2025 Texas Personal Injury Law Changes: What You Need to Know

Every Texas resident should be aware that the 2025 Texas personal injury law changes could significantly impact how injury cases are handled in our state. If you get hurt because someone else was careless, these changes may affect how much you can recover, what evidence you can use, and how trials run.

In 2025, lawmakers in the Texas Legislature introduced significant bills, including Senate Bill 30 (SB 30) and House Bill 4806 (HB 4806). These were meant to change many rules in the Texas tort reform of 2025. But these bills also faced strong pushback from groups like the Texas Trial Lawyers Association and critics of Texans for Lawsuit Reform.

Still, even though SB 30 and HB 4806 did not become law, some changes are happening in 2025 — especially laws taking effect on September 1, 2025, and shifts in evidentiary rules, damage caps proposals, and medical expense recovery.

1. Background & Legal Context

1.1 Current (pre‑2025) Framework in Texas

Before 2025, the rules for Texas personal injury law were shaped by certain long‑standing doctrines and statutes.

Texas uses modified comparative fault (also called proportionate responsibility) under Texas tort law. If you are partly at fault in an accident, you can still recover damages — but only if your fault is 50% or less. If you are 51% or more at fault, you recover nothing. This is called the 51% bar rule.
The legal basis for this rule is Chapter 33 of the Texas Civil Practice and Remedies Code.
Under this system, a jury or judge divides fault among parties.
In Texas, medical expense recovery typically allows plaintiffs to claim their medical bills, even billed amounts (not just amounts paid).
Texas has no general cap on non‑economic damages in personal injury (except in medical malpractice).
The rules of evidence, court procedure, and jury instructions govern how injury cases proceed.
Some core defenses remain: comparative negligence, assumption of risk, and joint and several liability in limited cases.
The Texas Supreme Court, Texas Court of Appeals, and district courts interpret and apply these rules in real injury claims.

1.2 Drivers of Reform Pressure

Why are people pushing to change the Texas system in 2025? Several forces are at work:

Many advocates worry about nuclear verdicts (very large jury awards) that can impact insurance costs and liability risk.
Insurance companies and business groups support tort reform to control exposure and reduce litigation risk.
On the other side, plaintiff attorneys and the Texas Trial Lawyers Association push back to preserve rights for injured people.
Groups like Texans for Lawsuit Reform promote caps, stricter limits, and reform of damage caps proposals.
Legislative momentum in the Texas Legislature (89th Texas Legislature) has included proposals like SB 30 and HB 4806.
Entities like the Texas Bar (State Bar of Texas), the Texas Department of Insurance, and the Texas Association of Defense Counsel join debates.
Courts face increasing complexity in personal injury litigation trends, expert witness standards, and evidentiary rule changes.
Rising medical costs, health care billing practices, and disagreements over what counts as “reasonable” medical expenses drive calls for reform.

2. Key Proposed Bills & Legislative Developments

2.1 House Bill 4806: Main Features & Implications

HB 4806 (also tied with SB 30) would change how Texans recover medical expenses. Instead of getting the full billed amounts, you might only recover what was actually paid or limited by formulas.
The bill proposes removing the controverting affidavit system. That means insurance companies could contest medical costs more easily with a notice of intent, rather than a formal affidavit.
HB 4806 would impose caps on non-economic damages (pain, suffering, emotional distress) in many personal injury cases.
It would redefine “mental or emotional pain or anguish” and “physical pain and suffering” with stricter standards, making some claims harder.
It demands more disclosure of provider statements, letters of protection, referral relationships, and agreements between attorneys and providers.
It ties recovery of future medical costs to a state database (Texas All Payor Claims Database) and limits amounts to a multiple of the Medicare fee schedules.
It would require unanimous jury agreement for non-economic damages in many cases, rather than a partial jury verdict.
The bill also changes when prejudgment interest starts (only on economic damages after payment), limiting interest amounts.

These are major shifts in Texas tort reform 2025 and would affect many categories of injury claims — auto accidents, wrongful death, catastrophic injury, brain/spinal injury, etc.

