How to File a Personal Injury Lawsuit in Texas

To file a personal injury lawsuit in Texas, you file a written petition in the correct court, pay the filing fee, and formally serve the person or company you are suing. In most cases, all of this must happen within two years of the injury, which is why many injured people speak with aDallas Personal Injury Lawyer early in the process.

The process sounds simple, but Texas has strict deadlines, fault rules, and notice requirements that can end a case before it starts. This guide walks you through each step, from gathering evidence to what happens after you file.

This article is general information, not legal advice. Every case depends on its own facts.

Know Your Filing Deadline First

Before anything else, check the calendar. In Texas, you generally have two years from the date of your injury to file a personal injury lawsuit, under Texas Civil Practice and Remedies Code Section 16.003.

This deadline is called the statute of limitations. It covers most negligence claims, including car accidents, truck crashes, slip and falls, and dog bites.

Missing it is usually fatal to your case. If you don't file within the two-year window, the claim will likely be barred, and Texas civil courts will not hear it.

Exceptions That Change the Clock

A few situations pause or shorten the deadline:

Minors and people with disabilities: Texas pauses the deadline for people under 18 and for people who are mentally incapacitated when the injury happens.
Defendant leaves Texas: If the defendant is out of state and that absence prevents you from suing them, the time they are gone doesn't count toward the deadline.
Wrongful death: The two-year clock runs from the date of death.
Government defendants: Claims against a city, county, or state agency usually require written notice within six months of the incident, and some cities require notice even sooner.

When in doubt, assume the shortest deadline applies and act early.

Confirm You Have a Valid Claim

A lawsuit needs more than an injury. In a typical negligence case, you must show four things:

The other party owed you a duty of care.
They breached that duty.
The breach caused your injury.
You suffered real damages, such as medical bills or lost wages.

How Texas Handles Shared Fault

Texas uses a modified comparative fault system, often called the 51% rule. Under Chapter 33 of the Texas Civil Practice and Remedies Code, you cannot recover damages if you are more than 50% responsible for your injury.

If you are 50% or less at fault, your award is reduced by your share of blame. For example, if you are found 40% responsible and your total damages are $100,000, you would receive $60,000.

This is why insurers work hard to shift blame onto injured people. Even a small change in the fault percentage can cost you thousands of dollars.

Step-by-Step: How to File a Personal Injury Lawsuit in Texas

Step 1: Get Medical Care and Keep Records

Your health comes first, and your medical records become the backbone of your case. See a doctor right away, even if you feel fine, since some injuries appear days later.

Keep every bill, prescription receipt, and treatment note. Follow your doctor's plan, because gaps in treatment give insurers a reason to argue you weren't really hurt.

Step 2: Gather Evidence

Strong evidence makes a strong case. Collect as much as you can while it is still fresh:

Photos and videos of the scene, vehicles, and injuries
Police or incident reports
Names and phone numbers of witnesses
Pay stubs showing lost income
A simple daily journal of your pain and limitations

Security footage is often deleted within days, so ask businesses to preserve it quickly.

Step 3: Try to Resolve the Claim With Insurance

Most Texas injury cases start as insurance claims, not lawsuits. You or your attorney usually send a demand letter to the at-fault party's insurer that lists your injuries, costs, and the amount you want.

Many cases settle at this stage. If the insurer denies the claim, offers too little, or stalls until the deadline gets close, filing a lawsuit becomes the next step.

Filing a lawsuit does not mean the case will go to trial. It puts legal pressure on the other side and preserves your right to recover.

Step 4: Choose the Right Court and Venue

Texas has several trial courts, and the right one depends mostly on how much money you are seeking:

Justice court: Small claims up to $20,000
County court at law: Mid-sized claims, generally up to $250,000
District court: Larger claims, and the most common court for serious injury cases

Venue means the county where you file. In most personal injury cases, that is the county where the accident happened or where the defendant lives or has its main office.

Step 5: Draft and File the Original Petition

The lawsuit officially begins when you file a document called the Plaintiff's Original Petition. It must include:

The names of the parties
The facts of what happened
The legal basis for your claim, such as negligence
The damages you are seeking
A statement of the relief range, as required by Texas Rule of Civil Procedure 47

Petitions are filed electronically through the statewide eFileTexas system in most courts. You will pay a filing fee, which usually runs a few hundred dollars in district court and varies by county.

