Texas Legislature, 2024). Your damages are reduced by your percentage of fault. At 51% or more, you recover nothing. Insurance adjusters know this and often try to push fault onto injured plaintiffs.
Do I need a lawyer for a small personal injury claim in Texas?
Not always, but the data favors representation. The Insurance Research Council has long reported that represented claimants recover roughly 3.5 times more on bodily injury claims than unrepresented ones, even after fees (Insurance Research Council via III, 2024). Most Texas personal injury attorneys, including our firm, offer free consultations and contingency fees.
How much is my Texas personal injury case worth?
It depends on medical bills, lost wages, severity, and fault percentage. The Insurance Information Institute reported the average paid bodily injury liability claim at $26,501 in 2023 (III, 2024). Severe injury cases involving permanent disability or wrongful death often resolve for substantially more. A free consultation can give you a realistic range.
How long does a Texas personal injury case take to resolve?
Most settle in 6 to 18 months. Cases that go to litigation can run 12 to 24 months or longer, consistent with Texas Office of Court Administration data on civil case duration (Texas Office of Court Administration, 2024). Severity, treatment timeline, and insurance company cooperation are the biggest variables. Don’t rush a settlement before your medical picture is clear.
Final Thoughts: Use the Five-Question Screen Before You Call Anyone
The five questions in this article are a screen, not a verdict. Fault, injury, damages, your share of responsibility, and the 2-year clock under CPRC §16.003 decide whether a Texas personal injury case is worth filing. If you answered “yes” to all five, you likely have a viable claim. If you’re unsure on one or two, that’s exactly what a free consultation is for.
Don’t talk to the other driver’s insurance adjuster before talking to a lawyer. Don’t sign a recorded statement. Don’t accept a quick check that asks you to release future claims. The first 30 days set the tone for the entire case, and a 15-minute call can save you from giving up leverage you can’t get back.
Free 24/7 consultation, English or Spanish: (469) 484-4412.
Past results do not guarantee future outcomes. This article is general information, not legal advice. Reading it does not create an attorney-client relationship. For advice on your specific situation, contact Martinez Injury Law for a free 24/7 consultation: (469) 484-4412.
Anthony Martinez, Personal injury attorney serving the DFW Metroplex. State Bar of Texas #24137488. Also licensed in North Carolina (#63179) and Oklahoma (#36012). J.D. Barry University Dwayne O. Andreas School of Law. Bilingual (English & Spanish). Free 24/7 consultation: (469) 484-4412.
Jacquelyn Martinez, Owner and Attorney of Martinez Injury Law, PLLC. State Bar of Texas #24137485. J.D. Barry University Dwayne O. Andreas School of Law. Free 24/7 consultation: (469) 484-4412.