# What Qualifies for a Personal Injury Claim? | Attorney Brian White **Table of Contents***[*Expand*]* 1. Personal Injury Claims in Texas Based on Negligence 2. Personal Injury Claims in Texas Based on Intentional Torts 3. What If You Were Partially at Fault? 4. Time Limits for Filing a Personal Injury Claim in Texas 5. Speak With a Woodlands Personal Injury Attorney About What Qualifies for a Personal Injury Claim ![What Qualifies for a Personal Injury Claim?](https://attorneybrianwhite.com/wp-content/uploads/2026/01/What-Qualifies-for-a-Personal-Injury-Claim-300x200.jpg) Many people are left wondering after an accident whether they have a [personal injury case](https://attorneybrianwhite.com/the-woodlands-tx/personal-injury-lawyer/). Medical bills, time off work, and uncertainty about the future can make that question feel urgent.  While not every incident gives rise to a valid claim, Texas law allows injured individuals to seek compensation when their injuries are caused by another person’s [negligence](https://attorneybrianwhite.com/faqs/what-is-negligence/) or intentional misconduct. Understanding what qualifies for a personal injury claim can help you decide what steps to take next. ## Personal Injury Claims in Texas Based on Negligence Most personal injury claims in Texas are based on negligence. Simply put, negligence means someone did not act as carefully as they should have, and that lack of care caused an injury.   To have a valid negligence-based personal injury claim, you must generally show: - **The other party had a responsibility to act safely**: This means they had a legal duty to behave in a reasonably safe way. For example, drivers are expected to follow traffic laws, property owners are expected to keep their premises safe, and businesses must take steps to protect customers from known dangers. - **They failed to meet that responsibility**: The other party [breached their duty](https://attorneybrianwhite.com/faqs/what-is-a-breach-of-duty/), such as by speeding, driving while distracted, failing to fix a dangerous condition, or ignoring safety rules. - **That failure caused your injury**: Your injuries are directly connected to the unsafe behavior or condition, not something unrelated. - **You suffered real losses as a result**: Texas law requires you to suffer actual harm, such as medical bills, missed work, physical pain, or other losses. There is no personal injury claim without damages, even if someone made a mistake. Personal injury claims in Texas can come from many different situations. These commonly include [car](https://attorneybrianwhite.com/the-woodlands-tx/car-accident-lawyer/), [truck](https://attorneybrianwhite.com/the-woodlands-tx/truck-accident-lawyer/), and [motorcycle accidents](https://attorneybrianwhite.com/the-woodlands-tx/motorcycle-accident-lawyer/), [slip and falls](https://attorneybrianwhite.com/the-woodlands-tx/slip-and-fall-accident-lawyer/), [dog bites](https://attorneybrianwhite.com/the-woodlands-tx/dog-bite-lawyer/), and [wrongful death cases](https://attorneybrianwhite.com/the-woodlands-tx/wrongful-death-lawyer/). Even if your case does not fit neatly into one of these categories, you may still have a valid claim and right to compensation under Texas law. For a legal consultation call [(713) 500-5000](tel:+17135005000) ## Personal Injury Claims in Texas Based on Intentional Torts Not every personal injury claim involves an accident. Sometimes intentional acts, not carelessness, cause injuries. Texas law allows victims to pursue a personal injury claim when someone intentionally causes harm. In these cases, the focus is on whether the act was intentional rather than whether it was careless.  