Frequently Asked Questions About Personal Injury Claims in Texas

What is a personal injury claim?

A personal injury claim is a legal action filed when someone is injured due to another party's negligence, recklessness, or intentional misconduct. The injured person (plaintiff) seeks financial compensation from the responsible party (defendant) for their damages.

Personal injury claims can arise from many situations, including car accidents, slip and falls, medical errors, defective products, and more. These are civil matters, meaning they're separate from any criminal charges that might result from the same incident. Your goal is compensation for your losses—not to send someone to jail.

How do I know if I have a personal injury case?

You may have a valid personal injury case if four legal elements are present:

1. Duty: The other party owed you a duty of care (for example, all drivers have a duty to drive safely)
2. Breach: They violated that duty (they were texting while driving)
3. Causation: Their breach directly caused your injury (their distracted driving caused the collision)
4. Damages: You suffered actual harm or losses (medical bills, lost wages, pain)

Signs you may have a case include being injured due to someone else's actions, incurring medical expenses or lost wages, and having the injury occur within the past two years. The best way to know for certain is to schedule a free consultation.

How long do personal injury cases take?

Personal injury case timelines vary considerably based on the specifics of your situation:

• Simple cases with clear liability may settle in 3-6 months
• Moderate cases typically take 6-18 months
• Complex cases or those going to trial can take 2-3 years or longer

Factors affecting duration include the severity of your injuries (you shouldn't settle until you've reached maximum medical improvement), the complexity of liability, the number of parties involved, the defendant's willingness to negotiate fairly, and court schedules if litigation becomes necessary. Learn more about the personal injury claim process.

What is my case worth?

Every case is unique, and there's no way to determine its value without a thorough evaluation. Factors that influence case value include:

• The severity and permanence of your injuries
• Your total medical expenses (past and future)
• Lost income and diminished earning capacity
• The impact on your daily life and relationships
• The clarity of the defendant's liability
• Available insurance coverage

Be wary of anyone who promises a specific dollar amount before reviewing all the facts. For a detailed discussion of valuation factors, see our case value guide.

Do I need a lawyer for my injury claim?

While you're not legally required to have an attorney, having experienced representation typically results in significantly higher compensation—even after attorney fees are deducted. Studies consistently show that represented claimants receive 3-4 times more than those who handle claims themselves.

Consider that insurance companies have teams of lawyers and adjusters working to minimize your payout. Without an attorney, you're negotiating alone against professionals who do this every day. A lawyer levels the playing field and handles the legal complexities while you focus on recovery.

That said, very minor injuries with minimal medical treatment and no lost wages might be handled independently. For anything involving significant injuries, disputed liability, or multiple parties, legal representation is strongly recommended.

How much does a personal injury lawyer cost?

Most personal injury lawyers, including our firm, work on a contingency fee basis. This means:

• No upfront costs: You pay nothing to hire us
• We advance all expenses: Filing fees, expert witnesses, medical records—we cover it
• We only get paid if you win: Our fee is a percentage of your recovery

Typical contingency fees are 33% if your case settles before litigation and up to 40% if a lawsuit is filed and the case goes to trial. If we don't recover compensation for you, you owe us nothing.

What if I can't afford a lawyer?

The contingency fee system exists specifically so that injured people can access quality legal representation regardless of their financial situation. You need no money upfront to hire us. We invest our time, expertise, and money in your case. You only pay if and when we recover compensation for you.

This arrangement aligns our interests with yours—we're motivated to maximize your recovery because that's how we get paid. It also means we carefully evaluate cases before accepting them, ensuring we believe in your case's merits.

How do I choose the right personal injury lawyer?

When selecting a personal injury attorney, consider:

• Experience: How many cases similar to yours have they handled?
• Track record: What results have they achieved?
• Resources: Can they take your case to trial if necessary?
• Communication: Do they explain things clearly and return calls promptly?
• Comfort level: Do you trust them with your case?

We've created a comprehensive guide to choosing a personal injury lawyer to help you make this important decision.

Can I switch lawyers during my case?

Yes, you have the right to change attorneys at any time if you're dissatisfied with your representation. To switch, simply notify your current attorney in writing that you're terminating the relationship and request your case file.