2.2 Senate Bill 30 (SB 30): Companion & Progress

SB 30, introduced by Senator Charles Schwertner, is a companion to HB 4806 and shares many of its reforms.
On April 14, 2025, SB 30 was substituted with 9 substantial revisions.
The substituted SB 30 would prohibit controverting medical charges above certain thresholds (like 300% of Medicare) unless special conditions are met.
It would also change definitions of future damages, require that claims be reasonably probable, and add stricter proof rules.
SB 30 also adds disclosure requirements (invoices, provider info, referrals, agreements) as admissible evidence.
It passed the Texas Senate (20–11) but faced challenges reconciling with House amendments.

2.3 2025 Session Outcome: Bills’ Failure to Pass

Neither HB 4806 nor SB 30 became law in 2025. The Texas Legislature adjourned without agreeing on a final unified version.
The bills passed in one chamber but died in the conference committee due to disagreements.
The push to curb nuclear verdicts and limit verdicts through reform was a key motivator.
The failure was viewed as a win for the Texas Trial Lawyers Association, and opposition groups like Texans for Lawsuit Reform saw defeat.
This outcome means many proposed damage caps proposals, evidentiary rule changes, and medical expense recovery shifts did not take effect—at least for now.

Because these bills failed, much of the pre-2025 framework stays in place—for the moment. But pressure for reform remains.

3. New Laws Taking Effect September 1, 2025 & Other Changes

3.1 Vehicle Safety Inspection Repeal & HB 3297

As of January 1, 2025, Texas will no longer require safety inspections for most non-commercial vehicles. This change comes from House Bill 3297, passed by the Texas Legislature (88th Legislature).
That means drivers will not have to get a safety check (brakes, lights, tires) each year to renew registration.
But commercial vehicles will still require annual safety inspections.
Although the inspection is gone, owners must pay a new $7.50 “Inspection Program Replacement Fee” when they register their vehicle.
New vehicles (those not previously registered) must pay $16.75 to cover the first two years.
In emissions counties (about 17 counties, including Harris, Dallas, Travis, El Paso, etc.), the emissions test requirement remains.
Bexar County will begin requiring emissions in 2026.

What this means for personal injury claims/liability:

Because inspections will no longer be required, evidence about mechanical defects may become more contested.
A defendant (or insurance company) might argue that a safety defect existed because the owner failed to maintain the vehicle.
The elimination of mandatory inspections doesn’t relieve legal obligations to maintain safe vehicles. If a failure causes harm, it can still count as negligence.

3.2 Other Safety, Regulatory, & Liability-Adjacent Changes

On September 1, 2025, hundreds of new laws in Texas begin, including rules in public safety, healthcare, driving laws, and court procedures.
Some laws will affect how liability and ordinary negligence are handled in traffic, driving, and safety contexts.
Laws about technology, autonomous vehicles, emissions, and automotive regulations may shift the baseline for what is “reasonable” in a personal injury case.
Even though many tort reform efforts (like SB 30 / HB 4806) did not pass, these regulatory changes can affect personal injury litigation trends, liability reform, and evidence rules in indirect ways.

3.3 Transitional Rules & Effective Dates

The repeal of safety inspections takes effect January 1, 2025, not September 1. That is an earlier change separate from the big wave of laws on September 1.
The laws enacted as of September 1, 2025, cover various areas of Texas state law, including courts & public policy, and may introduce new liability standards or safety rules that impact injury cases.
Some new rules may have grandfathering provisions or only apply to causes of action filed after the effective date. It’s important to check individual bills.
Because many proposed changes in SB 30 / HB 4806 failed, the pre-2025 framework often continues for now.
However, injured persons and attorneys should closely monitor case law and appellate decisions after September 1, 2025, to observe how courts interpret the new laws and their impact on Texas personal injury claims.

4. How These Changes Could Affect Personal Injury Claims

4.1 Economic vs. Non-Economic Damages

Economic damages are things you can put a dollar value on (medical bills, lost wages).
Non-economic damages include pain and suffering, emotional distress, and loss of consortium.
If reforms like HB 4806 / SB 30 had passed, you might only recover amounts actually paid, not the full billed medical expenses. Critics argue that it favors insurance companies over injury victims.
Limits or caps on non-economic damages would make it harder to get large payouts for pain, suffering, or mental anguish.
Since those bills failed, much of the pre-2025 framework remains: you can still seek billed amounts and full non-economic damages (where allowed) in many cases.

