You’re heading home after a long day when another driver runs a red light, slamming into your car. The collision leaves you with a totaled vehicle, mounting medical bills, and time off work due to chronic pain. The other driver’s insurance company offers you a settlement but doesn’t even cover half of your expenses. What do you do next?
This is the reality for many Texans who find themselves dealing with the aftermath of a preventable accident. Filing a personal injury lawsuit in Texas is the best way to pursue the compensation you need to recover, but if you’ve never done so before, you probably have many questions.
In this guide, we’ll explain everything you need to know about filing a personal injury lawsuit in Texas. You’ll gain practical insights to help you take control of your case and learn more about how an experienced attorney can help you get results.
Step 1: Understand the Legal Framework in Texas
Texas has laws that directly impact how claims are handled, and knowing what they are can help you start on the right foot. Here are the rules and deadlines that you’ll need to understand:
- Statute of Limitations: In Texas, an injured person has two years from the date of their injury to file a lawsuit. If you miss this deadline, you will likely lose your chance to seek financial compensation.
- Modified Comparative Fault: Texas follows a 51% modified comparative negligence rule, meaning you can only recover damages if you’re less than 51% at fault for the accident. If you share some responsibility, your compensation will be reduced by your percentage of fault.
- Damage Caps: While most personal injury claims don’t have limits on compensation, cases like medical malpractice or lawsuits involving a governmental entity have restrictions.
When you understand your rights and responsibilities, you’re better equipped to build a case that stands up to scrutiny.
Step 2: Seek Medical Attention Immediately
After an accident, your health is your top priority. Many people make the mistake of delaying treatment, either because they have no visible injuries and feel fine initially or they’re worried about costs. But here’s the truth: waiting too long can hurt your recovery and weaken your case. Even minor injuries can escalate without proper care, and the sooner you document your condition, the better positioned you are to prove the connection between your injuries and the accident.
When you seek medical care immediately after leaving the accident scene, it supports your personal injury claim in the following ways:
- Establishes a Medical Record: Medical records link your injuries directly to the accident and provide vital evidence that your treatment was necessary. Without these records, insurance companies might argue that your injuries weren’t related to the incident or that they didn’t require extensive care.
- Demonstrates Bodily Injury Severity: Accurate and relevant documentation from healthcare providers helps quantify the extent of your injuries. This is key when calculating compensatory damages, including future medical costs and rehabilitation expenses.
- Prevents Disputes About the Cause of Your Injuries: Insurance adjusters love to argue that injuries weren’t caused by the accident, or that they aren’t as bad as you claim. Prompt medical attention creates a clear timeline that ties your severe injuries directly to the accident, leaving little room for a legal dispute.
Even if you feel fine after an accident, don’t skip a medical evaluation. Some injuries, like concussions, internal bleeding, or whiplash, don’t show symptoms immediately but can worsen over time. A medical professional can identify these hidden issues early and recommend the right treatment plan.
Step 3: Gather Evidence to Support Your Claim
When it comes to filing a personal injury lawsuit in Texas, evidence is everything. It provides the proof you need to show the other party’s negligence and the extent of your financial losses. Without it, you’re relying on assumptions rather than hard facts, and insurance providers will take advantage of that. Here are the pieces of evidence you’ll want to collect:
- Photographs and Videos: A picture is worth a thousand words, and in personal injury cases, it’s often worth thousands of dollars. Photographs and videos can capture critical details that might otherwise be forgotten or disputed.
- Witness Statements: Eyewitness accounts add credibility to your version of events, especially when the responsible party disputes fault. Insurance claims adjusters are less likely to dismiss your claim when you have neutral third-party accounts supporting your case.
- Accident Reports: Official accident or police reports provide an unbiased account of the incident, making them invaluable in personal injury cases. Request copies as soon as possible. Your attorney can help you obtain reports if you face delays.
- Receipts and Bills: Every dollar you spend as a result of the accident should be documented. These detailed records show the financial impact of your injuries and help calculate economic damages. Collect proper documentation for medical treatments, property damage repair or replacement, lost income, and out-of-pocket expenses.
Step 4: Consult a Personal Injury Lawyer Early
When you’re injured and facing mounting medical bills or lost income, it can be tempting to handle your case on your own. After all, why involve a lawyer when you can save on fees? Here’s the truth: filing a personal injury lawsuit in Texas without professional help often leaves you at a disadvantage. Here’s how a personal injury attorney can help:
- Free Case Evaluation: The first question most people ask is, “Do I even have a case?” An experienced attorney at Texas Law Guns can give you an honest, informed answer. They’ll evaluate the circumstances of your accident, identify the liable parties, and determine the value of your insurance claim.
- Evidence Gathering: An experienced lawyer knows exactly what to look for and how to gather it. They’ll subpoena accident reports and medical records, work with investigators to gather additional evidence, like surveillance footage, and consult with experts, such as accident reconstruction specialists or medical providers.
