Texas Personal Injury Lawyer

An injury caused by someone else can leave you dealing with medical appointments, missed work, bills, and an insurance company that wants information before you know what your claim involves. A Texas personal injury lawyer can help you understand whether another person or business may be legally responsible and what steps can protect your ability to bring a claim.

Hartley Law represents injured people across the DFW Metroplex and throughout Texas. Our team evaluates claims, investigates what happened, identifies responsible parties, establishes liability, and handles negotiations or litigation when needed. Use the case and injury sections below to find information about your situation, or visit Areas We Serve for help in your community.

Texas Personal Injury Claims at a Glance

• A personal injury claim may exist when another person or business’s negligence caused your injury.
• Texas allows recovery when you are 50% or less responsible, but reduces damages by your share of fault.
• A claim may move from an insurance investigation to a demand, negotiation, lawsuit, and trial if needed.
• Recoverable damages can include economic losses, non-economic losses, and in limited cases, exemplary damages.
• Most Texas injury lawsuits must be filed within two years, though some claims have much shorter deadlines.
• The next step depends on the accident, the injury, the available evidence, and the insurance coverage involved.

Do You Have a Texas Personal Injury Claim?

A personal injury claim generally exists when another party’s negligence caused an injury and measurable losses followed. In practical terms, the other party must have owed you a duty to act reasonably, failed to do so, caused the injury, and left you with damages such as medical expenses, lost income, or physical pain.

A driver who runs a red light and causes a collision may have breached a duty to operate safely. A store that knows about a spill but leaves it unaddressed may have created a dangerous condition for customers. The details matter because the same accident can involve different facts about fault, notice, insurance, and the seriousness of the injury.

Whether it makes sense to pursue a claim depends on liability, the nature of your damages, and the coverage available. A consultation can help sort through those issues and identify what evidence should be preserved.

How Fault Affects Your Recovery: Texas Comparative Negligence

Texas uses a modified comparative fault system, called proportionate responsibility, under Chapter 33 of the Texas Civil Practice and Remedies Code. You may recover damages as long as you are not more than 50% responsible for the injury. If you are 51% or more responsible, Texas law bars recovery.

The distinction between 50% and 51% is important. Recovery is still allowed when an injured person is found exactly 50% at fault, though the damages are reduced by that percentage.

Fault is assigned in percentages that total 100%. A jury can evaluate the conduct of the injured person, the defendant, settling parties, and other responsible third parties. If an injured person is assigned 20% of the fault, a $100,000 damages award would be reduced by 20%, leaving $80,000. This is only an illustration, not a prediction of any case result.

Insurance companies have a reason to argue that the injured person contributed to the accident. Shifting fault can reduce what the insurer pays, and assigning more than 50% of fault can end the claim. Photos, witness accounts, video, vehicle data, maintenance records, and medical evidence can all matter when fault is disputed.

Comparative fault affects nearly every type of Texas injury claim. That is why it should be evaluated early, whether the injury came from a vehicle crash, unsafe property, a workplace incident, or a defective product.

What You Must Prove in a Texas Personal Injury Case

A successful injury claim connects four points in a clear chain. The defendant must have owed a duty of reasonable care, breached that duty, actually and proximately caused the injury, and caused damages.

For example, a property owner may owe visitors a duty to address an unreasonably dangerous condition that the owner knew about or should have discovered. If the owner ignores a leaking ceiling that creates a wet floor, a person slips, and medical records connect the fall to a broken wrist, the evidence may help establish each part of the claim.

Personal injury cases use the civil burden of proof called a preponderance of the evidence. This means showing that a claim is more likely true than not. It is different from the higher standard used in criminal cases, and the injured person carries the burden of proving every required element.

Damages in a Texas Personal Injury Claim

Texas recognizes economic, non-economic, and exemplary damages. The value of a claim depends on the injury, the losses that can be supported with evidence, the degree of fault, and the insurance or assets available to pay a claim.

Economic Damages and How They’re Proven

Economic damages are financial losses that can be documented. They may include past and future medical expenses, lost wages, reduced earning capacity, and property damage.

Medical records, bills, employment records, tax documents, repair estimates, and testimony can help establish these losses. When an injury affects a person’s ability to work or requires long-term care, economists, medical professionals, and life-care planners may be needed to explain projected expenses and income loss.

Non-Economic Damages

Non-economic damages address the personal effects of an injury that do not come with an invoice. They can include physical pain and suffering, mental anguish, disfigurement, physical impairment, loss of enjoyment of life, and loss of consortium.

These losses are supported through the injured person’s testimony, medical evidence, photographs, and statements from people who knew the person before and after the injury. A jury ultimately decides the amount if the case goes to trial.

Exemplary (Punitive) Damages

Exemplary damages are intended to punish particularly serious conduct rather than compensate an injured person for a loss. Under Chapter 41 of the Texas Civil Practice and Remedies Code, they require clear and convincing evidence of gross negligence, malice, or fraud and are not available in ordinary negligence cases.

Texas generally limits exemplary damages to the greater of $200,000 or two times economic damages plus non-economic damages up to $750,000. They also require an award of actual damages first, and limited statutory exceptions can apply in certain cases.

