Frequently Asked Questions About Texas Personal Injury Claims

Get medical care first, even if the injury seems minor. Some injuries take days to show symptoms, and your treatment record starts the day you're seen. If you can, photograph the scene, collect witness contact information, and keep any police or incident reports. Avoid discussing fault at the scene and hold off on giving the other party's insurer a statement; our guides cover what to do after a car accident, a slip and fall, or a workplace injury.

You likely have a case if four things are true: someone owed you reasonable care, they failed to provide it, that failure caused your injury, and the injury produced real losses such as medical bills, missed work, or pain. The person doesn't have to have meant to hurt you, since most claims involve carelessness rather than intent, as our guide on suing someone who accidentally injured you explains. An injury where no one acted unreasonably, like tripping over your own feet on a well-kept floor, generally isn't a case. Our guide on how negligence is proven walks through each element.

You can still recover in Texas if you are 50% or less at fault, but your compensation is reduced by your share of responsibility. For example, if your damages total $100,000 and you're found 20% at fault, your recovery drops to $80,000. At 51% or more, you recover nothing, which is why insurers often work to shift blame onto the injured person. Our guide to comparative negligence in Texas explains how fault percentages are assigned.

You can recover for the extent the accident worsened your condition, though not for the condition as it existed before. Insurers routinely argue that your symptoms predate the accident, so medical records from before and after the injury are what separate old pain from new damage. Our guide on aggravation of a pre-existing condition explains how these claims are evaluated.

Most Texas personal injury lawsuits must be filed within two years of the injury under Section 16.003 of the Civil Practice and Remedies Code. The deadline applies to filing suit, not to opening an insurance claim, so ongoing negotiations with an insurer don't pause it. Claims against government entities carry much earlier notice requirements, and for an injured child the deadline generally doesn't begin until age 18. Our guide on how long you have to claim an injury in Texas covers the exceptions.

Claims against the state, counties, cities, and other government entities fall under the Texas Tort Claims Act, which generally requires written notice within six months of the incident. Many cities set shorter deadlines in their charters, and missing the notice deadline can end a claim before it starts. The Act also caps damages and limits the types of claims allowed. Our guides on slip and falls in government buildings and accidents involving fire trucks explain how these claims work.

Texas is the only state that lets private employers opt out of workers' compensation, and employers who do are called non-subscribers. If your employer is a non-subscriber, you can sue for negligence, and the employer loses key defenses, including arguing that you were partly at fault or that a coworker caused the injury. Our guide on non-subscriber claims and our workplace injury practice page cover the details.

Check your own auto policy for uninsured and underinsured motorist coverage, known as UM/UIM. Texas insurers must include it in every auto policy unless the policyholder rejected it in writing, so many drivers have it without realizing it. UM/UIM can fill the gap when the at-fault driver is uninsured or carries only the state minimum of $30,000 per injured person. Our car accident practice page and our guide to umbrella policies explain other coverage that may apply.

The surviving spouse, children, and parents of the person who died can file, together or individually; siblings and grandparents are not eligible. If no eligible family member files within three months of the death, the estate's executor or administrator may file instead, unless the family asks them not to. See more in our guide to who can file a wrongful death claim in Texas and our wrongful death practice page.

Immigration status generally does not prevent you from filing a personal injury claim in Texas, because injury cases turn on fault and damages, not citizenship. Status can complicate some parts of a claim, particularly lost wage calculations. Our guide on whether undocumented immigrants can sue for personal injury in Texas covers the details.

Contact a lawyer as soon as your immediate medical needs are handled, because evidence starts disappearing within days: businesses overwrite surveillance footage, damaged vehicles get repaired, and insurers ask for recorded statements early. If you don't have a doctor lined up, Hartley Law can help arrange treatment through its network of medical providers. Our guide on when to hire a personal injury lawyer in Texas covers other signs it's time to call.

Not every claim needs a lawyer. If your claim involves only vehicle damage, or a minor injury that resolved quickly with little treatment, you can often handle it directly with the insurer, and Texas justice courts hear claims up to $20,000. A lawyer becomes more valuable when fault is disputed, treatment is ongoing, the other side is a business or trucking company, or the offer doesn't cover your bills. Our guide on how to file a personal injury claim in Texas walks through the process either way.

You'll talk through what happened, your injuries and treatment so far, and any contact you've had with insurers, and then get a straightforward assessment of whether you have a claim. Bring what you have, such as photos, a police or incident report, medical paperwork, and insurance letters, but don't wait to call if you're missing something. Consultations are free with no obligation, and you can schedule one online, call (469) 289-6063, or text (214) 470-2975 at any hour.

Tell your lawyer everything, including the parts you think might hurt your case. Conversations with your attorney are generally protected by attorney-client privilege, and your lawyer needs to know about prior injuries, earlier claims, social media posts, and your own role in the accident to prepare for what the insurer will find. Facts disclosed early can be planned around, while the same facts surfacing in a deposition can damage your credibility.

Ask who will handle your case day to day, how often you'll hear from them, and how much experience the firm has with your type of injury. Ask how fees and case expenses work, and whether the firm is prepared to take a case to trial if the insurer won't negotiate reasonably. Our guide to finding a personal injury lawyer in Texas includes a full checklist of consultation questions.

Hartley Law handles personal injury cases including car accidents, truck accidents, rideshare and motorcycle crashes, slip and fall injuries, workplace and construction injuries, wrongful death, and more. The firm also represents clients with catastrophic injuries such as traumatic brain and spinal cord injuries, as well as nursing home abuse, sexual abuse, and dog bite cases. To learn more, see all of our practice areas.