- Negotiation Skills: If you’ve ever dealt with an insurance adjuster, you know they don’t make things easy. Your car accident attorney will counter lowball settlement offers and strive to build a case so strong that insurers are pressured to settle fairly
- Trial Representation: If negotiations don’t result in a fair settlement, the next step is taking your case to court. This can be intimidating, but your lawyer will make sure that you’re fully prepared for the legal proceedings.
Step 5: File Your Lawsuit
Once you’ve gathered evidence and consulted with a lawyer, the next step is formally filing your lawsuit. This involves submitting legal documents to the court that outline your negligence claim and request for damages. The steps are outlined below:
- Draft and File a Complaint: The complaint is the foundation of your lawsuit. It’s a legal document that outlines what happened during the incident, why you believe the defendant is responsible, and the financial compensation you’re seeking, such as medical expenses, lost wages, and non-economic damages like emotional distress, mental anguish, loss of enjoyment of life, and pain and suffering.
- Serve the Defendant: After filing the complaint, the next step is serving it to the defendant. This involves formally notifying the responsible party that they’re being sued. Service is typically carried out by a process server or law enforcement officer to ensure it’s done correctly.
- Await the Defendant’s Response: Once the defendant is served, the waiting game begins. During this time, the defendant and their legal team will review your complaint and decide how to respond. Their response shapes the direction of your lawsuit. For instance, a counterclaim might introduce new issues, while a motion to dismiss could challenge the validity of your case.
- Begin the Discovery Phase: The discovery stage is where both sides gather and exchange evidence. This phase is critical for building your case and uncovering the defendant’s strategy. Discovery typically includes depositions (sworn testimonies from witnesses, experts, or the involved parties), interrogatories (written questions that the opposing side must answer under oath), and requests for relevant evidence, such as medical records, accident or incident reports, or emails
Step 6: Engage in Negotiations or Mediation
Once your lawsuit is filed, the next phase often involves settlement discussions. This is when the defendant’s legal team or insurer may approach you with an offer to resolve the case outside of court. Here’s how it usually unfolds:
- The defendant’s insurer may present a settlement amount, often lower than what your case is worth.
- Your lawyer will respond with a demand letter outlining why the initial offer is inadequate and proposing a more realistic figure.
- Both sides will negotiate, using vital evidence and legal arguments to support their positions.
Sometimes, courts even require mediation to encourage both parties to find common ground. Most personal injury lawsuits are resolved at this stage, but if the defendant refuses to offer a fair settlement, your case will move forward to trial.
Step 7: Prepare for Trial
If settlement negotiations and mediation fail, your case will move to trial. While most personal injury lawsuits settle before reaching this stage, trial is sometimes necessary to secure the fair compensation you need. Going to court is a chance to present your story, backed by evidence, to a judge or jury. It’s also an opportunity to hold the at-fault party accountable in a way that negotiations can’t always achieve.
A personal injury trial might sound intimidating, but preparation is the key to success. Here’s a breakdown of what to expect at trial and how it all unfolds.
- If your case is being heard by a jury, the personal injury trial begins with jury selection. Both sides work together to choose impartial jurors who will review the evidence and decide the outcome. Jurors who might not be fair to one side are excluded.
- Once the jury is selected, both sides present opening statements. This is the first opportunity to outline the case and set the tone for the trial. Your lawyer will explain how the accident happened, who was at fault, and the damages you’ve suffered. The defense will also present their version of events and attempt to minimize their client’s liability.
- Both sides will present evidence to support their arguments. Your lawyer will use this stage to build a compelling case that demonstrates the defendant’s responsibility for your catastrophic injuries. The opposing side may try to dispute the severity of your injuries or argue that you share responsibility for the accident.
- After all evidence has been presented, both sides deliver their closing arguments. This is the final opportunity to summarize their positions and convince the jury. Your lawyer will tie together the evidence and explain why you’re entitled to maximum compensation while the defense will attempt to downplay your claims and highlight any perceived weaknesses in your case.
- The final stage is the jury’s deliberation. Jurors discuss the case in private, weigh the evidence, and decide whether the defendant is liable and how much compensation you’re entitled to. Once deliberation is over, the jury will deliver a verdict that either awards compensation or denies your claim.
Get a Free Consultation From a Texas Personal Injury Lawyer
Knowing how to file a personal injury lawsuit in Texas is an important first step toward securing the compensation you’re entitled to. While it’s possible to handle an insurance claim on your own, the stakes are high, and missteps can cost you time and money. Hiring a lawyer ensures you’re equipped to counter insurance company tactics, calculate damages accurately, and, if necessary, argue your case in court.
If you’ve been injured in Texas and need help filing a lawsuit, don’t wait. Contact the Texas Law Guns, Injury and Accident Lawyers, to schedule a free initial consultation and case review. Our law firm has helped hundreds of injured clients get the settlement or jury verdict they need, and we’ll fight for the same results in your case. For more information, please call (210) 800-0000 or contact us online today.
Related: What to Do If an Insurance Company Offers a Low Settlement
The Villarreal & Begum, LAW GUNS dedicates their time and effort towards helping people in Texas find justice for personal negligence encountered while living their normal, everyday lives.