When you’ve been injured due to someone else’s negligence, knowing your rights under Texas law can be the determining factor in securing fair compensation. Personal injury cases in Texas operate under specific statutes and legal principles that have evolved over time, and 2025 brings both continuity and important considerations for injury victims across the state.
At The Kashar Law Firm, P.C., we understand that navigating the complexities of personal injury law while recovering from an accident can feel overwhelming. Our experienced legal team is committed to providing clear guidance and aggressive representation to help you understand your options and fight for the compensation you deserve.
Key Legal Frameworks Governing Texas Personal Injury Cases
Modified Comparative Fault Rule
Texas operates under a modified comparative fault system with a 51% bar rule, which remains unchanged in 2025. This critical principle means:
- If you are found to be 51% or more at fault for the accident, you cannot recover any damages
- If you are 50% or less at fault, you can still recover compensation, but it will be reduced by your percentage of fault
- For example, if you’re awarded $100,000 in damages but found to be 30% at fault, you would receive $70,000
This rule makes establishing fault and liability crucial elements in your case. Insurance companies and opposing counsel will often try to shift blame to reduce their liability, making skilled legal representation essential.
Statute of Limitations: Time is Critical
In Texas, you generally have two years from the date of injury to file a personal injury lawsuit. This applies to:
- Motor vehicle accidents (cars, trucks, motorcycles)
- Slip and fall incidents
- Dog bite injuries
- Medical malpractice cases
- Workplace accidents (in some circumstances)
- Product liability claims
However, there are important exceptions:
- Discovery Rule: In some cases, the clock starts when you discover the injury or should have reasonably discovered it
- Minors: The statute of limitations typically doesn’t begin until a minor reaches age 18
- Defendant’s Absence: If the at-fault party leaves Texas, the time they’re gone may not count toward the two-year limit
Missing this deadline can permanently bar your claim, regardless of how strong your case may be.
Current Challenges in the Texas Insurance Landscape
Increased Insurance Company Scrutiny
In 2025, insurance companies across Texas have implemented more aggressive cost-cutting measures, including:
- More frequent use of independent medical examinations
- Increased surveillance of claimants
- Faster claim closures with lowball settlement offers
- More stringent documentation requirements
These tactics make it more important than ever to have experienced legal counsel who understands insurance company strategies and can counter them effectively.
Rising Medical Costs and Documentation Requirements
Healthcare costs continue to rise in Texas, while insurance companies demand more detailed medical documentation. This creates a challenging environment where:
- Treatment costs may exceed initial settlement offers
- Future medical needs must be carefully calculated
- Proper medical documentation becomes critical to your case
- Expert medical testimony may be necessary
Why Professional Legal Representation Matters
Leveling the Playing Field
Insurance companies have teams of lawyers, adjusters, and investigators working to minimize payouts. Having experienced counsel ensures you have someone fighting exclusively for your interests.
Maximizing Your Recovery
An experienced personal injury attorney can:
- Accurately calculate the full value of your claim
- Gather crucial evidence before it’s lost
- Negotiate with insurance companies from a position of strength
- Prepare your case for trial if necessary
Navigating Complex Legal Procedures
Personal injury cases involve intricate legal procedures, including:
- Proper filing of legal documents
- Meeting court deadlines
- Complying with discovery requirements
- Presenting evidence effectively
The Importance of Acting Quickly
Even though you have two years to file a lawsuit, taking action quickly after an accident is crucial because:
- Evidence can be lost or destroyed
- Witnesses’ memories fade
- Insurance companies may destroy claim files
- Your injuries may worsen without proper treatment
- Early legal intervention can prevent insurance company tactics
Taking the Next Steps
If you’ve been injured in an accident, time is of the essence. The sooner you contact an experienced personal injury attorney, the better your chances of securing full compensation for your injuries.
At The Kashar Law Firm, P.C., we offer free consultations to discuss your case and explain your legal options. We work on a contingency fee basis, meaning you pay no attorney fees unless we secure compensation for you.
Don’t let insurance companies take advantage of you during this difficult time. Contact The Kashar Law Firm, P.C. today to schedule your free consultation and take the first step toward getting the justice and compensation you deserve.
Remember: Your recovery is our priority, and your rights are our responsibility. Let us handle the legal complexities while you focus on healing.