Common [types of intentional torts](https://attorneybrianwhite.com/blog/common-types-of-intentional-torts/) include: - Assault or battery - Sexual assault or abuse - False imprisonment - Intentional infliction of emotional distress These cases can arise in many settings. A Woodlands personal injury lawyer can help you determine whether you have a valid claim under Texas law and who may be held accountable if you were intentionally harmed. ## What If You Were Partially at Fault? Being partially responsible for an accident does not automatically prevent you from recovering compensation in Texas. Texas law allows personal injury victims to pursue a claim even when they share some responsibility, as long as certain limits are met under the [modified comparative fault rule](https://statutes.capitol.texas.gov/?tab=1&code=CP&chapter=CP.33&artSec=). Under the rule:  - You can recover compensation if you are less than 51 percent or less at fault - Your compensation is reduced by your percentage of fault - You cannot recover damages if you are 51 percent or more at fault Determining fault can be complicated, and other parties involved may try to shift blame to reduce what they owe. A personal injury lawyer can help protect your rights and address disputes over fault. [Click to contact](/contact-us/) us today ## Time Limits for Filing a Personal Injury Claim in Texas Texas law generally gives you [two years](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm#16.003) from the date of your injury to file a personal injury lawsuit. Missing this deadline can permanently bar your claim, no matter how strong the evidence may be.  Some cases involve shorter deadlines or special notice requirements, which is why speaking with an experienced personal injury lawyer as soon as possible can help protect your rights and preserve your claim.  Complete a [Case Evaluation Form](/contact-us/) Now ## Speak With a Woodlands Personal Injury Attorney About What Qualifies for a Personal Injury Claim Not every injury leads to a personal injury claim, but many valid claims go unrecognized because people assume they do not qualify. If you required medical treatment, missed work, or suffered other damages after an accident in Texas, it may be time to speak with a Woodlands personal injury lawyer.  Whether your injuries were caused by negligence or intentional misconduct, an experienced lawyer can evaluate your situation, explain your legal options, and help you pursue potential compensation. To schedule a free consultation, [contact](https://attorneybrianwhite.com/contact-us/) [Attorney Brian White Personal Injury Lawyers](https://attorneybrianwhite.com/about/) today at [(713) 500-5000](tel:+17135005000).  **Attorney Brian White Personal Injury Lawyers – Houston, TX**[3120 Southwest Freeway, Suite 350, Houston, TX 77098](https://www.google.com/maps/place/Attorney+Brian+White+Personal+Injury+Lawyers+-+Houston/@29.7309684,-95.4262545,17z/data=!3m1!4b1!4m6!3m5!1s0x8640bf255e7aaf73:0x52064b120afa59fe!8m2!3d29.7309684!4d-95.4262545!16s%2Fg%2F1tfrxw9q?entry=tts/) Our offices Houston — Greenway/Upper Kirby 3120 Southwest Freeway, Suite 350 Houston, TX 77098 Open 24 hours daily Call [(713) 364-1466](tel:+17133641466) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%203120%20Southwest%20Freeway%2C%20Suite%20350%2C%20Houston%2C%20TX%2077098) Houston — East Freeway 11811 East Freeway, Suite 630-06 Houston, TX 77029 Open 24 hours daily Call [(713) 609-1893](tel:+17136091893) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%2011811%20East%20Freeway%2C%20Suite%20630-06%2C%20Houston%2C%20TX%2077029) Houston — South Loop 2600 South Loop West, Suite 293 Houston, TX 77054 Open 24 hours daily Call [(713) 281-4904](tel:+17132814904) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%202600%20South%20Loop%20West%2C%20Suite%20293%2C%20Houston%2C%20TX%2077054) Houston — Katy Freeway 11511 Katy Fwy, Suite 515 Houston, TX 77079 Open 24 hours daily Call [(713) 909-7537](tel:+17139097537) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%2011511%20Katy%20Fwy%2C%20Suite%20515%2C%20Houston%2C%20TX%2077079) Houston — Clear Lake 1300 Bay Area Blvd, Suite B268 Houston, TX 77058 By appointment only Call [(936) 508-2854](tel:+19365082854) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%201300%20Bay%20Area%20Blvd%2C%20Suite%20B268%2C%20Houston%2C%20TX%2077058) The Woodlands 1776 Woodstead Ct, Ste. 203 The Woodlands, TX 77380 By appointment only Call [(281) 843-9777](tel:+12818439777) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%201776%20Woodstead%20Ct%2C%20Ste.