What is the statute of limitations for personal injury claims in Texas?

2 years from date of injury. Source: Tex. Civ. Prac. & Rem. Code § 16.003. Filing after the period expires generally bars the claim absent a recognised tolling exception (minority, incapacity, or in some jurisdictions delayed discovery of the injury).

Are there caps on damages in Texas?

Yes — Texas applies the following caps: Medical malpractice cap ($250,000 per claimant for all physicians; $250,000 per institution, $500,000 for all institutions) under Tex. Civ. Prac. & Rem. Code § 74.301; Punitive damages cap (Greater of $200k or 2× economic + $750k non-economic) under Tex. Civ. Prac. & Rem. Code § 41.008. See the caps section above for the conditions under which each applies.

Does Texas operate a no-fault auto insurance scheme?

No. Texas is a traditional tort jurisdiction for auto claims. The at-fault driver's insurer is the primary source of recovery.

How are settlements typically valued in Texas?

Practitioners and adjusters in Texas value claims using the same building blocks applied across United States: medical specials, future care projections, lost earnings (past and future), and general damages for pain and suffering. The fault rule (modified comparative, 51% bar) and any applicable cap then adjust the gross figure. Caps in this state can compress the upper end of the band materially, particularly in catastrophic-injury cases.

Should I hire a Texas attorney for a personal injury claim?

For anything beyond a clear soft-tissue claim with admitted liability and modest damages, yes. Texas's fault rule and any applicable caps materially affect the calculus, and adjusters value represented claims significantly higher than unrepresented ones. Most Texas personal injury attorneys work on contingency (no fee unless you recover), with fees typically in the 33–40% range.

★ US · South

Personal injury in
Texas.

By MyClaimWorth EditorialReviewed by Abd Shanti, FounderPublished 9 May 2026Updated 26 October 20267 min read

Texas applies modified-51 comparative fault with a hard $250,000 cap on medical-malpractice non-economic damages per defendant ($500,000 aggregate).

Texas operates modified-51 comparative negligence. The medical-malpractice non-economic damages cap under § 74.301 is among the most stringent in the US: $250,000 per defendant healthcare provider, with a $500,000 aggregate cap across all defendants in any single case. Punitive damages are capped at the greater of $200,000 or two times economic damages plus an amount equal to non-economic damages up to $750,000. The PI statute of limitations is two years.

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★ statute of limitations

2 years from date of injury

Tex. Civ. Prac. & Rem. Code § 16.003

★ fault rule

Modified comparative, 51% bar

Modified comparative, recovery barred at 51% claimant fault.

★ TX · statutory caps

What caps recovery.

Caps and ceilings imposed by Texas law that bear on settlement values.

Medical malpractice cap
Med-mal claims
$250,000 per claimant for all physicians; $250,000 per institution, $500,000 for all institutions
Tex. Civ. Prac. & Rem. Code § 74.301
Punitive damages cap
Most tort claims
Greater of $200k or 2× economic + $750k non-economic
Tex. Civ. Prac. & Rem. Code § 41.008

★ TX · key facts

What makes Texas different.

The handful of details that distinguish this jurisdiction from its neighbours.

Modified-51% bar
Hard $250k med-mal cap per defendant ($500k aggregate)
Punitive cap: 2× economic + $750k non-econ, or $200k floor
2-year SOL
Largest PI litigation market in the South

★ TX · by injury

Claim values by injury type.

Reported decisions, the limitation clock, and how fault is apportioned for each injury type under Texas law.

★ TX · court decisions

What Texas courts have decided.

Reported Texas decisions for each injury type, each with a link to the judgment and to the full injury guide.