Yes. Hartley Law's main office is in Carrollton, with a second office in Rockwall available by appointment, and the firm represents clients throughout the Dallas-Fort Worth area, including Dallas, Fort Worth, Plano, Frisco, Arlington, Denton, and more. To learn more, see all the areas we serve.

Hartley Law handles personal injury cases on a contingency fee, which means the attorney fee is a percentage of the money recovered in your case. You don’t pay a fee upfront or by the hour, and if there’s no recovery, you owe neither an attorney fee nor case expenses. Texas requires contingency fee agreements to be in writing, and the firm walks through the terms with you during your free consultation.

Case expenses are separate from the attorney fee and cover costs like court filing fees, medical records, expert witnesses, and depositions. Hartley Law advances these expenses while your case is active, and if there’s no recovery, the firm absorbs them, so you don’t owe attorney fees or case expenses. If the case does resolve with a recovery, advanced expenses are repaid from the settlement.

Your net recovery is what remains after three deductions from the gross settlement: the attorney fee, case expenses the firm advanced, and any outstanding medical bills or liens. Liens can come from hospitals, which have lien rights under Chapter 55 of the Texas Property Code, and from health insurers seeking reimbursement, and these amounts can often be negotiated down before money is distributed. Texas ethics rules require your lawyer to give you a written statement showing every deduction. Our guide to Texas insurance subrogation explains how health insurer reimbursement works.

Compensation for a physical injury, including medical expenses and pain and suffering, is generally not taxable under federal law, and Texas has no state income tax. Exemplary damages and interest are generally taxable. A tax professional can confirm how your specific settlement is treated; see whether personal injury settlements are taxable in Texas for more.

You aren't required to give the at-fault driver's insurer a recorded statement, and it's usually wise not to, since adjusters use those statements to find inconsistencies or downplay the injury. Your own insurer is different, because most policies require you to cooperate with your own company's investigation. You can give the other insurer your name and contact information and refer everything else to your lawyer; our guides on how recorded statements get used against you and what not to say to an insurance adjuster explain why.

After a car accident, start with personal injury protection (PIP), which Texas insurers must include unless you rejected it in writing; it pays medical bills and lost wages regardless of who caused the crash. Health insurance can also cover treatment, though your insurer may seek reimbursement from your settlement. If neither is available, some providers will treat you under a letter of protection, agreeing to wait for payment until the case resolves. See our guides on PIP coverage in Texas and letters of protection to learn more.

Don't accept any offer until you understand what it covers. Accepting a settlement requires signing a release that permanently ends your claim, and early offers often arrive before you know whether you'll need more treatment, time off work, or future care. Once the release is signed, you can't reopen the claim if the injury turns out to be worse than it looked. Our guide on getting a settlement from a car accident in Texas explains how offers and negotiation work.

Case value depends mainly on your medical treatment and bills, imaging results, lost wages, and the lasting effects of the injury, such as pain, impairment, or disfigurement. Two other factors often matter just as much: how clearly the other party is at fault, and how much insurance coverage is actually available to pay the claim. Texas also limits medical expense recovery to amounts actually paid or incurred rather than the original billed amount, which is one reason a meaningful estimate usually waits until treatment is complete. Our guide to average personal injury settlements in Texas explains how these factors interact.

Economic damages cover losses with a dollar figure, such as medical bills, lost income, reduced earning capacity, and future care. Non-economic damages cover losses without a receipt, including physical pain, mental anguish, impairment, and disfigurement. Texas also allows exemplary damages, sometimes called punitive damages, but only with clear and convincing evidence of fraud, malice, or gross negligence, and they are capped by statute. Our guide on pain, suffering, mental anguish, and disfigurement explains how non-economic damages are evaluated.

Most Texas injury claims move through the same sequence, though not every claim reaches the later stages:

1. Medical treatment: You treat until your condition stabilizes or your doctors can project the care you'll need going forward.
2. Investigation: Your lawyer gathers records, reports, photos, and witness information to establish fault and document your losses.
3. Demand: A demand letter presents the claim and supporting evidence to the insurer.
4. Negotiation: The insurer responds, and both sides negotiate toward a settlement.
5. Lawsuit, if needed: If negotiation stalls or the filing deadline approaches, your lawyer files suit and the case moves into discovery.
6. Mediation or trial: Texas courts commonly order mediation before trial, and cases that don't settle there proceed to a verdict.

Many claims resolve at the negotiation stage without a lawsuit. Our guide on how to file a personal injury claim in Texas covers each step in more depth.

The biggest factor is medical treatment, because a claim usually can't be valued until your doctors know the full extent of the injury. After that, timing depends on whether fault is disputed, how much insurance coverage is available, and whether the case settles through negotiation or requires a lawsuit. Our guide on how long a personal injury lawsuit takes in Texas breaks down each phase.

Most personal injury claims resolve through settlement, and many Texas courts require the parties to try mediation before a case can go to trial. Cases reach trial when the two sides can't agree on fault or value, so Hartley Law prepares each case with that possibility in mind. Our guide to personal injury mediation explains what happens in that process.

After you agree to a settlement, you sign a release, and the insurer sends payment to your lawyer's trust account. Medical liens and reimbursement claims are resolved before anything is distributed, and then you receive your share along with a written breakdown. Timing depends on how quickly the insurer pays and how many liens need to be negotiated; our guide to Texas personal injury settlements covers the process.

It depends on what the settlement compensates. Under Texas community property law, money for your pain, suffering, and disfigurement is generally your separate property, while compensation for wages lost during the marriage is generally community property. Medical expenses paid with community funds can also be treated as community property. See whether your spouse is entitled to your personal injury settlement in Texas.