No single number or average can predict what a personal injury claim is worth.

How a Texas Personal Injury Claim Works, Step by Step

Every claim develops differently, but most follow a similar path from treatment and investigation through negotiation and, when necessary, litigation. Early action matters because evidence can disappear, witnesses’ memories can fade, and insurers begin evaluating the case quickly.

1. Get medical care and document the injury: Prompt treatment supports your health and creates a record of what happened. Gaps in care can give an insurer room to argue that the injury was not serious or was caused by something else.
2. Evaluate the claim and investigate: An attorney reviews the accident, available insurance, medical information, and potential defendants. This stage helps determine which legal claims may apply and what facts need further support.
3. Preserve evidence: Photos, video footage, vehicles, electronic data, damaged products, maintenance records, and witness information may be lost if they are not preserved early. Formal preservation notices can be important in commercial vehicle, workplace, and premises cases.
4. Reach maximum medical improvement when possible: Maximum medical improvement is the point at which a doctor believes an injury has healed as much as expected or its long-term effects can be better understood. Demanding payment too early can leave future treatment, work restrictions, or permanent impairment out of the claim’s valuation.
5. Prepare and send a demand: Once the facts and damages are developed, the claim may be presented to the responsible insurer with supporting evidence. The insurer can accept, reject, or make a counteroffer.
6. Negotiate or file a lawsuit: Many claims resolve through negotiation, but a lawsuit may be necessary when liability, damages, or insurance coverage is disputed. Filing suit also allows both sides to use formal discovery to obtain evidence.
7. Complete discovery and mediation: Discovery includes exchanging documents, answering written questions, and taking depositions under oath. Mediation gives the parties a structured opportunity to resolve the dispute before trial.
8. Try the case if needed: If the parties cannot reach an agreement, a judge or jury decides the disputed issues. Most claims settle before trial, but preparing the case as if it may be tried is often what gives negotiations meaningful support.

The Deadline to File a Texas Personal Injury Claim

For many injury claims, Texas Civil Practice and Remedies Code Section 16.003 gives an injured person two years from the date the claim accrues to file a lawsuit. This is a deadline to file suit, not a reason to wait before opening an insurance claim or preserving evidence.

The two-year rule has exceptions. The discovery rule can apply in limited situations when an injury could not reasonably have been discovered, and the limitations period may be tolled for a person who was under 18 or legally disabled when the claim accrued. Those issues are fact-specific and should be reviewed promptly.

Claims involving a government entity can have much shorter notice requirements. Under the Texas Tort Claims Act, notice is generally required within six months of the incident, and some local governments set shorter deadlines.

Missing the applicable deadline generally ends the claim permanently.

Types of Personal Injury Cases We Handle in Texas

The type of accident often determines the evidence, defendants, insurance policies, and legal rules involved. Hartley Law handles a range of injury claims and provides deeper guidance for specific case types.

• Car accidents: Car crash claims can involve distracted driving, speeding, impaired driving, unsafe turns, or failures to follow traffic laws. The evidence may include a crash report, vehicle damage, video, witness accounts, and phone or vehicle data.
• Truck accidents: Commercial truck cases can involve the driver, trucking company, cargo loader, broker, maintenance provider, or another business. Driver logs, inspection records, electronic data, and company safety practices may become central evidence.
• Motorcycle accidents: Motorcycle riders are often blamed unfairly after a crash, even when another driver failed to see them, yielded improperly, or changed lanes without checking. A prompt investigation can help address those assumptions with evidence.
• Pedestrian accidents, bicycle accidents, and rideshare accidents: These cases can involve traffic-law violations, visibility disputes, multiple insurance policies, and questions about a driver’s work status or app activity at the time of the collision.
• Premises liability: Unsafe property claims may arise from falls, inadequate security, dangerous walkways, poor lighting, or other hazards. The case often turns on what the property owner knew or should have known and whether it had time to address the condition.
• Workplace injuries, oilfield accidents, and construction site accidents: A jobsite injury may involve workers’ compensation, a non-subscriber employer, contractors, equipment manufacturers, or property owners. Determining who controlled the work and what safety obligations applied is often an early issue.
• Dog bites: Texas dog-bite claims can require proof that an owner knew or should have known about a dog’s dangerous tendencies, along with evidence about the attack, injuries, and the owner’s conduct.
• Product liability and medical malpractice: Defective products and medical injuries can require specialized evidence about product design, manufacturing, warnings, medical standards of care, and causation. These cases may involve companies or professionals beyond the person directly involved in the injury.
• Nursing home abuse and wrongful death: Neglect and abuse claims may require a close review of care records, staffing, facility policies, and prior notice of risks. When an injury results in death, Texas law provides separate claims for eligible family members and the estate.

Each linked practice area explains the legal issues and evidence that are more specific to that type of accident or injury.

Common Personal Injury Types We Handle

The injury itself affects both the person’s recovery and the proof required in the claim. Medical records are essential, but many serious injuries also require evidence about daily limitations, future care, and the effect on work and family life.