4.2 Burden of Proof, Evidence & Admissibility

Proposed reforms would have changed rules about what evidence a plaintiff can present: more disclosure requirements, stricter proof for future medical costs, or life care plans.
Insurers would have a greater ability to contest medical costs via no-controverting affidavit changes.
Expert testimony (life care planners, cost projections) would face stricter standards under reform proposals.

4.3 Jury Verdict Dynamics

In reforms, a unanimous jury verdict might have become required for non-economic damages in many cases.
Also, juries would have to limit their awards to multiples of Medicare fee schedules or other capped formulas.
Because the bills failed, Texas juries still have broad discretion in assessing damages, subject to existing rules.

4.4 Strategic Shifts for Plaintiffs and Defense

Plaintiffs may push for an early settlement to reduce the risk of defenses attacking evidence.
Attorneys will emphasize strong documentation, credible experts, and well-organized medical records.
Defendants (or insurers) may try to challenge cost reasonableness or shift liability under comparative fault rules.
In complex claims (e.g., catastrophic injury, brain injury, wrongful death), parties may negotiate more cautiously given uncertainty.

4.5 Risks for Certain Claim Types

Catastrophic injury and future medical cost claims are particularly vulnerable to changes in admissibility or proof rules.
Wrongful death claims might feel pressure if caps or stricter damage rules had passed.
Cases with high medical bills, long-term care needs, or life care plans are more exposed to reform risk.

5. What Remains Unchanged & What Rights You Still Have

Even though many reform bills were proposed in 2025, a lot of the pre-2025 framework remains. Here’s what stays the same and what rights you still hold under Texas personal injury law in 2025.

5.1 Modified Comparative Fault & the 51% Bar Rule

The rule of modified comparative fault is still in place. That means if you are partly responsible for your injury, you can still recover damages, so long as your share of fault is 50% or less.
If you are 51% or more at fault, you are barred (you get nothing)—the 51% bar rule stays effective.
The apportionment of fault among multiple parties (joint and several liability in limited cases) still works under Texas law.

5.2 Right to Recover Medical Expenses & Full Bills

Because SB 30 and HB 4806 failed to pass, you can still present billed medical expenses, not just amounts paid.
The use of letters of protection (LOPs) to defer medical treatment and pay later still has a role in many personal injury claims.
Juries still have discretion to weigh reasonableness and decide what medical costs are fair and necessary.

5.3 Non-Economic Damages & Jury Discretion

There is no general cap on non-economic damages (pain, suffering, emotional distress) in most personal injury cases in Texas (outside medical malpractice) under current law.
Juries retain the power to decide on non-economic damages, subject to existing case law and jury instructions.
Because the reforms for damage caps proposals did not become law, the broad discretion of juries is preserved.

5.4 Procedural Rights & Legal Process

Court procedural rules, rules of evidence, discovery, and jury instructions remain largely the same under 2025.
You still have rights to due process, notice, and a fair hearing in a personal injury case.
The Texas Supreme Court, Texas Court of Appeals, and district courts will interpret claims under the older and existing framework until new laws (if any) take effect or are interpreted.

5.5 Other Protections & Legal Recourse

You still have rights in wrongful death, premises liability, product liability, and auto accident claims under Texas tort law as before.
You maintain access to punitive damages, where allowed, under existing legal standards.
Statutes of limitation and deadlines for filing suits remain in force; you must act within those time limits.
You can still negotiate settlements, file motions, and present expert testimony under the established standards.

6. Practical Advice for Injured Texans in 2025

If you are hurt because someone acted carelessly, these tips can help you protect your rights under Texas personal injury law in 2025.

6.1 Act Early: Deadlines & Statutes of Limitation

In Texas, you usually must file a personal injury lawsuit within two years (this is the statute of limitations).
Don’t wait — evidence (photos, witnesses, videos) may disappear.
The earlier you start, the better position you’re in before defenses mount.
Check if any bill (like HB 4806 or SB 30) changes deadlines or retroactivity, though they failed in 2025.

6.2 Documentation & Medical Records: Best Practices

Go to the doctor right away and follow treatment. This creates a medical record.
Always keep bills, receipts, invoices, and lab reports.
Request full medical records (not just summaries).
Use life care plans, future medical cost projections, and expert testimony to support your claim (as allowed under current Texas law).
Keep photos, video, and witness statements (names, contacts) while memory is fresh.

