A personal injury case in Texas needs four things: someone else who is legally responsible for what happened, an injury with real losses, a share of fault on your side that is not greater than 50 percent (Tex. Civ. Prac. & Rem. Code § 33.001), and a suit filed within two years (Tex. Civ. Prac. & Rem. Code § 16.003(a)). If one is missing, there is no case, however serious the injury.
A fifth point is practical, not legal: there has to be insurance or assets to pay a judgment. This article goes through each requirement with the Texas statute behind it and explains how the rules apply to someone hurt in Sugar Land. The kinds of case the firm takes there are on our Sugar Land personal injury page.
The short version
- Fault: another person or company failed to use ordinary care, or sold a defective product, and that caused the injury.
- Damages: economic losses such as medical bills and lost income, and noneconomic losses such as pain and impairment (§ 41.001).
- Your share of fault: 50 percent or less; damages are reduced by your percentage (§§ 33.001, 33.012(a)).
- Time: two years to file suit (§ 16.003(a)); six months’ notice if a governmental unit is involved (§ 101.101(a)).
- Place: Sugar Land is in Fort Bend County.
What has to be true for an injury to be a legal case?
Someone else must be legally responsible. In most cases that means negligence: a person or company owed you a duty of care, failed to use ordinary care, and that failure caused your injury. Other cases rest on a defective product or on a specific statute. An injury that was nobody’s fault is not a case.
| Requirement | What it means | Where it comes from |
|---|---|---|
| Legal responsibility | Another person’s negligence, a defective product, or conduct that violates a legal standard caused the harm | Texas negligence law; Tex. Civ. Prac. & Rem. Code § 33.003(a) |
| Damages | Actual economic loss, and noneconomic losses such as physical pain, mental anguish, disfigurement and physical impairment | Tex. Civ. Prac. & Rem. Code § 41.001(4), (12) |
| Your own fault within limits | Your percentage of responsibility is not greater than 50 percent; your damages are reduced by that percentage | Tex. Civ. Prac. & Rem. Code §§ 33.001, 33.012(a) |
| Filed in time | Suit brought not later than two years after the day the cause of action accrues | Tex. Civ. Prac. & Rem. Code § 16.003(a) |
| Notice, where government is involved | Notice to the governmental unit not later than six months after the incident | Tex. Civ. Prac. & Rem. Code § 101.101(a) |
Source: Texas Civil Practice and Remedies Code, Chapters 16, 33, 41 and 101. Read October 5, 2026.
What kinds of accidents become personal injury cases?
Any in which someone else’s carelessness caused the harm. The most common are car, truck and motorcycle crashes; injuries at work caused by an uninsured employer or an outside company; injuries from defective products; boating and maritime injuries; and deaths caused by any of these, which give the family a wrongful death claim.
The wrongful death statute states the test broadly: a person is liable for damages arising from an injury that causes death if the injury was caused by that person’s or an agent’s “wrongful act, neglect, carelessness, unskillfulness, or default” (Tex. Civ. Prac. & Rem. Code § 71.002(b)). A design defect claim against a manufacturer requires proof of a safer alternative design (Tex. Civ. Prac. & Rem. Code § 82.005(a)).
The firm’s pages on Sugar Land car accidents, Sugar Land 18-wheeler accidents and wrongful death claims go into each type.
Do I have a case if I was partly at fault?
Yes, as long as your percentage of responsibility is not greater than 50 percent. The judge or jury assigns a percentage to everyone involved. At 50 percent or less, your damages are reduced by your percentage. At 51 percent or more, you may not recover anything.
The rules are § 33.001, Tex. Civ. Prac. & Rem. Code § 33.003(a) and § 33.012(a). Do not rule yourself out because you think you share some blame; people often overestimate their own fault, and the percentages are decided on evidence, not on first impressions. We explain the rule in how shared fault works in a Texas injury claim.
What damages make a case worth bringing?
