Trusted by Texans for over three decades, Carabin Shaw offers skilled legal representation for personal injury victims across the Lone Star State.

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State-Specific Personal Injury Laws You Should Know

Carabin Shaw | Personal Injury Attorneys Serving Midland & Odessa

If you’ve been injured in an accident in Midland or Odessa, understanding Texas personal injury laws is crucial to protecting your rights and maximizing your recovery. Whether you were involved in a car crash, an oilfield accident, a workplace injury, or a slip and fall on private property, your case is governed by state-specific laws that determine who is at fault, how long you have to file a claim, and how much compensation you can recover.

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At Carabin Shaw, we’ve represented injury victims across Texas for over 33 years. Our legal team knows the ins and outs of Texas personal injury law—and we’re committed to helping residents of the Midland-Odessa region pursue fair and full compensation.

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Below, we’ve outlined the most important Texas personal injury laws that can impact your case and how they apply to real-world situations in West Texas.

1. Texas Is a Fault-Based State

Texas follows a fault-based (or “tort”) system, which means the person or party responsible for causing an accident is also responsible for the resulting damages. If you are injured due to someone else’s negligence—whether it’s a distracted driver, negligent property owner, or careless employer—you have the right to file a claim against them or their insurance company.

In practical terms, this means:

• You can file a claim with the at-fault party’s insurance company

• You can file a claim with your own insurance (in some situations)

• You can file a personal injury lawsuit directly against the responsible party

Carabin Shaw investigates every case thoroughly to determine fault, collect evidence, and build a strong claim on your behalf.

2. Texas Follows Modified Comparative Negligence

Texas personal injury cases are also governed by the doctrine of modified comparative negligence, also known as “proportionate responsibility.” Under this rule:

• You can recover damages even if you were partially at fault

• Your compensation will be reduced by your percentage of fault

• If you are found more than 50% at fault, you cannot recover any compensation

For example, if a jury finds you 20% at fault in a car accident and awards $100,000 in damages, you would receive $80,000.

This rule makes it especially important to have a skilled attorney like Carabin Shaw on your side. Insurance companies often try to shift blame onto injury victims to reduce their liability. We fight back with evidence, expert testimony, and aggressive legal strategy to keep the responsibility where it belongs—on the negligent party.

3. Statute of Limitations: Two Years in Most Cases

In Texas, the statute of limitations for most personal injury claims is two years from the date of the injury. If you fail to file a lawsuit within that time, you may lose your right to pursue compensation entirely.

There are some exceptions and nuances depending on the type of case:

• Car accidents: Two-year limit

• Workplace injuries: Two years, unless handled under workers’ compensation

• Wrongful death: Two years from the date of death

• Product liability: Two years from the date the defect was discovered or should have been discovered

• Claims against a government agency: Notice must often be filed within six months of the incident

At Carabin Shaw, we ensure that all necessary paperwork is filed on time and correctly so you don’t lose your case on a technicality.

4. Damage Caps in Texas Personal Injury Cases

Texas does not cap most damages in general personal injury cases, such as car accidents or slip and fall claims. However, there are specific situations where damage caps do apply.

Most notably:

• Medical Malpractice Cases: Non-economic damages (like pain and suffering) are capped at:

  • $250,000 per individual defendant

  • $500,000 total across all healthcare providers

• Punitive Damages: These are capped at the greater of:

  • $200,000

  • Twice the amount of economic damages plus up to $750,000 in non-economic damages

These caps can significantly affect how much compensation you can recover. Carabin Shaw works closely with financial experts to calculate the full value of your case and ensure you get every dollar the law allows.

5. Premises Liability and the Duty of Care

In premises liability cases—such as slip and fall accidents—Texas law requires property owners to maintain safe conditions for certain visitors. However, the duty of care owed to you depends on your legal status at the time of the injury:

• Invitees (e.g., customers in a store): Owed the highest duty of care

• Licensees (e.g., social guests): Owed a moderate duty of care

• Trespassers: Owed limited protection, except for children (attractive nuisance doctrine)

To succeed in a premises liability claim, you must show the owner knew (or should have known) about the hazard and failed to fix or warn about it.

Our attorneys in Midland-Odessa are skilled at proving these cases using surveillance footage, maintenance logs, and witness statements.

6. Texas Wrongful Death Law

Texas law allows certain family members to file a wrongful death lawsuit if a loved one is killed due to another party’s negligence. Eligible plaintiffs include:

• Surviving spouse

• Children

• Parents of the deceased

Compensation can cover funeral expenses, medical bills, loss of companionship, lost income, and emotional suffering.

Carabin Shaw is known for compassionate and aggressive advocacy in wrongful death cases across Texas, including those stemming from truck accidents, workplace incidents, and fatal falls.

7. Workers’ Compensation vs. Personal Injury Lawsuits

In Texas, private employers are not required to carry workers’ compensation insurance. If your employer does not subscribe to workers’ comp, you may be able to file a personal injury lawsuit directly against them for workplace negligence.

Even if your employer does have coverage, you may have additional claims against third parties, such as:

• Equipment manufacturers

• Subcontractors

• Property owners

• Negligent drivers

Carabin Shaw has extensive experience helping oilfield and industrial workers in Midland and Odessa explore all available legal options after workplace injuries.

8. No Limit on Pain and Suffering (In Most Cases)

Unlike some states, Texas allows for substantial pain and suffering damages in most personal injury cases. These non-economic damages account for:

• Physical pain and discomfort

• Emotional distress

• Anxiety and depression

• Loss of enjoyment of life

• Disfigurement or scarring

Our legal team documents the true human cost of your injury through medical records, mental health evaluations, journals, and testimony from family and friends.

Why Choose Carabin Shaw in Midland-Odessa

With over 33 years of experience, Carabin Shaw is one of the most trusted names in personal injury law across Texas. In Midland and Odessa, we have a long track record of success handling:

• Car and truck accidents

• Oilfield and workplace injuries

• Slip and fall cases

• Burn and spinal cord injuries

• Wrongful death claims

We provide:

• Free consultations, 24/7

• Bilingual staff (Se habla español)

• No upfront fees—ever

• Local insight with statewide legal strength

Get the Legal Help You Deserve Today

Navigating Texas personal injury laws can be complex—but you don’t have to do it alone. Whether you’re filing an insurance claim or pursuing a lawsuit, Carabin Shaw is ready to help you build a winning case.

Call us today at 1-800-862-1260 or visit www.carabinshaw.com to schedule your free consultation. We’re proud to serve Midland, Odessa, and communities across West Texas with integrity, compassion, and results.