EXPERIENCED PERSONAL INJURY LAWYER SERVING ALL OF TEXAS
When you’re hurt because of someone else’s negligence, the last thing you want is to spend weeks guessing what to do next. Medical bills stack up. You miss work. Insurance adjusters start calling. And somewhere in the middle of all that, you’re supposed to figure out whether you have a case — and what it’s worth.
This post is for anyone in Irving, Texas who is dealing with that exact situation right now. I’m Geoffrey Dashner, and I’ve spent years working with injured Texans through Dashner Law Firm | Irving Injury & Accident Attorney. What I’ve seen repeatedly is that people make costly mistakes early in the process — not because they’re careless, but because no one explained the rules clearly before they needed them.
This 2026 guide covers the practical questions I hear most often from injury victims in Irving. Texas law has specific deadlines, damage caps, and procedural rules that directly affect your claim. Understanding them before you act can mean the difference between a full recovery and leaving money on the table.
What Is the Statute of Limitations for Personal Injury Claims in Texas in 2026?
Texas gives most injury victims two years from the date of the accident to file a personal injury lawsuit. That deadline comes from the Texas Civil Practice and Remedies Code, Section 16.003. Miss it, and a court will almost certainly dismiss your case — no matter how strong the evidence is.
Two years sounds like a long time. It isn’t, especially when you factor in how long it takes to gather medical records, depose witnesses, and negotiate with insurance companies. Personal injury attorneys consistently see cases fall apart because clients waited 18 months before calling a lawyer, leaving almost no time to build a proper case before the filing window closed.
There are some narrow exceptions. If the injured person is a minor, the clock generally doesn’t start until they turn 18. If the defendant fraudulently concealed their role in causing the injury, that may also toll the deadline. Injuries caused by a government entity — the City of Irving, a Texas state agency, or a public school district — require a formal notice of claim filed within six months of the incident under the Texas Tort Claims Act. That’s a shorter window than most people realize, and missing it kills the claim entirely.
The CDC’s injury data consistently shows that traumatic injuries — car crashes, falls, workplace accidents — are among the leading causes of emergency room visits for working-age adults. Many of those injuries involve ongoing treatment that delays victims from thinking about legal action. Don’t let treatment timelines push you past the filing deadline.
The safest approach is to contact a personal injury lawyer as soon as possible after an accident, even if you’re still in treatment. A lawyer can preserve evidence, handle communications with insurers, and make sure no procedural deadline slips past you.
How Does Texas’s Modified Comparative Fault Rule Affect Irving Injury Claims?
Texas follows a modified comparative fault system, sometimes called proportionate responsibility. Under Texas Civil Practice and Remedies Code Section 33.001, you can recover damages even if you were partially at fault for an accident — but only if your share of fault is 50% or less. If a jury finds you 51% or more responsible, you recover nothing.
Here’s what that means in practice. Say you were rear-ended on State Highway 183 near the Las Colinas area but you were also driving slightly over the speed limit at the time. The insurance company’s defense team may argue you were 30% at fault. If the jury agrees and awards $100,000, you’d walk away with $70,000. The insurance company uses this rule aggressively, often trying to push the plaintiff’s share of fault as high as possible to reduce their payout.
This is one of the main reasons having an experienced personal injury lawyer matters. Insurance adjusters are trained to gather statements, review accident reports, and identify any behavior by the victim that can be used to assign partial fault. Recorded statements you give in the days after an accident are frequently used against you later. A personal injury attorney can advise you on what to say, what not to say, and how to build a factual record that accurately represents what happened.
For cases involving premises liability — a slip and fall at a grocery store in Irving, for example — comparative fault gets especially complicated. Property owners routinely argue the victim was distracted, wearing improper footwear, or ignored warning signs. Countering those arguments requires solid documentation from the start.
FindLaw’s overview of comparative fault systems explains how these rules differ state by state. Texas’s version is stricter than some states, so don’t assume what you read about California or Florida law applies here.
What Types of Damages Can You Recover in a Texas Personal Injury Case?
Texas law divides recoverable damages into two main categories: economic and non-economic. A third category — exemplary or punitive damages — applies in cases involving gross negligence or intentional misconduct.
Economic damages are the straightforward financial losses: past and future medical expenses, lost wages, loss of earning capacity, property damage, and out-of-pocket costs related to the injury. These are calculated with bills, pay stubs, employer records, and expert testimony. They’re documented and, generally, easier to prove.
Non-economic damages are harder to quantify but often represent the largest part of a serious injury claim. Pain and suffering, mental anguish, disfigurement, physical impairment, and loss of consortium all fall into this category. Texas does not cap non-economic damages in most personal injury cases — the cap applies primarily to medical malpractice claims. That’s a meaningful distinction if you’re dealing with a catastrophic injury like a traumatic brain injury or severe spinal damage.
Research from Johns Hopkins Medicine on traumatic brain injuries highlights just how long-lasting and expensive these injuries can be — often requiring years of rehabilitation, cognitive therapy, and ongoing neurological care. When you project those costs over a lifetime, the numbers climb fast. Getting the damages calculation right requires more than adding up current hospital bills.