Whiplash
Rice v. Fix
Texas Court of Appeals · 2018
Zero damages verdict affirmed
Natalie Fix, driving in heavy stop and go interstate traffic, hit the car of Mindy Rice in 2012 and testified she was at fault.
whiplash in Texas →
Whiplash
Carias v. Owens
Texas Court of Appeals · 2022
Directed verdict for defendant affirmed
After an October 2017 collision, Carias sued, dropped the case, and filed again in September 2019, but the other driver was not served until November 2019, after the two year limit.
whiplash in Texas →
Back & spine
Haygood v. De Escabedo
Texas Supreme Court · 2011
$110,069.12 billed; recovery limited to $27,739.43
Aaron Haygood’s car collided with a minivan pulling out of a grocery store lot.
back & spine in Texas →
Back & spine
LMMM Houston 41 v. Santibanez
Texas Court of Appeals · 2018
$120,000 future medical award set aside; affirmed
In 2013 Santibanez slipped on pork lard near the produce aisle of a La Michoacana Meat Market and fell hard on his face, knees and back.
back & spine in Texas →
Head & brain
Argueta v. Gutierrez
Texas Court of Appeals · 2021
About $1.9 million verdict, affirmed in part
Max, age five, fell out of a school bus emergency exit while the bus drove through a Houston neighborhood, suffering a skull fracture and a subdural hematoma.
head & brain in Texas →
Fracture
Towers of Town Lake Condominium Association v. Rouhani
Texas Court of Appeals · 2009
$900,000 lost earning capacity plus pain and other damages, affirmed
At a condominium party, dentist Venus Rouhani was splashed by children in the indoor pool, got up to move, and slipped after two or three steps, landing on her back and right shoulder on a stamped concrete deck painted with six coats of enamel over seven years.
fracture in Texas →
Medical negligence
Regent Care of San Antonio v. Detrick
Texas Court of Appeals · 2020
$10.25 million noneconomic capped at $250,000; judgment $3,399,371
Professor Robert Detrick entered a skilled nursing facility for short term care before hip replacement surgery and presented evidence that he developed incontinence after admission.
medical negligence in Texas →
Workplace
Kroger Co. v. Elwood
Texas Supreme Court · 2006
Verdict for worker reversed; judgment for Kroger
Billy Elwood, a courtesy clerk, was loading groceries into a customer’s car with one hand in the doorjamb and a foot on the cart to stop it rolling down the lot’s slope when the customer shut the door on his hand.
workplace in Texas →
Workplace
Rudolph Automotive v. Juarez
Texas Court of Appeals · 2025
Judgment reversed and remanded
In a dealership lot, a vehicle driven by an employee struck Villegas, who suffered a traumatic brain injury and paralysis and lived in a nursing home until her death in 2020.
workplace in Texas →

★ TX · rules that decide claims

The rules in Texas.

Statutes and rulings that come up again and again in Texas injury claims, each with its source.

Deadline to sue	A person must bring suit for personal injury “not later than two years after the day the cause of action accrues,” and must use diligence to serve the defendant.Tex. Civ. Prac. & Rem. Code § 16.003(a), as quoted in Carias v. Owens (Tex. App. 2022)
Fault rule	“A claimant may not recover damages if his percentage of responsibility is greater than 50 percent”; at 50% or less, damages are reduced by that share.Tex. Civ. Prac. & Rem. Code § 33.001, as quoted in GEICO County Mutual v. Bogale (Tex. App. 2019)
Medical bills	Recovery of medical expenses is “limited to the amount actually paid or incurred by or on behalf of the claimant”; amounts a provider may not charge are excluded.Tex. Civ. Prac. & Rem. Code § 41.0105; Haygood v. De Escabedo (Tex. 2011)
Seat belt use	Admissible to apportion responsibility when relevant to the injuries.Nabors Well Services v. Romero (Tex. 2015), in the MyClaimWorth seat belt chart
Texas jury awards	In 16 Texas jury verdicts for neck and back strain from 2018 to 2025, the median award was $26,292; the 9 rear end verdicts with only strain had a median of $25,000.MyClaimWorth review of 57 Texas car crash appeals, November 2026
Future medical costs	An award for future medical expenses needs evidence of the care reasonably likely to be required; a jury’s $120,000 future medical award was set aside for lack of it.LMMM Houston 41 v. Santibanez (Tex. App. 2018)
Future medical care for children	Juries may award future medical care through the age of majority when supported by evidence; awards without evidence of future impairment can be reversed.Argueta v. Gutierrez (Tex. App. 2021)
Lost earning capacity	An economist’s present value estimate of lost professional earnings can support an award close to that figure.Towers of Town Lake v. Rouhani (Tex. App. 2009)

★ other US jurisdictions

Compare across United States.

