Understanding the Scope of Personal Injury Law in Texas
Personal injury law exists to hold negligent parties accountable and to give victims the right to pursue compensation. Injury cases arise under “tort law“. Among the various cases, some common personal injury claims in Texas arise when someone suffers harm due to another party’s negligence, recklessness, or intentional misconduct; tort law may apply.
Personal injury lawsuits can involve a wide range of scenarios—from vehicle collisions and slip-and-fall injuries to medical negligence and wrongful death. Understanding each category of claim helps injured individuals make informed decisions about pursuing their legal rights.
Top Personal Injury Case Types in Texas
Car Accident Injury Claims
Car accidents are the leading cause of personal injury lawsuits. Over 6 million crashes occur each year, with victims often sustaining head trauma, broken bones, and permanent disabilities. According to the Texas Department of Transportation, 251,997 people were injured in car crashes in the state in 2024.
Insurance companies typically offer lowball settlements. With legal representation, injured parties can recover fair compensation for:
- Emergency medical treatment
- Ongoing rehabilitation and therapy
- Vehicle damage and replacement
- Lost wages and diminished future earning capacity
- Pain, suffering, and mental anguish
- Negligent driving behaviors—such as distracted driving, speeding, impaired driving, and running red lights—are central to liability.
The earlier you hire an attorney for a car accident case, the better for your insurance claim.
18-Wheeler and Commercial Truck Accident Claims
Collisions with large trucks and other commercial vehicles are often severe due to the disparity in vehicle size and weight. Texas had 39,393 accidents involving a commercial vehicle, according to the Texas Department of Transportation.
Truck accident lawsuits are complex and can involve multiple parties, such as:
- Truck drivers violating hours-of-service rules
- Carriers failing to maintain fleet safety
- Logistics firms are negligently hiring unqualified drivers
- Defective truck parts or equipment failures
Trucking companies are regulated under the Federal Motor Carrier Safety Administration (FMCSA) and the State of Texas, and violations of those safety regulations can significantly bolster liability claims. Victims may recover compensation from both the driver and the trucking company.
Motorcycle Accident Injury Crashes
Motorcyclists face serious risks from negligent motorists who fail to yield, change lanes improperly, or tailgate. Common motorcycle accident injuries include:
- Severe abrasions and road rash
- Fractures and joint dislocations
- Spinal injuries
- Brain trauma, even with helmet use
Motorcycle accident cases must overcome the bias many people hold regarding the dangers of riding a motorcycle. Getting top legal help is recommended.
Slip and Fall Accidents
Slip and falls come under premises liability law, which requires property owners to maintain reasonably safe conditions for visitors. Documenting the cause of the fall at the scene should always be done.
Medical Malpractice Cases
Medical malpractice claims in Texas require expert witness testimony from similarly credentialed professionals. Many jurisdictions, such as Texas, impose damage caps and burdensome requirements for filing a lawsuit, making it difficult to find legal representation.
Defective Product and Product Liability Lawsuits
Consumers harmed by dangerous products may bring product liability claims. These cases can involve electronics, motor vehicles, or children’s toys. Three types of product defects typically support claims:
- Design defects that make all units unsafe
- Manufacturing defects affecting specific batches
- Failure to warn or inadequate labeling
Strict liability often applies, meaning negligence does not need to be proven—only that the product was unreasonably dangerous and defective and caused harm. These cases frequently evolve into multi-district litigation or class actions.
Workplace Accident Injury Claims
While workers’ compensation typically bars employees from suing their employers, exceptions exist for:
- Gross negligence
- Third-party liability (e.g., equipment manufacturers, subcontractors)
Common workplace injuries include:
- Crush injuries from heavy machinery
- Electrocution from unsafe wiring
- Toxic exposure to harmful chemicals
- Falls from scaffolding and rooftops
Construction, oil and gas, manufacturing, and agriculture rank among the most dangerous industries. Injured workers may be entitled to benefits, as well as additional damages, when third-party negligence contributes to the incident.
Dog Bites and Animal Attack Injuries
Dog owners are responsible for the injuries their pets cause. Texas follows the” one-bite rule”. Yet, an owner may be liable for not having a dog on a leash.
PTSD and emotional distress, especially in children. Homeowner’s insurance often covers dog bite claims, though some policies exclude high-risk breeds. Legal counsel can help overcome policy exclusions and prove liability.
Wrongful Death Claims
After a fatal accident caused by another, Texas allows immediate family members to file a wrongful death lawsuit to recover compensation for their loss. If the decedent did not die immediately, the estate of the deceased can sue in a survival action to collect the injury damages the victim suffered before death.
Other Personal Injury Case Types
Pedestrian Accidents
Often, pedestrians are struck while crossing at a crosswalk.
Nursing Home Injury
Texas medical malpractice damage limitations also apply to nursing home cases, making it difficult to find an attorney.
Construction Site Accidents
Construction accidents involve scaffold collapses, falls, electrocution, and trench cave-ins. Multiple parties, like general contractors or others, may be liable, including:
We recommend consulting with an experienced construction accident lawyer who is familiar with OSHA regulations and industry safety standards.
Contact the Personal Injury Lawyers at Baumgartner Law Firm in Houston for Help
Since 1985, our expert injury lawyers at Baumgartner Law Firm have fought for maximum compensation for accident victims.
Do not let insurance companies dictate the outcome. Seek dedicated, experienced legal counsel to protect your future.
Contact the Houston personal injury law firm of Baumgartner Law Firm at (281) 587-1111.
Baumgartner Law Firm
6711 Cypress Creek Pkwy
Houston, TX, 77069
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