FAQ

If you were injured because of someone else’s negligence—such as in a car crash, slip and fall, or workplace incident—you may have a valid personal injury case.

Liability, damages, and causation are the three key elements your attorney will assess. An initial consultation can help you understand whether your situation qualifies.

In Texas, you generally have two years from the date of the injury to file a personal injury lawsuit. Missing this deadline could mean forfeiting your right to compensation.

However, there are exceptions depending on the circumstances of your case.

Fault is determined based on evidence such as police reports, medical documentation, witness testimony, photos, and expert analysis.

In Texas, the modified comparative fault rule means your compensation may be reduced if you’re found partially at fault. An experienced attorney will gather and present evidence to support your claim.

Case value depends on factors including medical bills, lost wages, pain and suffering, and how the injury has affected your quality of life. More serious or long-term injuries typically lead to higher compensation.

A lawyer can provide an estimated range based on prior similar cases and your specific situation.

Pain and suffering can be shown through medical records, therapy notes, prescriptions, personal journals, and statements from family or coworkers.

These non-economic damages are subjective but critical in many claims. Documentation and consistent treatment are essential to support this claim.

Insurance companies assess liability, injury severity, medical records, and lost income to estimate claim value. Many carriers also use internal software and historical data to generate ranges for settlement.

Because the insurer’s goal is often to minimize payout, having legal representation helps ensure your damages are fully documented and valued.

Avoid giving recorded statements or signing documents before speaking with an attorney. Adjusters may push for a quick, low settlement.

Direct communications through your lawyer to protect your interests and prevent statements from being used against you.

For a third-party claim, gather the at-fault party’s insurance details, a clear account of the incident, and documentation of your damages (medical bills, wage loss, photos, reports).

Your attorney will prepare and send a demand letter with supporting evidence, which begins negotiations with the insurer.

Hire an experienced personal injury attorney who can value your claim and negotiate effectively. Meticulously document injuries, follow medical advice, and avoid rushing to accept the first offer.

A well-supported case with consistent treatment records and proof of losses increases settlement leverage.

Warning signs include unreasonable delays, inadequate investigations, denying claims without valid reasons, or offering far below a reasonable value.

If you suspect bad faith, your attorney can pursue a separate claim. Texas law allows penalties and additional damages against insurers that fail to handle claims fairly and promptly.

Avoid delays in medical treatment, posting on social media, or speaking to insurance adjusters without legal representation. These actions can undermine credibility and be used against you.

Consult your attorney before signing documents, giving statements, or making major decisions related to your case.

You should receive regular updates, timely answers to questions, and clear explanations of next steps. Your lawyer should be proactive, transparent, and focused on your goals.

If you feel ignored or confused about the process, raise the issue promptly and ask for a communication plan.

Start by speaking directly with your attorney. Many concerns stem from miscommunications that can be resolved through an open conversation about expectations and timing.

If issues persist, request a case status meeting or consider seeking a second opinion.

Ask your attorney for periodic status updates or summaries of recent activity, deadlines, and next milestones.

When available, use a client portal or shared dashboard to review documents, bills, medical records, and correspondence.

You decide whether to accept a settlement or go to trial. Your lawyer provides legal advice and strategy, but key decisions are yours.

Clear communication ensures the case plan reflects your priorities, risk tolerance, and timeline.

Be honest and consistent about how the injury occurred and how symptoms affect daily life and work. Tell your doctor you have an active legal claim so records reflect objective findings, diagnosis, and functional limits.

Attend all appointments and follow treatment plans to support medical causation and damages.

Avoid discussing your case on social media and ask friends and family not to post about the accident or your recovery.

Route questions from others through your attorney and limit sharing sensitive updates to essential parties only.

Seek care from a therapist or counselor and follow any mental health treatment plans. Track symptoms, triggers, and progress in a journal.

These records support your recovery and can substantiate claims for pain, suffering, and emotional distress.

Provide medical documentation outlining restrictions and expected time away. Explore job-protected leave (such as FMLA, if applicable) and reasonable accommodations with HR.

Your attorney can help you communicate needs while maintaining privacy.

Your lawyer will evaluate whether the offer covers current and future medical costs, lost wages and earning capacity, and non-economic damages like pain and suffering.

They will compare the offer to the strength of liability, documentation of damages, and outcomes in similar cases. Never accept an offer without legal review.

There’s no universal amount—recoveries depend on injury severity, medical costs, lost income, and how the injury affects daily life. Catastrophic or long-term injuries typically yield higher compensation.

After reviewing your records and liability facts, your attorney can provide a ballpark range informed by similar cases and expert input.

Your lawyer will weigh the strength of liability and damages against the risks, costs, and time of trial. If an offer fully and fairly covers your losses, settling may avoid months of litigation.

If the offer is inadequate, proceeding toward trial (or using mediation/arbitration leverage) may be the best path to full compensation.

Your attorney can challenge a denial by supplying additional evidence, requesting reconsideration, or filing suit. The process may involve insurer appeals, mediation, or court proceedings.

Act quickly—strict deadlines apply for both internal appeals and lawsuits.

