Accidents can cause physical pain, emotional distress, and financial uncertainty. If you or a loved one has been injured due to someone else’s negligence in Houston, you likely have questions about your legal rights and options. Having a personal injury FAQ to refer to throughout the process can ease some of the stress associated with making a claim.
What Is Considered a Personal Injury Case in Texas?
A personal injury case arises when a person suffers harm because of another party’s negligent, reckless, or intentional actions.
In Texas, this includes incidents such as:
- Car, truck, and motorcycle accidents
- Slip and fall or premises liability accidents
- Workplace injuries caused by third parties
- Dog bites or animal attacks
- Defective product injuries
- Medical malpractice
- Wrongful death
To succeed in a personal injury claim, the injured party (plaintiff) must show that the other party (defendant) had a duty of care, breached that duty, and caused damages.
How Long Do I Have to File a Personal Injury Claim in Texas?
Under Texas law, the statute of limitations for most personal injury claims is two years from the date of the injury. This includes car accidents, slips and falls, and wrongful death. Failing to file a lawsuit within that time could permanently bar you from recovering compensation.
What Compensation Is Available in a Texas Personal Injury Case?
If your injury claim is successful, you may be entitled to recover damages such as:
- Medical expenses (past and future)
- Lost income and reduced earning capacity
- Property damage
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium
- Punitive damages in cases of extreme negligence or misconduct
The total amount depends on the severity of your injuries, how they affect your life, and the strength of your evidence.
What If I Was Partially at Fault for the Accident?
Texas follows a modified comparative fault rule with a 51% bar. You can still recover damages if you were less than 51% at fault. However, your compensation will be reduced by your percentage of responsibility.
For example, if you were found 30% at fault and awarded $100,000 in damages, your final recovery would be $70,000. If you were 51% or more at fault, you would be barred from recovering anything.
Do I Need a Lawyer for a Personal Injury Claim?
While you’re not legally required to have a lawyer, hiring an attorney is strongly recommended. Insurance companies may try to undervalue your claim or deny it outright.
A skilled personal injury lawyer can:
- Investigate your case and gather evidence
- Handle communication with insurers
- Assess the full value of your damages
- Negotiate a fair settlement
- Take the case to court if needed
Having legal representation ensures your rights are protected and gives you the best chance at maximizing your compensation.
How Much Does It Cost to Hire a Personal Injury Lawyer?
Most personal injury lawyers in Texas work on a contingency fee basis. This means you pay no upfront fees. Instead, your attorney receives a percentage of your settlement or jury award, typically between 33% and 40%. If you do not win your case, you owe nothing in attorney’s fees.
How Long Will My Case Take to Resolve?
Each case is different. Some settle within a few months, while others, especially those involving serious injuries or disputed liability, can take a year or longer.
The timeline depends on factors such as:
- The complexity of your case
- The length of your medical treatment
- Whether fault is disputed
- Willingness of the insurer to offer a fair settlement
- Whether litigation is required
Your attorney can provide a more accurate estimate once the facts of your case are clear.
Can I Still File a Claim if I Didn’t Go to the Hospital Right Away?
Yes, but it may be more challenging to prove your injuries were caused by the accident. Delays in seeking medical care can create gaps in your record that insurers may use to challenge your claim. It’s important to get evaluated by a doctor as soon as possible and follow all recommended treatments.
What Should I Do After an Accident in Houston?
If you’ve been injured, take the following steps to protect your health and your legal claim:
- Get medical attention immediately
- Call the police and obtain an accident report
- Take photos of the scene, damage, and injuries
- Gather witness names and contact information
- Avoid discussing fault at the scene
- Notify your insurance company
- Contact a personal injury lawyer before speaking to the other party’s insurer
Documenting your injury and preserving evidence early can significantly strengthen your claim.
What If the At-Fault Party Has No Insurance?
If the responsible party lacks liability insurance or has insufficient coverage, you may still have options. If the accident was vehicle-related, you could file a claim under your own uninsured or underinsured motorist (UM/UIM) policy. In other cases, your lawyer may explore whether third parties share responsibility or if assets can be pursued through a personal judgment.
Contact Our Houston Personal Injury Lawyers for a Free Consultation
A personal injury can leave you overwhelmed and uncertain about what comes next. We’re here to provide clarity, legal strength, and dedicated support. Our experienced team in Houston knows how to navigate Texas personal injury law, deal with insurance companies, and fight for the full compensation you deserve.
Don’t face this alone. For more information, please get in touch with the Houston personal injury attorneys at Simon & O’Rourke Car Accident & Personal Injury Lawyers at our nearest location to schedule a free consultation today.
Simon & O’Rourke Car Accident & Personal Injury Lawyers
440 Louisiana St Suite 1115, Houston, TX 77002
(281) 667-4081