How Do You Know if You Have a Personal Injury Case in Texas?

 Posted on August 20, 2026 in Personal Injury

You likely have a personal injury case in Texas if someone else's negligence caused your injury. That negligence must have led to real damages like medical bills, lost wages, or pain and suffering. If someone else's carelessness left you injured in 2026, our Dallas, TX personal injury lawyer can help you understand whether your situation qualifies for a claim.

What Makes an Injury Someone Else's Fault Under Personal Injury Law?

You generally need to show four things to have a valid personal injury case. One, another person or company owed you a duty of care. Two, they breached that duty through negligent or reckless behavior. Three, this breach directly caused your injury. Four, your injury resulted in damages.

Under Texas Civil Practice and Remedies Code Section 33.001, Texas follows a comparative negligence system. This means you can still recover compensation even if you were partially at fault. Your share of responsibility just can’t be more than 50 percent.

You don't need to prove the other party was 100 percent responsible for the accident. You may still have a valid claim even if you share some blame for what happened. Your compensation would be reduced based on your percentage of fault, though.

What Counts as a Breach of Duty?

A breach of duty happens when someone fails to act as a reasonably careful person would under similar circumstances. This can include a driver running a red light, a property owner ignoring a known hazard, or a doctor failing to follow accepted medical standards. The specific facts of your situation determine whether the other party's actions actually fell below this reasonable standard.

What Types of Accidents Commonly Lead to Personal Injury Claims in Texas?

Personal injury claims can arise from many different situations. Identifying the type of accident often helps determine what evidence and legal standards apply to your case. Common examples include:

• Motor vehicle accidents
• Slip and fall accidents on poorly maintained property
• Dog bites
• Injuries caused by defective products
• Workplace accidents
• Medical malpractice

Injuries caused by another person's intentional actions can also form the basis of a personal injury claim. Each of these categories often involves different legal procedures and requirements specific to that type of case.

What Damages Can You Recover in a Texas Personal Injury Case?

You may be entitled to compensation covering several different types of losses if your claim is successful. This includes medical expenses, both past and future. It also includes lost wages if your injury kept you from working. Pain and suffering related to the accident and your recovery is another form of compensation.

Compensation may also account for long-term care needs, reduced earning capacity, and diminished quality of life going forward in cases involving severe or permanent injuries. The specific damages available depend heavily on the severity of your injury and how it has affected your daily life.

What Evidence Helps Prove a Personal Injury Case?

Building a strong personal injury case requires gathering specific evidence that supports your version of events. Helpful evidence includes:

• The official police or incident report from when it happened
• Photos showing the scene, your injuries, and any damaged property
• Statements from anyone who witnessed what took place
• Medical documentation linking your injuries to the incident
• Pay stubs or other records showing how much income you've lost

Act quickly. At Jerry D. Andrews, P.C., we gather information and help you identify recoverable damages.

How Long Do You Have to File a Personal Injury Claim in Texas?

Texas generally requires personal injury claims to be filed within two years of the date of the injury, under Texas Civil Practice and Remedies Code Section 16.003. Missing this deadline can mean losing your right to pursue compensation entirely, even in cases where the other party was clearly negligent.

Gathering evidence and negotiating with insurance companies can take time. Because of this, it's a good idea to speak with an attorney well before this deadline approaches.

Schedule a Free Consultation With Our Carrollton, TX Personal Injury Attorney

Attorney Andrews is board certified by the Texas Board of Legal Specialization in the area of personal injury trials, giving clients confidence in the depth of experience behind their case. Our staff speaks Spanish fluently, allowing us to offer excellent legal service to the Spanish-speaking community as well.

Contact Jerry D. Andrews, P.C. at 214-221-5800 to talk to our Dallas personal injury lawyer today. Every case is handled on a contingency basis, which means you pay no fees or costs unless we win your case.

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