You may file under your own uninsured/underinsured motorist (UM/UIM) coverage. In some cases, your attorney may also pursue the at-fault party’s personal assets or other responsible entities.

UM/UIM claims have specific notice and proof requirements—legal guidance helps protect your rights.

If a defendant does not voluntarily pay a judgment, your attorney can seek enforcement through wage garnishment, bank levies, judgment liens, or post-judgment discovery to locate assets.

Courts provide tools to convert a paper judgment into actual compensation.

Instead of a lump sum, funds are paid in scheduled installments over time. Structures can be tailored for long-term needs, minors, or tax/financial planning goals.

Your attorney can compare a lump sum versus structured schedule to match your risk tolerance and cash-flow needs.

Most personal injury lawyers work on contingency—you pay attorney’s fees only if there is a recovery. Case costs (filing fees, experts, records) are typically advanced by the firm and reimbursed from the settlement or judgment.

Fee percentages and cost handling should be explained in your engagement agreement.

Exceeding limits is more common in severe injury or wrongful death cases. When damages surpass the at-fault party’s coverage, your lawyer may pursue an umbrella policy, additional liable parties, or the defendant’s assets.

Identifying all coverage sources early can increase total recovery.

They thoroughly investigate liability, document all damages (medical, wage loss, future care), and include non-economic harms (pain, suffering, loss of enjoyment). They also negotiate assertively and explain strategy and options clearly.

Regular updates and transparent valuations are signs your interests are prioritized.

Most checks carry a deposit window of about 90–180 days, depending on the issuer and bank policies. Deposit or cash promptly to avoid delays or reissuance.

Your attorney can clarify deadlines and manage disbursement logistics.

A wrongful death claim is brought by eligible surviving family members for losses they suffered due to a loved one’s death, rather than by the injured person. Recoverable damages can include loss of companionship, loss of financial support, funeral and burial costs, and mental anguish.

The burden of proof is similar to personal injury cases: you must show the death was caused by another party’s negligence or wrongful act.

In most cases, the deadline (statute of limitations) is two years from the date of death. Limited exceptions may apply, such as delayed discovery or certain claims involving minors.

Consult an attorney promptly to identify the correct deadline and preserve your rights.

Texas allows spouses, children, and parents to bring a wrongful death claim. Compensation is typically allocated based on the closeness of the relationship and the extent of financial and emotional dependence on the deceased.

Distribution may be decided by agreement (often through mediation) or by the court if the parties cannot agree.

You may file a civil wrongful death lawsuit in addition to any criminal DUI/DWI case. The civil suit seeks financial compensation for losses such as funeral expenses, loss of income/benefits, and mental anguish.

Evidence from the criminal investigation—such as police reports, BAC results, and witness statements—can support the civil claim.

Grief, mental anguish, and loss of companionship are non-economic damages that may be awarded to eligible family members. Although harder to quantify than medical bills or wages, these damages recognize the profound personal loss.

Your attorney will use testimony, documentation, and expert opinions to demonstrate the extent of the emotional harm.

Seek medical treatment immediately, follow your doctor’s orders, and keep all appointments. Document everything—photos, witness details, bills, and a symptom journal.

Avoid discussing your case publicly and follow your attorney’s advice. Consistent, thorough records make liability and damages easier to prove.

The safest choice is not to post. Even casual or vague updates can be taken out of context and used against you by insurers or defense counsel.

Keep your case private and direct friends or reporters to your attorney for any questions.

Create a dedicated folder or drive for medical records, bills, insurance letters, photos, and correspondence. Maintain a daily journal describing pain levels, limits at work/home, and missed activities.

Sharing organized documents helps your attorney move your case forward efficiently.

If the other driver is at fault, their insurer typically covers a comparable rental while your vehicle is repaired. If liability is disputed, you may use your own policy’s rental coverage and seek reimbursement later.

Save all invoices and receipts to support repayment.

Get evaluated promptly and follow the treatment plan (e.g., physical therapy, medications). Soft tissue injuries may not appear on X-rays, so consistent clinical notes and progress reports are crucial.

Your attorney will include these records in a demand package to document pain, limitations, and costs.

Work with your physician or pain specialist to develop a comprehensive plan (therapy, medications, injections, lifestyle changes). Track symptoms, flares, and functional limits.

Detailed medical documentation can significantly increase the value of your claim for ongoing pain and limitations.

If you already signed a settlement release, reopening is usually not possible. If your matter is still pending, notify your attorney immediately so new symptoms can be evaluated and added to your claim.

Prompt reporting helps maintain credibility and ensures full consideration of your damages.

Government claims have stricter rules and short notice deadlines (sometimes as little as six months). Your lawyer typically must file a formal notice of claim before a lawsuit can proceed.

Act quickly—missing a statutory deadline can bar recovery entirely.

In Texas, you may recover if you are less than 51% at fault, but your award is reduced by your percentage of responsibility.

Your attorney will use evidence to minimize your share of fault and maximize your net recovery.

An experienced attorney values all damages (medical care, lost wages, future costs, pain and suffering), negotiates with insurers, and brings in experts when needed. They manage deadlines and protect you from lowball tactics.

Claimants with counsel routinely achieve higher settlements than those handling claims alone.