Personal Injury Claim Process in Texas – A Complete Guide

Filing a personal injury claim in Texas can feel overwhelming, especially when you're dealing with injuries, medical bills, and the stress of an unexpected accident. Understanding how the process works helps you make informed decisions and sets realistic expectations for your case.

The personal injury claim process typically takes anywhere from a few months to several years, depending on the complexity of your case, the severity of your injuries, and whether litigation becomes necessary. While every case is unique, most follow a similar path from accident to resolution.

An experienced Austin personal injury attorney can guide you through each step, handle communications with insurance companies, and fight to maximize your compensation while you focus on recovery.

Step 1 – Seek Medical Treatment

Immediate Medical Attention

Your health is the top priority after any accident. Even if you don't feel seriously injured, many conditions—like whiplash, internal bleeding, or traumatic brain injuries—may not show symptoms immediately. Seeking prompt medical care creates a documented record connecting your injuries to the accident.

Whether you visit the emergency room, urgent care, or your primary physician depends on the severity of your injuries. For serious injuries, call 911 or go directly to the ER. For less severe symptoms, urgent care or a same-day doctor visit can document your condition.

Creating a Medical Record

Follow through with all recommended treatment, including follow-up appointments, physical therapy, and specialist referrals. Gaps in your medical treatment can significantly hurt your case—insurance companies often argue that if you didn't seek treatment, you weren't really injured.

Be honest and thorough when describing your symptoms to healthcare providers. These records become critical evidence in your claim.

Step 2 – Report the Accident

Police Reports

For car accidents, truck accidents, and motorcycle crashes, Texas law requires you to report any accident involving injury, death, or property damage over $1,000. Even when not legally required, a police report creates an official record of the incident.

You can obtain copies of police reports from the law enforcement agency that responded to the accident. These reports often include the officer's observations, witness statements, and sometimes a preliminary determination of fault.

Incident Reports

For workplace injuries, report the accident to your employer immediately and request a copy of any incident report filed. For slip and falls or premises liability injuries, ask the property owner or manager to create an incident report and get a copy for your records.

Step 3 – Gather Evidence

Documentation You'll Need

Building a strong personal injury case requires thorough documentation:

• Photos and videos: Accident scene, vehicle damage, visible injuries, hazardous conditions
• Witness information: Names, phone numbers, and statements from anyone who saw the accident
• Medical records and bills: All treatment records, prescriptions, and medical expenses
• Proof of lost wages: Pay stubs, employer letters, tax returns showing income
• Property damage documentation: Repair estimates, replacement costs, receipts

Preserving Evidence

Some evidence is time-sensitive. Surveillance footage may be overwritten, witness memories fade, and physical evidence at accident scenes can disappear quickly. Acting fast to preserve evidence is crucial.

Important: Be extremely careful about social media. Insurance companies routinely monitor claimants' accounts looking for posts that contradict their claims. Even innocent photos can be taken out of context.

Step 4 – Consult with a Personal Injury Lawyer

Why Early Consultation Matters

The sooner you consult with an attorney, the better positioned you'll be. Early legal guidance helps you:

• Understand the statute of limitations for your claim
• Preserve critical evidence before it's lost
• Avoid common mistakes that hurt your case
• Know what your claim may be worth

What to Bring to Your Consultation

Come prepared with all documentation you've gathered, including the police report, photos, medical records, and insurance information for all parties involved. Write down your questions beforehand so you don't forget anything important.

Attorney-Client Relationship

Personal injury lawyers typically work on a contingency fee basis—you pay nothing upfront and no attorney fees unless you win your case. This arrangement ensures you can access quality legal representation regardless of your financial situation.

Learn more about how to choose the right personal injury lawyer for your case.

Step 5 – Investigation and Case Building

Attorney's Investigation

Once you hire an attorney, they'll conduct a thorough independent investigation. This may include:

• Visiting the accident scene
• Reviewing police and medical records
• Interviewing witnesses
• Consulting with experts (accident reconstructionists, medical professionals)
• Obtaining surveillance footage or black box data

Calculating Damages

Your attorney will work to calculate the full value of your claim, including:

• Economic damages: Medical bills, lost wages, future treatment costs
• Non-economic damages: Pain and suffering, emotional distress, loss of enjoyment
• Future damages: Ongoing medical care, reduced earning capacity

For a detailed explanation of recoverable compensation, see our guide to types of damages in Texas personal injury cases.

Step 6 – Demand Letter and Negotiations

The Demand Package

Once you've reached maximum medical improvement (MMI) or your attorney has sufficient information, they'll send a demand letter to the at-fault party's insurance company. This package includes:

• A detailed account of the accident
• Evidence of the other party's liability
• Documentation of all damages
• A specific compensation amount demanded

Insurance Company Response

The insurance company will review the demand and typically respond with an initial offer—often significantly lower than what your case is worth. This begins a back-and-forth negotiation process.