Exemplary damages are available under Texas Civil Practice and Remedies Code Section 41.003 when clear and convincing evidence shows the defendant acted with malice, fraud, or gross negligence. They’re capped at the greater of $200,000 or two times economic damages plus up to $750,000 in non-economic damages. Cases involving drunk drivers, employers who willfully ignored safety hazards, or businesses that buried known product defects sometimes qualify.
One practical point: Texas requires you to mitigate your damages. That means following your doctor’s treatment plan and not refusing reasonable medical care. If you skip physical therapy sessions or ignore follow-up appointments, the defense will argue your injuries were worsened by your own choices.
What Kinds of Personal Injury Cases Are Most Common in Irving, Texas?
Irving sits at the intersection of several major highways — I-635, I-35E, SH-114, and SH-183 — and handles a high volume of commercial truck traffic because of its proximity to DFW Airport and multiple industrial and logistics corridors. That geography shapes the types of injury cases personal injury lawyers in this area handle most often.
Traffic-related injuries are the most frequent. Texas car accident attorneys and truck accident attorneys handle a disproportionate share of serious cases because Texas roadways are among the most dangerous in the country. The Texas Department of Transportation reported over 15,000 serious injury crashes statewide in 2024, with DFW metro corridors accounting for a significant portion. Irving’s highway network puts local drivers in the path of that risk daily.
Rideshare accidents involving Uber and Lyft drivers are also common near DFW Airport. These cases are complicated because the applicable insurance coverage depends on whether the driver was logged into the app, had accepted a ride, or had a passenger in the car at the time of the crash. Texas rideshare accident attorneys have to untangle multiple layers of coverage to determine which policy applies.
Workplace injuries occur frequently in Irving’s construction, warehousing, and industrial sectors. Workers’ compensation covers some of these claims, but Texas is the only state that does not require most private employers to carry workers’ comp. When an employer has opted out — and many in Texas do — a construction accident claim may proceed as a standard negligence lawsuit with the full range of damages available.
Pedestrian accidents are a serious problem in areas with heavy foot traffic near commercial corridors and apartment complexes. The Bureau of Labor Statistics and traffic safety research consistently show that pedestrian fatality rates in Texas rank among the highest nationally.
Dog bite injuries are another category that comes up often. Texas follows a “one bite rule” in most circumstances, meaning the owner can be held liable if they knew or should have known the dog had dangerous propensities. Strict liability applies in some municipal jurisdictions. Irving city ordinances require dogs to be restrained, and a violation of those ordinances can support a negligence per se argument.
Slip and fall cases, product liability claims, wrongful death actions, and DWI-related crashes round out the caseload that personal injury attorneys in this area handle regularly.
How Does the Insurance Claims Process Actually Work After an Injury in Texas?
Most personal injury cases in Texas settle before trial. That means the insurance claims process is where your case actually gets resolved — and understanding how it works helps you avoid the traps.
After an accident, the at-fault party’s liability insurer will assign an adjuster to the claim. That adjuster’s job is to settle the claim for as little as possible. They are not neutral. They are not your advocate. When they call to ask how you’re feeling or request a recorded statement, they are building a file to minimize the payout.
Texas requires insurers to acknowledge a claim within 15 days and accept or deny it within 15 business days of receiving all required documents. They must pay accepted claims within five business days of acceptance. These timelines come from the Texas Insurance Code and give you some leverage if an insurer drags its feet.
The actual negotiation process involves submitting a demand package — a document that lays out the facts of the accident, the injuries sustained, the medical treatment received, and the total damages claimed. A personal injury lawyer builds this package using medical records, expert opinions, wage documentation, photographs, police reports, and witness statements. The insurer responds with a counteroffer, and negotiations proceed from there.
Most cases resolve through this back-and-forth. When they don’t, your lawyer files suit. Texas courts require parties to go through mediation before most civil trials, which provides another settlement opportunity. Only a small percentage of cases actually reach a jury.
One thing that trips people up: Texas follows a “made whole” doctrine in many situations, which means your health insurer may have a right to reimbursement — called subrogation — from your settlement. Your personal injury attorney needs to identify and address those liens before any settlement is finalized, or you could end up owing money from a settlement you already spent.
The American Bar Association provides general guidance on working with attorneys and understanding the claims process. For Texas-specific rules, Cornell Law School’s resources on Texas tort law and Justia’s Texas case law database are solid reference points.
Take Action Before Time Runs Out
If you or someone you know was injured in Irving because of another person’s negligence, the clock is already running. Every week that passes makes it harder to gather evidence, track down witnesses, and build a strong claim.
Dashner Law Firm | Irving Injury & Accident Attorney handles personal injury cases throughout Irving and across Texas. We work on a contingency fee basis — you pay nothing unless we recover for you. Our team handles the insurance companies, the paperwork, and the legal strategy so you can focus on recovering.
Read about our experience and background to understand how we approach these cases, and see what our clients say about their results before you make any decisions. We also cover a wide range of injury topics on our legal blog and through our video resources for people who want to learn more before picking up the phone.
You can also review the full range of Texas personal injury claims we handle to see whether your situation fits.
Call us today at (972) 635-4460 or contact us online to schedule a free consultation. Visit our Irving office at 4500 Fuller Dr, Irving, TX 75038.