Be aware that your former attorney may have a lien on your case for work already performed. This is typically handled at settlement—both attorneys' fees come out of your recovery, subject to the total agreed-upon percentage. If you're considering a switch, consult with a new attorney first to ensure a smooth transition.

How long do I have to file a personal injury lawsuit in Texas?

In Texas, the general statute of limitations for personal injury claims is 2 years from the date of injury. However, several exceptions exist:

• Discovery rule: The clock may start when you discovered (or should have discovered) your injury rather than when it occurred
• Minors: Children have until their 20th birthday to file
• Mental incapacity: The deadline may be tolled during periods of incapacity
• Government claims: Claims against government entities require notice within 6 months

Missing the deadline typically means losing your right to sue forever. Don't risk it—contact us right away. Learn more about the Texas statute of limitations.

What is the personal injury claim process?

The personal injury claim process typically follows these stages:

1. Initial consultation and case evaluation
2. Investigation and evidence gathering
3. Medical treatment until maximum improvement
4. Demand letter to the insurance company
5. Negotiation toward settlement
6. Litigation if a fair settlement isn't reached
7. Trial or settlement resolution

For a detailed walkthrough, see our complete guide to the personal injury claim process.

When should I contact a lawyer after an accident?

Contact a personal injury lawyer as soon as possible after an accident—ideally within the first few days. Early legal involvement is beneficial because:

• Evidence can be preserved before it's lost or destroyed
• Witnesses can be interviewed while memories are fresh
• You can avoid saying something to insurance companies that hurts your case
• Important deadlines won't be missed
• Your attorney can guide your medical treatment documentation

Don't wait until you've fully recovered or until the insurance company makes an offer. By then, you may have already compromised your claim.

What happens if I miss the statute of limitations?

If you miss the statute of limitations, your claim is almost certainly barred forever. The court will dismiss your case, and you'll have no legal recourse to recover compensation—regardless of how strong your case might have been on the merits.

There are very limited exceptions, but they're narrow and rarely apply. The safest approach is to treat the deadline as absolute and consult with an attorney well before it expires.

Should I talk to the other driver's insurance company?

Generally, no. The other driver's insurance company is not on your side. Their adjusters are trained professionals whose job is to minimize what the company pays—not to help you get fair compensation.

When they call (and they will), they may:

• Ask for a recorded statement (which can be used against you)
• Ask leading questions designed to minimize your claim
• Pressure you to settle quickly before you know your full damages
• Try to get you to admit partial fault

It's best to politely decline to give a statement and let your attorney handle all communications with the insurance company.

What if the insurance company offers a quick settlement?

Be very cautious about quick settlement offers. Insurance companies often make early offers hoping you'll accept before you realize the full extent of your injuries and damages. These offers are almost always far below fair value.

Once you accept a settlement and sign a release, you cannot go back for more—even if you later discover your injuries are more serious than initially thought. Never accept an offer without having an attorney evaluate your case and knowing your full medical prognosis.

What if the at-fault driver has no insurance?

If the at-fault driver is uninsured or underinsured, you still have options:

• Uninsured/Underinsured Motorist (UM/UIM) coverage: Your own policy may cover you when the other driver can't
• Personal Injury Protection (PIP): If you have PIP coverage, it pays regardless of fault
• Other liable parties: An employer, vehicle owner, or another party might share liability
• Personal assets: In some cases, the at-fault driver may have assets to pursue

This is one of many reasons to carry adequate UM/UIM coverage on your own policy. Consult with us to explore all available sources of compensation.

Will my insurance rates go up if I file a claim?

If you were not at fault for the accident, filing a claim generally should not increase your rates. Texas law provides some protections against rate increases for no-fault claims. However, policies and insurers vary, and there's no absolute guarantee.

If you're filing a UM/UIM claim against your own policy, you're simply accessing coverage you've paid for. This shouldn't result in the same rate increase as an at-fault accident claim.

Should I see a doctor even if I feel fine after an accident?