Your attorney handles all communications with the insurance company, protecting you from tactics designed to minimize your compensation or get you to say something that hurts your case.

Settlement vs. Litigation Decision

If the insurance company makes a fair offer, settling out of court often makes sense—you receive compensation faster and avoid the uncertainty of trial. However, if the insurer refuses to offer fair compensation, filing a lawsuit may be necessary.

Step 7 – Filing a Lawsuit (If Necessary)

Why Cases Go to Litigation

Not all cases settle during negotiations. Litigation may become necessary when:

• The insurance company disputes liability
• There's significant disagreement about damages
• The insurer acts in bad faith
• The statute of limitations is approaching

Filing the Petition

Your attorney files a petition (complaint) in the appropriate Texas court, officially starting the lawsuit. The defendant is then served with the lawsuit and has a limited time (typically 20-30 days) to file a response.

Texas Court System

Depending on the amount in dispute, your case may be filed in Justice of the Peace Court (claims under $20,000), County Court at Law (claims up to $200,000), or District Court (larger claims or cases involving specific subject matter).

Step 8 – Discovery Process

Written Discovery

Both sides exchange information through formal requests:

• Interrogatories: Written questions that must be answered under oath
• Requests for production: Demands for documents, photos, and other evidence
• Requests for admission: Statements the other side must admit or deny

Depositions

Depositions are in-person question-and-answer sessions conducted under oath. You may be deposed by the defense attorney, and your attorney will depose the defendant and witnesses. Your lawyer will prepare you thoroughly for what to expect.

Expert Witnesses

Complex cases often require expert testimony from medical professionals, economists (for calculating lost wages and future damages), or accident reconstructionists.

Step 9 – Mediation and Settlement Conference

What is Mediation?

Before trial, most Texas courts require the parties to attempt mediation—a settlement conference facilitated by a neutral third-party mediator. The mediator doesn't decide the case but helps both sides work toward a resolution.

Preparing for Mediation

Your attorney will prepare you for mediation by discussing the strengths and weaknesses of your case, establishing a realistic settlement range, and developing a negotiation strategy.

Most Cases Settle

Approximately 95% of personal injury cases settle before trial—many during mediation. Settlement offers certainty, faster resolution, and avoids the emotional stress of trial. However, if the defendant refuses to make a fair offer, your attorney will be prepared to take your case to trial.

Step 10 – Trial (If No Settlement)

Trial Preparation

If your case doesn't settle, your attorney will prepare for trial by organizing evidence, preparing witness testimony, and developing a compelling presentation of your case.

The Trial Process

A personal injury trial typically involves:

1. Jury selection: Attorneys question potential jurors to select an impartial panel
2. Opening statements: Both sides present an overview of their case
3. Evidence presentation: Witnesses testify and evidence is introduced
4. Closing arguments: Attorneys summarize the evidence
5. Verdict: The jury decides liability and damages

Post-Trial

After a verdict, there may be post-trial motions or appeals. Once the judgment is final, your attorney works to collect the awarded amount from the defendant or their insurance company.

Personal Injury Claim Timeline

Typical Timeline

While every case is different, here's a general timeline:

• Medical treatment and recovery: Ongoing (wait until MMI when possible)
• Investigation: 1-3 months
• Demand and negotiation: 1-3 months
• Litigation (if filed): 1-2 years
• Total: 6 months to 2+ years

Factors Affecting Timeline

Several factors can speed up or slow down your case:

• Severity and complexity of injuries
• Clarity of liability
• Insurance company cooperation
• Court schedules and caseload
• Whether litigation becomes necessary

Common Mistakes That Hurt Your Claim

Avoid these costly mistakes that can reduce or destroy your compensation:

• Waiting too long to get medical treatment: Delays create gaps that insurance companies use against you
• Giving recorded statements: Never give a statement to the other party's insurance company without your attorney present
• Posting on social media: Even innocent posts can be used to dispute your injuries
• Accepting early settlement offers: First offers are almost always lowball attempts to close your claim cheaply
• Missing the statute of limitations: Texas has strict deadlines—miss them and you lose your right to sue

Learn more about Texas personal injury statute of limitations and filing deadlines.

Why Work with Our Austin Personal Injury Lawyers?

Navigating the personal injury claim process alone puts you at a significant disadvantage against insurance companies with teams of adjusters and lawyers. The Juris Firm provides:

• Step-by-step guidance: We explain what's happening at every stage and what to expect next
• Communication handling: We deal with insurance companies so you don't have to
• Maximum compensation focus: We fight for the full value of your claim
• No fee unless we win: You pay nothing unless we recover compensation for you

See our past case results to understand the difference experienced representation makes.