The law recognizes two kinds. Economic damages compensate for actual economic or pecuniary loss, such as medical expenses and lost earnings. Noneconomic damages compensate for physical pain and suffering, mental or emotional anguish, disfigurement, physical impairment, loss of consortium and loss of enjoyment of life.
Both definitions are in § 41.001. Medical expenses are recoverable only in the amount actually paid or incurred (Tex. Civ. Prac. & Rem. Code § 41.0105). An injury that healed in days with one clinic visit is a real claim but a small one, usually settled directly with an insurer; a case that warrants an attorney generally involves continuing treatment, time off work or lasting effects. How long these cases take is covered in how long a personal injury case takes in Texas.
How do the rules apply to an injury in Sugar Land?
The law is the same statewide; the place decides where things happen. Sugar Land is in Fort Bend County, so a suit over an injury there is generally filed in Fort Bend County, and a crash is investigated by Sugar Land police or another local agency whose report you will need.
Under the general venue rule, suit is brought in the county where all or a substantial part of the events occurred, or where the defendant resides or has its principal Texas office (Tex. Civ. Prac. & Rem. Code § 15.002(a)). Fort Bend County lists ten district courts. The City of Sugar Land’s police FAQ directs people to the state’s online system for crash reports.
Maida Law Firm has no office in Sugar Land. It serves Sugar Land from its Houston office at 8313 Southwest Freeway #102, Houston, TX 77074, about 8.7 miles away in a straight line.
Questions people ask about whether they have a case
How long do I have to bring a personal injury case in Texas?
A person must bring suit for personal injury not later than two years after the day the cause of action accrues. For a person younger than 18, the time before the eighteenth birthday is not included in the period (Civil Practice and Remedies Code §§ 16.001, 16.003(a)).
Is there a case if the person who hurt me has no insurance?
Legally, yes; the question is who pays. After a vehicle crash, your own uninsured/underinsured motorist coverage is the usual source, and it is part of every Texas auto policy unless it was rejected in writing (Insurance Code § 1952.101).
Can I bring a case for a family member who died?
A wrongful death action is for the exclusive benefit of the surviving spouse, children and parents of the person who died, and one or more of them may bring it for the benefit of all (Civil Practice and Remedies Code § 71.004).
What if a city or county vehicle or employee caused my injury?
A governmental unit is entitled to notice of a claim not later than six months after the day of the incident, describing the damage or injury, the time and place, and the incident (Civil Practice and Remedies Code § 101.101(a)). The liability of governmental units is also limited in amount (§ 101.023).
Do I need to have gone to a hospital to have a case?
No rule requires a hospital visit, but the injury has to be proved, and medical records made close to the event are the main proof. Seeing a doctor promptly protects both your health and the claim.
If you are not sure whether what happened to you is a case, call Maida Law Firm at (713) 785-9484 or describe it on the contact page.
Sources
- Texas Civil Practice and Remedies Code, Chapter 33. Read October 5, 2026.
- Texas Civil Practice and Remedies Code, Chapter 16. Read October 5, 2026.
- Texas Civil Practice and Remedies Code, Chapter 41. Read October 5, 2026.
- Texas Civil Practice and Remedies Code, Chapter 71. Read October 5, 2026.
- Texas Civil Practice and Remedies Code, Chapter 82. Read October 5, 2026.
- Texas Civil Practice and Remedies Code, Chapter 15. Read October 5, 2026.
- Fort Bend County, District Courts. Read October 5, 2026.
- City of Sugar Land, Police Department: how to obtain a crash report. Read October 5, 2026.
About the authors
Sam A. Maida, Jr.
Owner and Managing Attorney
Sam A. Maida, Jr. has represented injured Texans in the greater Houston area since the firm opened in 1993.
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Bernard G. Johnson III
Litigation Managing Attorney
Bernard G. Johnson III is a board certified trial lawyer licensed in Texas since 1996 and a graduate of South Texas College of Law.