Yes, absolutely. Many serious injuries don't show immediate symptoms due to adrenaline and shock. Conditions that may not be apparent right away include:

• Whiplash and soft tissue injuries
• Traumatic brain injuries (concussions)
• Internal bleeding
• Herniated discs
• Delayed-onset pain and inflammation

Getting prompt medical attention creates crucial documentation connecting your injuries to the accident. Delays give insurance companies ammunition to argue your injuries weren't caused by the accident or aren't serious. See a doctor within 24-72 hours even if you feel fine.

Who pays for my medical bills during my case?

During your case, medical bills are typically paid through:

• Your health insurance: This usually pays initially, then seeks reimbursement from your settlement
• Medical liens: Some providers will treat you on a lien, meaning they wait for payment from your settlement
• Personal Injury Protection (PIP): If you have this coverage, it can pay medical expenses regardless of fault
• Out of pocket: In some situations, you may need to pay and seek reimbursement

When your case settles, medical expenses are reimbursed from the settlement proceeds before you receive your share. Your attorney can often negotiate reductions in medical liens.

Can I choose my own doctor?

Yes. In a personal injury case, you have the right to choose your own treating physicians. This is different from workers' compensation, where your employer's insurance may direct your care.

It's often beneficial to work with doctors who are experienced in treating injury victims and understand the documentation needed for legal claims. Your attorney can recommend physicians who will provide thorough treatment and proper documentation.

What if I had a pre-existing condition?

Having a pre-existing condition does not prevent you from recovering compensation. Texas follows the "eggshell plaintiff" rule, which means defendants must take victims as they find them.

If an accident aggravates or worsens a pre-existing condition, you can recover for the aggravation. Insurance companies often try to blame all symptoms on pre-existing conditions, but the law is on your side. What matters is proving the accident caused additional harm beyond your baseline condition.

What damages can I recover in a Texas personal injury case?

Texas law allows recovery of three categories of damages:

• Economic damages: Quantifiable financial losses including medical bills, lost wages, property damage, and future medical care and lost earning capacity
• Non-economic damages: Subjective losses including physical pain and suffering, mental anguish, loss of enjoyment of life, disfigurement, and loss of consortium
• Punitive damages: In rare cases involving extreme misconduct (like drunk driving), additional damages may be awarded to punish the defendant

For a comprehensive explanation, visit our guide to damages in Texas personal injury cases.

Is there a cap on pain and suffering in Texas?

For most personal injury cases, Texas does not cap pain and suffering or other non-economic damages. Juries can award whatever amount they believe is fair.

However, there are caps in certain situations:

• Medical malpractice: Non-economic damages are capped at $250,000 per defendant, with a maximum of $500,000 total
• Government claims: Damages against government entities are capped at $250,000 per person, $500,000 per occurrence

Standard car accidents, truck accidents, premises liability, and similar cases have no caps.

How is pain and suffering calculated?

Pain and suffering doesn't have a fixed formula, but two common approaches are used:

• Multiplier method: Your economic damages are multiplied by a factor (typically 1.5-5) based on severity
• Per diem method: A daily rate is assigned for each day you experience pain or limitations

In practice, pain and suffering values depend on the nature and duration of your injuries, the impact on your daily life, the credibility of your testimony, and jury attitudes in your venue. Experienced attorneys know what similar cases have settled for and can maximize your recovery.

Can I recover compensation if I was partially at fault?

Yes. Texas follows a modified comparative negligence rule. You can recover compensation as long as you are less than 51% at fault for the accident.

However, your recovery is reduced by your percentage of fault. For example:

• Total damages: $100,000
• Your fault: 20%
• Your recovery: $80,000

If you're found 51% or more at fault, you cannot recover anything. Insurance companies routinely try to exaggerate the victim's fault to reduce payouts—an experienced attorney can combat these tactics.

What should I do immediately after a car accident?

After a car accident, take these steps:

1. Check for injuries and call 911
2. Move to safety if possible
3. Exchange information with other drivers
4. Document the scene with photos and videos
5. Get witness contact information
6. File a police report
7. Seek medical attention
8. Contact a personal injury attorney

For a complete guide, see What to Do After a Car Accident in Austin.

Is a truck accident case different from a car accident?

