Modified Comparative Negligence (51% Bar)
Texas follows modified comparative negligence with a 51% bar (Texas Civil Practice and Remedies Code § 33.001). Plaintiff is barred from recovery if more than 50% at fault. If 50% or less at fault, damages are reduced proportionally.
No Cap
No limit on non-economic damages
2 years for personal injury
Deadline to file your lawsuit
Texas follows modified comparative negligence with a 51% bar (Texas Civil Practice and Remedies Code § 33.001). Plaintiff is barred from recovery if more than 50% at fault. If 50% or less at fault, damages are reduced proportionally.
Example:
If plaintiff is 30% at fault for $100k damages, they recover $70,000. If plaintiff is 51% or more at fault, they recover $0.
Medical malpractice has specific caps; no general PI caps
$0
Based on reported cases in Texas
28,506
Personal injury lawsuits per year
Texas has produced several influential personal injury cases that reflect its modified comparative negligence system. The Duncan v. Cessna Aircraft Co. (1984) case helped establish Texas product liability standards, holding manufacturers accountable for defective designs even when products were used in unusual ways.
One of Texas's largest personal injury verdicts came in the Ernst v. Merck case (2005), where a Vioxx-related death resulted in a $253 million verdict, later reduced but still significant. This case highlighted Texas juries' willingness to hold pharmaceutical companies accountable.
The state has seen numerous significant trucking accident verdicts due to its extensive commercial vehicle traffic on I-35, I-10, and I-20. A 2019 case against Werner Enterprises resulted in a $90 million verdict for a family injured by a fatigued truck driver. Texas courts take commercial vehicle safety seriously.
Recent years have brought major settlements in oilfield accident cases, reflecting Texas's energy industry. Worker injuries involving drilling equipment have produced settlements ranging from hundreds of thousands to tens of millions of dollars, depending on injury severity. The Texas Deceptive Trade Practices Act has also been used alongside negligence claims to enhance recoveries in certain cases.
Texas personal injury cases are filed in District Courts with jurisdiction over civil matters. Texas has 457 district courts, with major metropolitan areas like Houston, Dallas, and San Antonio having multiple courts. Cases may also be filed in County Courts at Law for smaller claims.
Texas follows a Level 1, 2, or 3 discovery plan based on the amount in controversy. Level 1 (under $100,000) has limited discovery, while Level 3 allows extensive discovery including multiple depositions. This tiered system helps manage litigation costs proportionally to case value.
The state requires expert reports in medical malpractice cases within 120 days of the defendant's answer, a strict requirement that has dismissed many cases. For other personal injury cases, expert disclosure deadlines are set by the court's scheduling order.
Texas courts actively use mediation, and many counties require mediation before trial. The state also offers expedited actions for claims under $100,000. Despite tort reform efforts, Texas remains an active jurisdiction for personal injury litigation, with cases typically reaching trial within 12-24 months in urban areas.
Texas attorneys must be licensed by the State Bar of Texas. For personal injury cases, look for attorneys who are board certified in Personal Injury Trial Law, a distinction held by only about 3% of Texas lawyers. Board certification indicates advanced expertise and experience.
The Texas Trial Lawyers Association (TTLA) is the state's leading plaintiff attorney organization. TTLA members often have strong trial experience and access to resources that benefit their clients. Ask potential attorneys about their TTLA involvement and trial experience.
Given Texas's 51% modified comparative fault rule, your attorney must be skilled at fighting allegations of contributory negligence. If you're found 51% or more at fault, you recover nothing. Experienced Texas attorneys know how to present evidence that minimizes client fault.
Texas has significant Spanish-speaking populations in border regions, Houston, and Dallas-Fort Worth. Many attorneys offer bilingual services. Standard contingency fees in Texas range from 33% to 40%, with higher percentages if the case goes to trial.
Texas has a 2-year statute of limitations for most personal injury claims under Texas Civil Practice and Remedies Code § 16.003. This includes car accidents, slip and falls, and most other negligence claims. The clock typically starts on the date of injury.
Medical malpractice claims in Texas also have a 2-year deadline but with an important caveat: there's a 10-year statute of repose for claims involving foreign objects left in the body during surgery. The discovery rule can delay the start of limitations in cases where injuries weren't immediately known.
Claims against Texas governmental entities under the Texas Tort Claims Act require notice within 6 months for cities and counties. Minors have until their 20th birthday (2 years after turning 18) to file claims. Property damage claims have a different 2-year limitation period.
This calculator provides estimates only and is not legal advice. Laws in Texas are complex and individual case results vary. Consult a licensed Texas attorney for advice specific to your case.