A personal injury case in Texas arises when someone suffers harm because another person, business, or entity acted negligently, recklessly, or intentionally. Under Texas law, not every accident automatically becomes a valid legal claim. Certain legal elements must be present.
If you are considering filing a claim in Texas, here is what must generally be proven.
1. Legal Duty of Care
The first requirement is that the at-fault party owed you a duty of care. A duty of care is a legal obligation to act reasonably and avoid causing harm to others.
Examples include:
- A driver must follow traffic laws and operate their vehicle safely.
- A property owner must keep their premises reasonably safe.
- A doctor must provide care consistent with accepted medical standards.
Texas courts analyze duty based on established negligence principles under the Texas Civil Practice and Remedies Code.
2. Breach of Duty
You must show that the responsible party breached that duty.
This means they failed to act as a reasonably prudent person would under similar circumstances. Examples:
- A driver running a red light.
- A store ignoring a known spill on the floor.
- An employer failing to maintain safe working conditions.
Without a breach, there is no valid personal injury claim.
3. Causation
Even if someone acted carelessly, you must prove that their actions directly caused your injury.
Texas law requires proof of:
- Cause in fact – The injury would not have occurred “but for” the defendant’s actions.
- Proximate cause – The injury was a foreseeable result of the conduct.
If your injury was unrelated or caused by something else, the claim may fail.
4. Actual Damages
There must be measurable damages. A personal injury case is not based on inconvenience alone.
Compensable damages may include:
- Medical expenses
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Mental anguish
- Property damage
Without provable damages, there is no recovery.
Common Types of Personal Injury Cases in Texas
Some of the most common qualifying cases include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Slip and fall (premises liability)
- Medical malpractice
- Workplace injuries
- Wrongful death
In wrongful death cases, surviving family members may file a claim under the Texas Wrongful Death Act.
Texas Follows Modified Comparative Fault
Texas uses a modified comparative negligence rule under Chapter 33 of the Texas Civil Practice and Remedies Code.
If you are partially at fault:
- You can still recover damages if you are 51% or less responsible.
- Your compensation will be reduced by your percentage of fault.
- If you are more than 50% responsible, you cannot recover damages.
This rule often becomes a central issue in contested injury claims.
Statute of Limitations in Texas
Most personal injury claims must be filed within two years from the date of the injury under Section 16.003 of the Texas Civil Practice and Remedies Code.
If you miss this deadline, your case will likely be dismissed regardless of how strong your claim is.
When an Injury Does Not Qualify
Not every injury qualifies as a personal injury case. Claims may fail if:
- There is no identifiable at-fault party.
- The injury was purely accidental with no negligence.
- There are no measurable damages.
- The statute of limitations has expired.
Why Legal Evaluation Matters
Personal injury law in Texas involves evidence gathering, insurance negotiations, liability analysis, and damage calculations. Insurance companies often dispute:
- Fault
- The severity of injuries
- The amount of damages
- Pre-existing conditions
An experienced Texas personal injury attorney can evaluate whether your situation meets the legal requirements and advise you on the strength of your claim.
Speak With a Texas Personal Injury Attorney
If you believe someone else’s negligence caused your injury, do not assume you either have or do not have a case. The facts matter.
At The Law Office of Udo Ezeamama, we help injury victims understand:
- Whether their case qualifies under Texas law
- What damages they may be entitled to recover
- What steps to take next
If you have been injured in Texas, contact our office today for a consultation and learn how we can protect your rights and pursue the compensation you deserve.
Final Thought on What Qualifies as a Personal Injury Case in Texas?
A valid personal injury case in Texas requires duty, breach, causation, and damages, all supported by evidence. If even one element is missing, recovery may not be possible. Early legal guidance can make the difference between a denied claim and a successful recovery.