Texas Personal Injury Laws

When an injury could not reasonably have been discovered at the time it occurred, the statute begins running from the date the injury was or should have been discovered.

The statute of limitations does not begin running until a minor reaches age 18.

Wrongful death actions must be commenced within 2 years after the date of death.

Claims against a governmental entity require formal notice within 6 months of the incident. The lawsuit must still be filed within 2 years.

Texas does not impose a statutory cap on compensatory damages in personal injury cases.

Exemplary damages are capped at the greater of (1) $200,000 or (2) two times the amount of economic damages plus an amount equal to non-economic damages up to $750,000. Requires clear and convincing evidence of fraud, malice, or gross negligence.

Civil filing fees in Texas district courts vary by county. Fees typically range from $250 to $350.

Cases are generally filed in the county where the cause of action arose or where any defendant resides.

Each defendant is liable only for the percentage of damages equal to their percentage of responsibility, unless they are found more than 50% responsible, in which case they are jointly and severally liable.

A wrongful death action may be brought by the surviving spouse, children, or parents of the deceased. A separate survival action covers damages the deceased could have recovered if they had lived.

A provider of alcoholic beverages may be liable for damages caused by an intoxicated person if the provider served alcohol to the person when it was apparent the person was obviously intoxicated to the extent of being a danger.

Texas follows a modified "one-bite" rule. An owner can be liable if they knew or should have known the dog had dangerous tendencies. Owners of legally declared "dangerous dogs" face strict liability.