• Traumatic brain injuries: Brain injuries can be difficult to recognize immediately and may affect memory, concentration, mood, speech, balance, and the ability to work. Imaging is not always enough to show the full impact, so treatment records and testimony about functional changes can matter.
• Spinal cord and back injuries: A spinal injury may cause chronic pain, reduced mobility, nerve damage, paralysis, or a need for ongoing care. The claim may require evidence about future treatment, assistive needs, and diminished earning capacity.
• Burn injuries: Burns can require emergency treatment, surgeries, rehabilitation, and long-term scar care. Their effects may include pain, disfigurement, infection risk, and emotional distress.
• Catastrophic injuries: Severe injuries can change a person’s independence, career, and household responsibilities for years. These cases often need coordinated medical and financial evidence to establish the full scope of future losses.
• Fractures and soft tissue injuries: A fracture, torn ligament, or other soft tissue injury can still create significant treatment needs and work limitations. The records should show the diagnosis, treatment plan, recovery course, and any ongoing restrictions.

The type of injury does not determine a claim by itself. Liability, medical causation, fault, and available coverage must all be evaluated together.

What to Do After an Accident in Texas

The steps you take in the days after an accident can affect both your health and the evidence available later. You do not need to solve every issue immediately, but a few practical actions can make a difference.

• Get medical care: Seek evaluation promptly, even if symptoms seem manageable at first. Some injuries become more apparent over time, and early records help connect the treatment to the accident.
• Document what you can: Take photographs of the scene, vehicles, hazards, visible injuries, and damaged property. Save names and contact information for witnesses when possible.
• Get the report: Request the police, incident, or workplace report and confirm that the basic details are accurate. A report is not the final word on fault, but it can identify witnesses, involved parties, and early observations.
• Notify your own insurer: Report the incident under your policy when required. Before giving a recorded statement to the other party’s insurer, consider speaking with a lawyer because your words can be used to dispute fault or reduce the value of the claim.
• Preserve records and avoid quick decisions: Keep medical bills, discharge instructions, work-loss information, repair estimates, and insurer correspondence. Avoid signing releases, accepting a quick settlement, or posting about the accident on social media while the claim is pending.

The first steps after an accident are often simple, but taking them early can protect evidence that may not be available later.

Why Hire a Texas Personal Injury Lawyer

A lawyer’s work begins with understanding how the injury happened and what proof is needed to establish liability. Representation can help identify all potentially responsible parties, preserve evidence, respond to comparative-fault arguments, and evaluate damages that may extend beyond current medical bills.

Personal injury firms commonly work on a contingency-fee basis. That generally means there is no upfront attorney fee and the fee is paid from a recovery. You should also ask how case costs are handled, including whether the firm advances costs for records, experts, depositions, and other expenses that may be needed to develop the claim.

Hartley Law works with injured clients to investigate the claim, document losses, communicate with insurers, and prepare for litigation when a fair resolution cannot be reached through negotiation. The goal is to give clients clear information about their legal options while they focus on medical care and daily life.

Areas We Serve

Hartley Law represents injured people across the DFW Metroplex and surrounding Texas communities. Select your city for local information about personal injury claims and available legal help.

Talk to a Texas Personal Injury Lawyer About Your Situation

Understanding whether you have a claim, how fault may affect it, and which deadline applies can protect important options after an injury. A Texas personal injury lawyer at Hartley Law can review what happened, explain the legal issues involved, and identify next steps based on your specific accident.

Contact Hartley Law for a free consultation to discuss your situation by phone or online. We can review the facts, explain whether a claim may be available, and identify deadlines that should not be missed.

Frequently Asked Questions About Texas Personal Injury Claims

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

You may have a claim when another party owed you a duty of care, failed to meet it, caused your injury, and left you with damages. A consultation can evaluate how those requirements apply to your specific situation.

What if the accident was partly my fault?

Texas allows recovery when you are 50% or less at fault, but your damages are reduced by your percentage of responsibility. Recovery is barred if you are 51% or more at fault.

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

Many personal injury lawsuits must be filed within two years, but an insurance claim should be started much sooner. Claims involving government entities and certain other circumstances can have shorter deadlines.

What is my personal injury claim worth?

The value depends on the injury, medical treatment, lost income, personal impact, fault, and available coverage. No average settlement or single number can accurately predict a specific claim.

Do I have to go to court, or will my case settle?

Most personal injury claims settle before trial. Still, a claim should be prepared carefully enough to move forward in court if negotiations do not produce an appropriate resolution.

What does it cost to hire a personal injury lawyer?

Hartley Law handles personal injury cases on a contingency-fee basis, so there is generally no upfront attorney fee. The fee comes from a recovery, and the firm can explain how case costs are advanced and handled during a consultation.

Should I talk to the insurance company myself?

You should notify your own insurer when your policy requires it. Before giving a recorded statement to the other party’s insurer, consider speaking with an attorney because statements can be used to dispute fault or reduce the claim.

How long does a personal injury case take?

A straightforward settlement may take months, while a litigated or multi-defendant case can take a year or longer. The timeline depends on medical treatment, disputed facts, available evidence, and whether a lawsuit is necessary.