Accidents happen every day in Texas, from city streets to rural job sites. Thousands of victims report injuries each year that are serious enough to file a claim.

"Texas' personal injury law is broad, but patterns emerge. Certain types of cases reveal underlying issues in how we regulate safety, assign responsibility, and protect the injured," says Arthur Schechter of Schechter, Shaffer & Harris, LLP – Accident & Injury Attorneys.

If you’ve been injured due to someone else’s negligence and are trying to figure out what to do, here are the types of cases most commonly filed in the state and everything you need to know before you take the next step.

Car Accidents

Texas is a fault-based state for car accidents, which means the driver who caused the wreck is financially responsible for the damages incurred. Unlike some states, Texas does not require personal injury protection (PIP) unless you request it as part of your policy. Many injured drivers don’t realize they can also seek compensation through the at-fault driver’s liability coverage, even if they were partly at fault themselves.

Slip and Fall Cases

In Texas, property owners have different duties depending on whether the injured person was a guest, customer, or trespasser. To bring a successful slip and fall claim, you often need to prove that the owner knew or should have known about the hazard. Timing and documentation matter here.

Photos of the hazard, incident reports, and witness accounts can significantly impact the outcome of a slip and fall case. It’s also advisable to seek medical care immediately and maintain comprehensive records of any injuries. These cases often hinge on minor details, like how long the danger was present and whether the owner had sufficient time to fix it.

Workplace Injuries

Texas is the only state where private employers can opt out of workers’ compensation. If your employer is a “non-subscriber,” you may be able to sue them directly for unsafe conditions. Even when workers’ compensation applies, third-party claims can still be filed if someone else (like a contractor or equipment maker) contributed to your injury.

Pursuing a claim against a non-subscriber employer or third party allows you to seek compensation beyond workers' compensation. This can include full lost wages, pain and suffering, and even punitive damages in some cases. However, proving negligence requires strong legal representation and thorough documentation of your injury and the unsafe conditions that led to it.

Defective Products

Product liability laws in Texas allow injured individuals to file claims against manufacturers, designers, or sellers. You don’t always have to show negligence; you just have to show that the product was unreasonably dangerous when used as intended. This covers everything from faulty brakes to mislabeled medications.

Product liability claims often require expert analysis to show how the defect occurred and why it made the product unsafe. Whether it's a design flaw, manufacturing error, or inadequate warning label, these details can be the difference between a dismissed case and a successful recovery. It's also imperative to preserve the product itself, if possible, as it may serve as critical evidence.

Medical Malpractice

Texas has caps on non-economic damages in medical malpractice cases. A claim must also be supported by an expert report within 120 days of filing. Many victims lose their right to recover because they overlook these early procedural steps.

Additionally, these cases often require complex medical evidence and expert testimony. Establishing that a healthcare provider deviated from the accepted standard of care and caused harm requires detailed records and analysis. Claimants may be dealing with institutions with strong legal teams, making it essential to work with a medical malpractice attorney.

Wrongful Death

When someone dies because of someone else’s negligence, the surviving spouse, children, or parents can file a wrongful death lawsuit. There’s also a separate type of claim called a survival action that focuses on the pain and losses the deceased suffered before they passed. Both have a two-year deadline.

Damages in a wrongful death case may include lost earning capacity, loss of companionship, mental anguish, and funeral expenses. Navigating this type of claim can be emotionally challenging, so it is advisable to work with a lawyer.

Dog Bites

Texas doesn’t have a dog bite statute. Instead, courts use the “one bite rule,” which means you often have to show the dog had a history of aggression or the owner failed to control it. Evidence of prior incidents or unsafe handling can significantly impact the outcome of these cases.

Victims can suffer serious physical and emotional trauma from dog attacks, including permanent scarring and post-traumatic stress. Prompt medical treatment and detailed documentation of injuries and statements from witnesses can strengthen a claim. In some cases, local leash laws or animal control records can provide crucial support in proving liability.

Why You Should Involve a Lawyer

Lawyers can assess your case and tell you if your situation fits the legal definition courts use for personal injuries. If you have a viable claim, they gather evidence, interview witnesses, work with experts when needed, and respond to any pushback from the other side. That early work can determine how your case unfolds and help you hold the responsible parties accountable.