6.3 Working with Experts & Life Care Planners

Use qualified experts (medical, economic, rehabilitation) to support your claim.
Ensure experts follow accepted standards (so their testimony is admissible).
For long-term injuries (brain, spinal, catastrophic), life care planners help estimate future costs.
Be ready for defense to challenge future medical costs, especially in reforms.

6.4 Choosing the Right Attorney

Pick an attorney experienced in Texas tort reform, personal injury litigation trends, and injury law changes.
Look for someone who monitors changes like HB 4806, SB 30, or new laws effective September 1, 2025.
Attorneys should know how to present evidence, jury instructions, disclosure requirements, and damage strategies.
Ask how they handle contingency fee arrangements and whether you pay only when they recover.

6.5 Negotiation Strategy & Settlement Approach

Do not accept the first offer from insurance; it may undervalue your claim.
Use strong documentation to push for a fair settlement.
In uncertain law times, settlement may avoid the risk of defenses attacking evidence.
Try to negotiate before trial — the defense may be more willing to settle given the legal uncertainty.

6.6 What to Do if Reform Bills Return

Even though SB 30 and HB 4806 failed in 2025, versions may return in future legislative sessions.
Stay informed via the Texas Legislature, the Texas Trial Lawyers Association, the Texas Bar, The Hadi Law Firm blog, and news sources.
If reform bills re-emerge, promptly evaluate how new rules (e.g., caps, proof changes) affect your case.
Consult your attorney whether your claim might be safer if filed under old or new rules (depending on the effective date, transitional rules).

7. Frequently Asked Questions (FAQs)

Q1. Did the 2025 tort reform bills pass?

No. SB 30 and HB 4806 failed to become law in the 2025 session. The Texas Legislature could not agree on a final version, so both bills died.

Q2. Will my current injury case be affected by these proposed changes?

Since the bills did not pass, most existing rules still apply. But if future bills pass or courts adopt new interpretations, your case could be impacted. It’s wise to act early and monitor developments.

Q3. Can I still recover full medical bills (billed amount) in Texas?

Yes. Under current law, you can present billed medical expenses, not just what was paid, to support your claim. The reforms would have restricted that, but they did not take effect.

Q4. Do I need a unanimous jury verdict for all damage awards?

No. The proposed change to require unanimous jury verdicts for non-economic damages (pain, suffering) was part of SB 30 / HB 4806, but because they failed, the current jury rules remain in place.

Q5. When do the new laws in 2025 take effect?

Many new laws begin September 1, 2025, but the repeal of safety inspections for noncommercial vehicles took effect January 1, 2025.

Q6. What should I do to protect my claim right now?

Act quickly — don’t delay gathering evidence
Keep full medical records, bills, and expert reports
Consult lawyers familiar with Texas tort reform, personal injury litigation trends, and past bills like SB 30 / HB 4806
Monitor legislative sessions and court rulings

Q7. Could these reforms return in future sessions?

Yes. Stakeholders (insurance groups, business lobbies, Texans for Lawsuit Reform) may reintroduce similar bills in future sessions.

Q8. Does my right to file a lawsuit still exist?

Yes. Procedural rights, discovery, jury trial, expert testimony, and the ability to sue for wrongful death, auto accident, product liability, and premises liability remain intact.

Conclusion

In 2025, Texas stood at a crossroads for personal injury law. Big reform efforts like SB 30 and HB 4806 aimed to reshape damages caps, medical expense recovery, jury verdict rules, and evidence standards. But because neither bill passed in the Texas Legislature, much of the pre-2025 framework remains in place.

Nevertheless, changes like the repeal of safety inspections (effective January 1, 2025) and new statutes starting September 1, 2025, may subtly shift the legal landscape. Injury victims, attorneys, and insurers will need to adapt.

If you or a loved one has been injured in Texas, it’s more important now to act fast, document carefully, and choose experienced counsel. At The Hadi Law Firm, with a strong presence as the top-rated personal injury lawyers in Houston, we are already watching these developments closely.

Your best steps forward:

Preserve evidence and medical records early
Consult a trial-experienced attorney knowledgeable in Texas tort reform debates
Monitor legislative and judicial updates
Prepare for change — even though reforms failed in 2025, similar proposals may return