How Does the Personal Injury Process Work in Texas?

How Does the Personal Injury Process Work in Texas?

May 14, 2021 Off By Glespynorson

Accidents can happen anywhere, at home, on the road, at work, or even while shopping. If an accident resulting from another person’s negligence causes your injury, you may have the right to pursue compensation through a personal injury claim or lawsuit.

A personal injury attorney can help you understand the process of recovering compensation and ensure that you get what you rightfully deserve. Keep reading to understand how the personal injury case works in Texas.

Beginning the process

Initial Consultation with an Attorney

The first step in a personal injury case is hiring an attorney. During the initial meeting, our lawyers will gather information from you and apprise you of your rights and options.

Much like most personal injury law firms, we offer a first free consultation, so you do not have to worry about initial fees. Additionally, we work on a contingency plan basis, meaning we will only get paid a small percentage of the settlement we help you recover.

Case Evaluation

During your case evaluation, we will get all the details regarding your injury. We will also estimate the damages you qualify for and advise you on the best course of action.

Depending on the nature and the circumstances of your injuries, your personal injury settlement in Texas will cover the following damages:

  • Economic damages. Economic damages refer to all injuries that can have a monetary tag attached to them, including medical expenses, lost wages, and property damage.
  • Non-economic damages. These damages refer to losses that do not have a monetary value attached to them, such as pain and suffering, dismemberment, and scarring.
  • Exemplary damages. These refer to punitive measures aimed to punish the at-fault party for recklessness and negligence and are awarded only when the court deems it fit.

Injury Investigation

Once you let us take your case, we will immediately begin our investigation and gather all the evidence we can find. During this stage, our lawyers may:

  • Take your statement and that of the witness(es)
  • Get any police or incident reports available.
  • Consult with other professionals to determine what or who was responsible for your accident.

We may sometimes advise you to seek medical attention. This will ensure that your health is taken care of above all else. Besides, the medical records you get will help legitimize and quantify your personal injury claim or lawsuit.

Filling a Personal Injury Claim

The settlement process starts with contacting the party responsible for your injuries and filing a claim with their insurer. Based on the evidence we have collected and your case’s specific circumstances, our lawyers may be able to negotiate a settlement offer with the at-fault party’s insurance provider.

Usually, filing a claim or settlement negotiation is often done after attaining maximum medical improvement (MMI). Accepting a settlement offer or filing a claim before full recovery runs the risk of undervaluing your case.

While it is essential to wait until a plaintiff achieves MMI, it’s important that you don’t wait for too long. Texas has a two-year statute of limitations on personal injury cases, and it’s crucial that this period doesn’t expire before you file a lawsuit.

Filling a Personal Injury Lawsuit

It is not unusual for the at-fault party’s insurer to deny your claim or fail to make a reasonable settlement offer. When that happens, the next natural step is to file a personal injury lawsuit.

The Discovery Phases

Once the plaintiff has filed a lawsuit and the defendant is summoned to appear for a court date, the next phase in the litigation process is discovery or pre-trial motions. In this phase, each side investigates the other side’s legal claims. The parties involved usually send interrogatories and request relevant documents from each other. The process could also involve the depositions of all parties involved, including witnesses.


In most cases, settlements are reached out of court. However, if you fail to reach a consensus with the opposing party, our skilled Houston personal injury attorneys will represent you in the courtroom. At this stage, the responsibility of deciding a fair amount of compensation lies with the judge or jury.

Disbursement Stage

Once a settlement is reached, whether in the mediation stage or the trial stage, the final step is always the disbursement stage. This stage involves the plaintiff receiving a settlement check and forfeiting their right to pursue compensation for the same injury.

In the End

If you have suffered a personal injury due to another’s negligence in Texas, a skilled Houston personal injury attorneys can inform and help you. They will put up an aggressive fight for your rights, ensuring that you get the maximum compensation you deserve.