Step 6: Serve the Defendant

Filing the petition is not enough. The defendant must be formally notified through a document called a citation, delivered by a sheriff, constable, or certified private process server.

Once served, the defendant has a short window to respond. Their written answer is due by 10:00 a.m. on the first Monday after 20 days have passed since service.

If the defendant fails to answer, you may be able to ask the court for a default judgment.

What Happens After You File

Discovery

Discovery is the phase where both sides exchange information. It includes written questions (interrogatories), document requests, and depositions, which are recorded interviews under oath.

Parties now exchange initial disclosures early in the case, which speeds things up.

Smaller cases may move on a faster track. Under Texas Rule of Civil Procedure 169, suits seeking $250,000 or less follow an expedited process with limited discovery, a quicker trial date, and limited trial time. The catch is that you cannot collect more than $250,000 under this process, even if a jury awards more.

That trade-off matters. Choosing the expedited track can save time and money, but it limits what you can recover.

Mediation and Settlement

Many Texas courts require mediation before trial. A neutral mediator meets with both sides and helps them work toward a settlement.

The vast majority of personal injury lawsuits settle before a verdict, often during or shortly after mediation.

Trial

If the case does not settle, it goes to trial before a judge or jury. Both sides present evidence and witnesses, and the jury decides fault and damages.

Either party may appeal after trial, which can add months or years before payment.

Special Rules for Certain Texas Injury Claims

Some cases carry extra requirements beyond the standard filing process.

Medical malpractice. You must send written notice to each health care provider at least 60 days before filing suit. After each defendant answers, you have 120 days to serve an expert report supporting your claim. Noneconomic damages against physicians are capped at $250,000.

Claims against the government. The Texas Tort Claims Act limits when you can sue a government entity and caps damages. The six-month notice requirement is strictly enforced.

Product liability. These claims generally have a two-year deadline plus a 15-year outer limit.

What Damages Can You Recover in Texas?

Texas allows three main types of damages in personal injury cases:

Economic damages: Medical bills, future medical care, lost wages, lost earning capacity, and property damage
Noneconomic damages: Physical pain, mental anguish, disfigurement, physical impairment, and loss of enjoyment of life
Exemplary (punitive) damages: Available only when the defendant acted with gross negligence, malice, or fraud, and subject to statutory caps

For ordinary cases, noneconomic damages remain uncapped. Senate Bill 30, a 2025 tort reform bill that aimed to limit damages, died when lawmakers could not agree on a final version before the session ended in June 2025.

As a result, Texas still has no general cap on pain and suffering in an ordinary personal injury or wrongful death case. Separate limits still apply to medical malpractice claims, claims against government units, and exemplary damages.

Future legislative sessions may bring new proposals, so check the current law when you file.

Common Mistakes That Hurt Texas Injury Cases

Small missteps can shrink or destroy a valid claim. Avoid these:

Waiting too long. Evidence disappears, witnesses forget, and the two-year deadline gets closer.
Giving a recorded statement to the other insurer. Adjusters may use your words to shift fault onto you.
Posting on social media. A single photo can be used to argue your injuries aren't serious.
Accepting the first offer. Early offers often ignore future medical costs.
Skipping medical appointments. Gaps in treatment weaken your damages claim.
Filing in the wrong court. A venue or jurisdiction error can delay your case and add costs.

Do You Need a Lawyer to File in Texas?

You can legally file a personal injury lawsuit on your own. However, Texas procedure is technical, and defendants are almost always represented by experienced insurance lawyers.

An attorney handles the petition, service, discovery, expert witnesses, and settlement talks. They also know how to counter the 51% fault argument and value long-term damages accurately.

Most injury attorneys work on a contingency fee. You pay nothing upfront, and the lawyer is paid a percentage only if you recover money.

A free consultation will tell you whether your claim is worth pursuing and which court it belongs in.

Final Thoughts

Filing a personal injury lawsuit in Texas comes down to a clear sequence:

Act within two years.
Build your evidence.
Try to settle with insurance.
File a petition in the right court.
Serve the defendant properly.

From there, discovery, mediation, and possibly trial decide the outcome. Knowing the 51% fault rule, the special notice rules, and the damages available helps you avoid costly mistakes.

The earlier you start, the stronger your case will be.