Yes, significantly. Truck accident cases are more complex because:

• Injuries are typically more severe due to the size of commercial trucks
• Multiple parties may be liable (driver, trucking company, cargo loader, manufacturer)
• Federal Motor Carrier Safety Regulations apply
• Evidence preservation is critical (trucking companies destroy logs and records)
• Insurance policies are larger but companies fight harder

If you've been hit by a commercial truck, it's essential to work with attorneys experienced in truck accident cases.

Can I sue for a dog bite in Texas?

Yes, you can pursue a claim for a dog bite injury in Texas. Texas uses a combination of approaches:

• One-bite rule: The owner is liable if they knew or should have known the dog was dangerous
• Negligence: Even without prior knowledge, owners can be liable for negligent handling
• Strict liability: Some local ordinances impose strict liability regardless of knowledge

Dog bite cases can result in compensation for medical expenses, scarring, emotional trauma, and more. Learn more about dog bite claims in Austin.

What if I was injured at work?

Workplace injuries have several potential avenues for compensation:

• Workers' compensation: If your employer has workers' comp insurance, you can claim benefits regardless of fault
• Third-party claims: If someone other than your employer caused the injury (contractor, manufacturer), you can sue them
• Non-subscriber claims: If your employer doesn't carry workers' comp, you can sue them directly for negligence

Workplace injury claims can be complex. Consult with a workplace injury lawyer to understand your options.

Do most personal injury cases settle out of court?

Yes. Approximately 95% of personal injury cases settle before going to trial. Settlements can occur at various stages:

• Pre-litigation negotiations
• After filing a lawsuit but before trial
• During mediation
• Even during or after trial (before verdict)

However, having an attorney who is prepared and willing to go to trial often results in better settlement offers. Insurance companies know they face unpredictable jury verdicts if they don't settle fairly.

How long does it take to receive a settlement check?

After a settlement agreement is reached, expect the following timeline:

• 1-2 weeks: Paperwork finalized and release signed
• 2-4 weeks: Insurance company issues check to your attorney
• 1-2 weeks: Medical liens resolved and disbursement processed

Total time from settlement to receiving your check is typically 4-8 weeks. Delays can occur if there are complex medical liens to negotiate or disputes about the settlement terms.

Will I have to go to court?

Usually not. Most cases settle without ever going to court. However, even in cases that don't go to trial, you may need to:

• Give a deposition: Answer questions under oath from the defense attorney
• Attend mediation: A negotiation session with a neutral mediator
• Undergo an independent medical examination: An exam by a doctor chosen by the insurance company

If your case does go to trial, you'll need to attend and may testify. Your attorney will thoroughly prepare you for any required appearances.

What happens at a personal injury trial?

If your case goes to trial, the process includes:

1. Jury selection: Attorneys question and select jurors
2. Opening statements: Each side previews their case
3. Plaintiff's case: Your attorney presents evidence and witnesses
4. Defense case: The defendant presents their evidence
5. Closing arguments: Attorneys summarize and argue their positions
6. Jury deliberation: Jurors decide liability and damages
7. Verdict: The jury announces its decision

Trials can last anywhere from a few days to several weeks depending on complexity.

Who can file a wrongful death lawsuit in Texas?

Under Texas law, only certain family members can file a wrongful death claim:

• Surviving spouse
• Children (including adopted children)
• Parents

These individuals can file individually or together as a joint claim. If none of these parties file suit within three months, the estate's representative may file on behalf of the family. Learn more about wrongful death claims in Texas.

Can siblings file a wrongful death claim in Texas?

No. Under Texas law, siblings cannot file wrongful death claims. The right to sue is limited to the surviving spouse, children, and parents. This can be particularly difficult when the deceased was unmarried with no children and predeceased by parents—in those cases, there may be no one with standing to sue.

What compensation is available in a wrongful death case?

Wrongful death damages in Texas may include:

• Loss of financial support: The income and benefits the deceased would have provided
• Loss of services: Household contributions, childcare, etc.
• Loss of companionship: The relationship value lost
• Loss of guidance and nurturing: For children who lost a parent
• Mental anguish: Emotional suffering of the survivors
• Funeral and burial expenses

Additionally, the estate can pursue a survival action for the deceased person's conscious pain and suffering before death and any medical expenses incurred.