How Texas compares with its neighbours in the South on fault rule and limitation period.

Jurisdiction	Fault rule	Limitation
Texas· you are here	Modified comparative, 51% bar	2 years from date of injury
Alabama (AL)	Pure contributory negligence	2 years from date of injury
Arkansas (AR)	Modified comparative, 50% bar	3 years for personal injury; 2 years for medical malpractice
Florida (FL)	Modified comparative, 51% bar	2 years from date of injury (was 4; reduced by HB 837)
Georgia (GA)	Modified comparative, 50% bar	2 years from date of injury
Kentucky (KY)	Pure comparative negligence	1 year for personal injury (one of the shortest in the US)
Louisiana (LA)	Modified comparative, 51% bar	1 year (la prescription), extended to 2 years by Act 423 (2024) for tort claims accruing on or after July 1, 2024
Mississippi (MS)	Pure comparative negligence	3 years from date of injury
North Carolina (NC)	Pure contributory negligence	3 years from date of injury
South Carolina (SC)	Modified comparative, 51% bar	3 years from date of injury
Tennessee (TN)	Modified comparative, 50% bar	1 year from date of injury, among the shortest in the US
Virginia (VA)	Pure contributory negligence	2 years from date of injury
West Virginia (WV)	Modified comparative, 51% bar	2 years from date of injury

Every United States jurisdiction compared

★ TX · frequently asked

Common questions.

Common questions about personal injury claims in Texas, answered with the relevant statutory references.

What is the statute of limitations for personal injury claims in Texas?
2 years from date of injury. Source: Tex. Civ. Prac. & Rem. Code § 16.003. Filing after the period expires generally bars the claim absent a recognised tolling exception (minority, incapacity, or in some jurisdictions delayed discovery of the injury).
What fault rule applies in Texas?
Modified comparative, 51% bar. Modified comparative, recovery barred at 51% claimant fault.
Are there caps on damages in Texas?
Yes — Texas applies the following caps: Medical malpractice cap ($250,000 per claimant for all physicians; $250,000 per institution, $500,000 for all institutions) under Tex. Civ. Prac. & Rem. Code § 74.301; Punitive damages cap (Greater of $200k or 2× economic + $750k non-economic) under Tex. Civ. Prac. & Rem. Code § 41.008. See the caps section above for the conditions under which each applies.
Does Texas operate a no-fault auto insurance scheme?
No. Texas is a traditional tort jurisdiction for auto claims. The at-fault driver's insurer is the primary source of recovery.
How are settlements typically valued in Texas?
Practitioners and adjusters in Texas value claims using the same building blocks applied across United States: medical specials, future care projections, lost earnings (past and future), and general damages for pain and suffering. The fault rule (modified comparative, 51% bar) and any applicable cap then adjust the gross figure. Caps in this state can compress the upper end of the band materially, particularly in catastrophic-injury cases.
Should I hire a Texas attorney for a personal injury claim?
For anything beyond a clear soft-tissue claim with admitted liability and modest damages, yes. Texas's fault rule and any applicable caps materially affect the calculus, and adjusters value represented claims significantly higher than unrepresented ones. Most Texas personal injury attorneys work on contingency (no fee unless you recover), with fees typically in the 33–40% range.

united states · sister site

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★ federal context

Back to United States

All injury bands, statutes, and procedural pathway at the US level.

★ the working

How we derive bands

Per-jurisdiction methodology, estimates, and known limits.

★ standing authority

Sources we cite

The statutes, guidelines and court sites the pages cite.

★ editorial note

This page summarises the Texas statutory framework as of 2026-10-26. It is not legal advice. Statutes change, published verdicts move, and the position within any band depends on facts the page can't see. For representation, consult an attorney qualified in Texas. See /methodology, /sources, and /disclaimer.

Personal injury inTexas.

Personal injury in
Texas.