Author: Terry Hyatt


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.


This Blog was brought to you by The Carabin Shaw Law Firm – Call Shaw! – Personal Injury Lawyers San Antonio

Car-Accident-Attorneys

Auto accident lawyers are seen as heroes for those who are victims of reckless driving. Injuries received in auto accidents are often serious and sometimes fatal. When your injuries involve the head and neck, it may mean the end of your career. Aside from physical incapacitating injuries, mental trauma is also serious and often presents lifetime effects. Your family may have emotional and financial stress due to your accident. More about our Car Accident Lawyers here

Due to various levels of damage, it is important to hire an attorney to file needed lawsuits against those who are responsible for your injuries and stressful situation. After all, post-accident effects are never easy to handle. Automobile accident attorneys can make the situation more bearable. Got Injured In An Accident – CALL SHAW

Yearly, thousands of injuries and deaths occur due to the recklessness of someone else. However, that is not always the case in every accident. Automobile experts may also determine mechanical defects on the vehicle itself that may have caused the accident. A third party liability, which involves the household or the institution where a drunk or reckless driver may have been before the accident can be checked.

As you contemplate a court battle, you must be very careful on choosing a suitable accident attorney to save time and money. Find reputable law firms that will help you determine the proper grounds on which your lawsuit will be based. Ideally, your lawyer will make it a point to be present at the accident scene to check on you and evaluate the offending party or the insurance company response during the actual incident. This isn’t always realistic unless you’ve used the accident attorney before. Automobile accident attorneys are law advocates who can advise you about the appropriate action to take. Every road accident may appear similar to many, but your situation will always be unique from the rest. Your automobile accident lawyer will discuss with you the fair monetary compensation you should get, or with your consent, consider settlements with the offending party or their insurance company.personal injury attorneys

Auto accident lawyers commit to serve injured people as part of their profession. Every court-related dispute is a challenge, especially when you and your family must undergo the rehabilitation process at the same time, or face loss of income, incapacity and emotional and financial hardships. Moreover, fighting for justice is not an easy task, but you can lessen your legal worries with the assistance of your accident attorney. Find the right legal representation and you will have the best chance of attaining the compensation you are seeking.


Press Release

Carabin Shaw – Accident Injury Lawyers Announces Relocation of San Antonio Office

San Antonio, [August 2023] – Carabin Shaw – Accident Injury Lawyers, a leading personal injury law firm in Texas, is excited to announce the relocation of its San Antonio office from its previous location on 630 Broadway, San Antonio, 78215 to a new and improved facility, located at the “old Creamery” 875 E Ashby Pl# 1100 San Antonio, Texas 78212
The move is part of the firm’s commitment to serve their clients better and provide enhanced legal representation in the San Antonio area.

The new office space, strategically located at 875 E Ashby Pl# 1100 San Antonio, Texas 78212, offers an upgraded and modern environment for clients and staff alike. With state-of-the-art facilities and expanded resources, Carabin Shaw is poised to continue delivering exceptional legal services to individuals and families who have suffered injuries due to accidents.

Carabin Shaw’s team of experienced attorneys remains dedicated to fighting for the rights of their clients and maximizing their compensation. Whether it’s a motor vehicle accident, workplace injury, medical malpractice, or any other personal injury matter, the firm’s attorneys have a proven track record of obtaining favorable client outcomes.

“We are thrilled to announce the relocation of our San Antonio office,” said James Michael Shaw, Managing Partner at Carabin Shaw – Accident Injury Lawyers. “This move represents our commitment to providing top-notch legal representation and support to our clients. The new office space allows us to enhance our services further and better accommodate the needs of those injured in accidents.”

Carabin Shaw’s new office location is easily accessible and conveniently situated [provide details about accessibility and nearby amenities]. Clients can expect the same professionalism, dedication, and personalized attention that Carabin Shaw has been known for during its thirty years of service to San Antonio.

As the firm settles into its new location, Carabin Shaw – Accident Injury Lawyers reaffirms its mission to provide compassionate and aggressive legal representation to those who have suffered injuries caused by the negligence of others. The firm remains committed to fighting for justice, holding responsible parties accountable, and obtaining fair compensation for their client’s physical, emotional, and financial losses.

For further information about Carabin Shaw – Accident Injury Lawyers and their services, please visit carabinshaw.com or their office at 875 E Ashby Pl# 1100 San Antonio, Texas 78212.

About Carabin Shaw – Accident Injury Lawyers:
Carabin Shaw: Accident Injury Lawyers is a premier personal injury law firm serving clients in San Antonio and across Texas. With over [number] years of experience, their dedicated team of attorneys specializes in various personal injury cases, providing aggressive representation and personalized attention to each client. Carabin Shaw is committed to fighting for justice and ensuring that accident victims receive the compensation they deserve.

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