%20203%2C%20The%20Woodlands%2C%20TX%2077380) Champion Forest (Cypress) 4606 FM 1960 Rd W, Ste. 444 Houston, TX 77069 By appointment only Call [(281) 843-9777](tel:+12818439777) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%204606%20FM%201960%20Rd%20W%2C%20Ste.%20444%2C%20Houston%2C%20TX%2077069) --- ### About the Author Brian White ![About the Author Brian White](https://attorneybrianwhite.com/wp-content/uploads/2024/12/brian-white-houston-personal-injury-lawyer-300x300.jpg) [Brian White](https://attorneybrianwhite.com/about/our-attorneys/brian-white/) earned his J.D. from South Texas College of Law in Houston and is licensed to practice in Texas. He is a [Board-Certified](https://attorneybrianwhite.com/resources/brian-white-is-board-certified-in-personal-injury-trial-law/) Personal Injury Trial Lawyer. Dedicated to giving back, he actively supports local charities and [community initiatives](https://attorneybrianwhite.com/about/community-involvement/). [Client testimonials](https://attorneybrianwhite.com/about/testimonials/) highlight Brian’s compassion, open communication, and dedication to achieving the best outcomes for those he represents. [Avvo](https://www.avvo.com/attorneys/77098-tx-brian-white-74113.html) / [Justia](https://lawyers.justia.com/lawyer/brian-elliott-white-201630) / [Linkedin](https://www.linkedin.com/in/attorney-brian-white-378410166) / [Facebook](https://www.facebook.com/login/?next=https%3A%2F%2Fwww.facebook.com%2FBrianWhiteLawFirm%2F/) / [Youtube](https://www.youtube.com/channel/UCDdkDcGkbY2GFTzpeTWypFQ) / [Instagram](https://www.instagram.com/accounts/login/?next=https%3A%2F%2Fwww.instagram.com%2Fattorneybrianwhite%2F%3Fhl%3Den&is_from_rle/) / [Yelp](https://www.yelp.com/biz/brian-white-and-associates-houston) / Call or Text [(713) 500-5000](tel:+17135005000) or Complete a [Case Evaluation Form](/contact-us/) Personal Injury Blog Posts: [![Memory Loss After a Concussion](https://attorneybrianwhite.com/wp-content/themes/brian-white/assets/app/img/default-thumb.webp)](https://attorneybrianwhite.com/blog/memory-loss-after-a-concussion/) [Memory Loss After a Concussion](https://attorneybrianwhite.com/blog/memory-loss-after-a-concussion/) A concussion will affect your cognition. Most accident victims experience some brain fog immediately after [![Houston Texas Lawyer](https://attorneybrianwhite.com/wp-content/uploads/2020/11/houston-texas-personal-injury-law-firm-300x200.jpg)](https://attorneybrianwhite.com/blog/9-things-you-should-know-about-a-free-lawyer-consultation/) [9 Things You Should Know About a Free Lawyer Consultation](https://attorneybrianwhite.com/blog/9-things-you-should-know-about-a-free-lawyer-consultation/) Most lawyers offer a free consultation to potential clients who are in the process of seeking legal representation. [![New Year's Eve Fireworks Safety Tips And Your Legal Rights At Kemah Boardwalk](https://attorneybrianwhite.com/wp-content/uploads/2024/12/New-Years-Eve-Fireworks-Safety-Tips-And-Your-Legal-Rights-At-Kemah-Boardwalk-1-300x200.jpg)](https://attorneybrianwhite.com/blog/new-years-eve-fireworks-safety-tips-and-your-legal-rights-at-kemah-boardwalk/) [New Year's Eve Fireworks Safety Tips and Your Legal Rights at Kemah Boardwalk](https://attorneybrianwhite.com/blog/new-years-eve-fireworks-safety-tips-and-your-legal-rights-at-kemah-boardwalk/) As Houston residents prepare for New Year’s at Kemah Boardwalk, ensuring your safety during the fireworks show is [![Houston Helmet Laws](https://attorneybrianwhite.com/wp-content/themes/brian-white/assets/app/img/default-thumb.webp)](https://attorneybrianwhite.com/blog/houston-helmet-laws/) [Houston Helmet Laws](https://attorneybrianwhite.com/blog/houston-helmet-laws/) Many states have passed mandatory motorcycle helmet laws, including Texas. However, Texas law does have an --- Source: https://attorneybrianwhite.com/faqs/what-qualifies-for-a-personal-injury-claim/