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Tort Law in Texas: Property and Physical Injury

The Legal Information Institute defines Tortas as an act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability.


In torts, “injury” describes the invasion of any legal right, whereas “harm” represents an individual’s loss or detriment.


Property Damage

Property damage can be a frustrating process to deal with if you do not have the right people on your side. Contacting an experienced attorney to discuss the basics of Torts law in Texas and how it applies to your case is essential. In general, Texas is a “tort reform” state, which entails that Texas has made changes to its laws. If you need to speak to an attorney about your case, call Houston Injury Lawyers for a free consultation to discuss your options. 

There are three notable changes to Tort Law in Texas that Texas Tort Laws will discuss in this blog. The three changes include (1) Statutory Limits, (2) The Texas Tort Claims Act, and (3) Comparative Negligence. These laws allow Texans to recover for financial, emotional, and property damages because of a defendant’s intentional or negligent injury. 

Statutory Limit

  • In Texas, you must prove and show your financial damages to recover for any injuries caused by a defendant. There is a two-year statute of limitation for any injuries sustained. That means you have two years from the date of the damage to file a claim. If you do not file within the statutory time, an injured person may bar you from suing. Always call an attorney to discuss the timeline for filinge a claim. 

The Texas Tort Claims Act 

  • The Texas Tort Claims Act (“TTCA”) is a state statute that determines when a city or other governmental entity may be liable for accidents or intentional acts that cause property damage or personal injury. The TTCA provides a partial waiver of immunity for the State of Texas and its various political subdivisions, including cities, counties, and school districts. Before adopting the Act, individuals could not recover damages from towns or other governmental units for injuries or damages caused by the actions of a government employee or officer in the performance of a governmental function. Sovereign immunity (state) and governmental immunity (local governments like cities and counties) serve several purposes. It protects the expense of time and money caused by private litigation and encourages forthright action by public officials. It also protects the government from fraudulent or frivolous suits. 

Comparative Negligence 

  • Texas is a “partial” Comparative Negligence state. That means most comparative negligence states will bar the injured person from recovery if his Negligence passes a threshold level. In other words, the wounded person is barred if his Negligence is more severe than the person who caused the injury. In Texas, an injured person will recover nothing if they are 51 percent or more at fault. Comparative Negligence can be hard to understand; that’s why you should always ask an attorney about your rights before giving up on your claim under this rule.

In conclusion, talking to a professional about damages and recovery is essential before filing a suit or accepting a settlement agreement. At Houston Area Injury Lawyers, PLLC, our firm focuses on representing those who have suffered a personal injury through the entire recovery process – physical, emotional, and financial recovery from injuries. We help clients tip the balance of justice into their favor through our years of experience and expertise and our vigorous representation of injured clients. Our care and preparation are the keys to our success. The lawyers at Houston Area Injury Lawyers, PLLC, can help you navigate this issue and answer any questions. If you want to speak to someone about your situation or for a free consultation, call our office at (713) 366-HURT (4878)—Tip the Balance in Your Favor. 


(713) 366-HURT (4878)

A case involving Harris County Courts can be complicated. Proving the legal elements with clear and convincing evidence is a daunting task. Houston Injury Lawyers, PLLC, can help you navigate this issue and answer any questions—Se Habla español.

Houston Injury Lawyers, PLLC 

We have the experience and resources to guide you and your family through the civil court proceedings. Your injury claim will help you approach the situation confidently and clearly.

Contact us to schedule a free case review and find out how our firm can assist in your recovery.

State of Texas 

They are pursuing a personal injury lawsuit in Texas that allows victims to recover their damages and seek compensation for their pain and suffering.

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