What Can You Sue for in a Personal Injury Lawsuit?
When someone else’s carelessness turns your life upside down, you might wonder, “Do I have any options? Can I actually hold them responsible?” If you’ve been injured in Texas, you probably have more rights than you realize.
So, what can you sue people for after an injury? In this blog, we’re breaking it all down—the basics, the possibilities, and what you need to know to protect yourself and your future.
Let’s dive in.
Understanding personal injury lawsuits in Texas
First of all, lawsuits for personal injuries are civil cases. They aren’t about sending someone to jail. They’re about getting you compensated for harm you didn’t deserve.
Texas law is clear. If someone else’s negligence, recklessness, or intentional act causes you harm, you can file a claim. Texas Civil Practice and Remedies Code § 33.001 sets the ground rules. You can still recover damages as long as you were not more than 50% at fault for the accident. This is called the “modified comparative fault” rule, and it can make a huge difference in what you recover.
Common examples? Car wrecks, trucking accidents, slip and falls, dangerous products, and workplace injuries.
What can you sue for in Texas personal injury cases?
When you sue for injury, what exactly can you ask for? It depends, but typically, there are three types of damages you might be able to recover in Texas:
Economic damages
Economic damages are the easy ones to prove, because they’re tied to actual bills, paystubs, or receipts.
- Medical expenses: From emergency room visits to surgery to ongoing therapy.
- Lost wages and loss of earning capacity: If your injury kept you out of work, or if you can’t earn like you used to.
- Property damage: Especially common after car crashes.
- Out-of-pocket costs: Think about everything from rides to the doctor to home modifications like wheelchair ramps.
Economic damages make sure you aren’t left footing the bill for someone else’s mistake.
Non-economic damages
Now it gets a little trickier. Non-economic damages aren’t tied to receipts, but they’re just as real.
- Pain and suffering: Physical pain from the injury and the emotional toll it takes.
- Mental anguish: Anxiety, depression, PTSD, and more.
- Loss of enjoyment of life: No longer able to play with your kids? Travel? Hike? That matters.
- Loss of consortium: If the injury hurts your marriage or close family relationships, you can seek compensation for that too.
These damages recognize that not every scar shows on the outside.
Exemplary (punitive) damages
Sometimes, it’s not enough to just compensate you. Texas law allows courts to award exemplary damages, often called punitive damages, when the defendant’s behavior was grossly negligent, fraudulent, or malicious (Tex. Civ. Prac. & Rem. Code § 41.003).
These aren’t easy to win, but they exist to punish truly bad behavior and send a message.
Think drunk drivers. Companies that knowingly sell dangerous products. Employers who ignore serious safety violations.
Common types of personal injury lawsuits in Texas
So what kinds of cases actually turn into lawsuits for personal injury here in Texas? Here are a few:
Motor vehicle accidents
Texas is an “at-fault” insurance state. If another driver’s negligence caused your crash, you can sue for injury or settle with their insurer. Don’t expect them to hand over a fair offer easily, though.
Premises liability (slip and falls)
Property owners must keep their spaces reasonably safe. If you slip on a wet floor at a store or fall because of a broken stair, you may have a claim under Texas Premises Liability Law (Tex. Civ. Prac. & Rem. Code § 75.002).
Workplace injuries
If your employer doesn’t carry Texas Workers’ Compensation Insurance, called a “non-subscriber,” you might be able to sue for personal injury directly.
Defective products
Manufacturers must design and make safe products. If a dangerous product injured you, Texas law allows you to seek damages through product liability claims.
What should you do if you think you have a personal injury case?
If you’re asking yourself what can you sue people for after an accident, the answer could be: a lot more than you realize.
But don’t go it alone. Here’s what you should do right away:
- Get medical help: Even if you feel okay. Injuries sometimes take days to show up.
- Document everything: Take photos. Write down what happened. Get witness info.
- Avoid talking to the other side’s insurance company: They’re not your friend.
- Talk to a lawyer: Preferably before you sign anything or give a recorded statement.
And whatever you do, don’t wait. Texas has strict deadlines (generally two years under Tex. Civ. Prac. & Rem. Code § 16.003) to file a personal injury lawsuit.
You don’t have to face this alone
In Texas, the law gives injury victims a real path to recovery. If someone else’s negligence turns your life upside down, you have the right to seek compensation for what you’ve lost — and for what it’s going to take to move forward.
Whether you’re wondering what you can sue people for, or whether you can sue for negligence without injury, don’t wait to get answers. The sooner you act, the stronger your case can be.
To discuss your rights after a personal injury accident in Texas, call Pat Maloney: Accident & Injury Attorney, or complete our online contact form to schedule a free consultation. We handle Texas personal injury claims on a contingency fee basis, meaning you pay nothing unless we win your case.
Pat Maloney, Jr. is a skilled San Antonio personal injury lawyer who has acted as lead counsel and co-counsel in many multi-million dollar verdicts throughout Texas. Pat Maloney represents people injured in car accidents, truck accidents, construction accidents and more. He is well known for his expertise in representing victims of serious personal injuries and has participated as a lecturer in the field of personal injury litigation. He has been named as one of the “Best Lawyers in America” Reference Book every year for the last five years.