This comprehensive guide covers what you need to know about personal injury claims in the state of Texas and the role of Texas personal injury lawyers in advocating for victims’ rights.
How Personal Injury Claims Work In Texas
Texas personal injury law covers almost as much ground as the state, itself—from traffic accidents to dog bites to assault to medical malpractice. If you were harmed due to someone else’s negligence (irresponsible behavior), intentionally harmful actions, or a company’s faulty product, you are likely dealing with a personal injury case.
Texas law allows individuals who were wrongfully harmed to pursue monetary compensation from the party legally responsible (known as the liable party). The liable party could be the individual who caused the accident or an entity like a business.
In a nutshell, most Texas personal injury claims work like this:
- You are hurt in an event like a car accident or a slip and fall incident that you believe was unfairly caused by someone else.
- You or the lawyer who takes your case files a claim against the liable party by writing a demand letter. This letter asks for a certain amount of compensation for any losses you suffered as a result of the accident.
- Both parties go back and forth in negotiations, trying to come to an official agreement called a settlement. If you agree to a settlement, you accept a certain amount of money to compensate you for your losses, and in return, you agree to not pursue further compensation against the liable party for the accident.
- If a settlement can’t be reached out of court, the next step is to file a personal injury lawsuit in the appropriate Texas court. This dials up the pressure on both parties to reach an agreement before the case goes to trial.
- If a settlement still can’t be reached, the case goes to trial and a judge or jury decides how much, if anything, you (the plaintiff) are owed by the other party (the defendant) for your losses. Different losses like pain and suffering and medical bills, called damages, are added up to reach the total compensation awarded.
Unfortunately, personal injury claims are rarely a straightforward process. If you pursue a personal injury case, the burden of proof is on you. This means you must prove or disprove any facts the opposing parties can’t agree on. For example, in a car accident case, you might have to prove that the liable party was driving recklessly or that your back injuries were caused by the accident.
In most Texas personal injury cases, you must prove:
- The person named in the case is the liable (legally responsible) party
- That this person harmed you on purpose or due to negligence (carelessness), or that they’re automatically liable like in the case of a manufacturer’s faulty product
- That your injuries were caused by the accident
- That you suffered to the extent you claim, reflected in the amount of compensation demanded
Hiring an experienced Texas personal injury lawyer early in the claims process can make the task of proving your case far less daunting and more likely to result in a fair amount of compensation for your losses.
Texas Car Accident Personal Injuries
Houston, San Antonio, Dallas, Austin: Texas is far from lacking in big cities with a lot of traffic, so it’s no surprise that the state saw over 15,000 serious crashes in 2022 alone.
To help deal with the sheer number of car accident-related cases Texas courts have to process each year, Texas is a no-fault state. This means that every driver in the state must have insurance. If an accident occurs, each driver automatically seeks compensation from their own insurance company, regardless of whose fault it is.
That said, car accident personal injury claims are often made against the liable party in an accident when:
- The injured person’s financial burden exceeds the amount covered by standard insurance.
- The injured person is seeking compensation for non-economic damages like pain and suffering and wrongful death.
Car accident personal injury claims usually require you to deal with insurance companies, which have an interest in paying the minimum settlement amount they need to. Experienced Texas personal injury attorneys like the lawyers at Florin|Roebig know how to deal with insurance companies to get their clients the compensation they’re due and hold reckless drivers accountable.
Step-By-Step Guide To Filing a Personal Injury Claim In Texas
The steps involved in a Texas personal injury claim can vary quite a bit depending on what kind of incident caused your injuries and who was at fault, but most follow the same general process.
Use the following step-by-step guide to better understand the claims process after an accident in Texas:
1. Document Injuries and Other Evidence
If you believe someone else was responsible for the harm you suffered and it’s safe to do so, try to gather supporting evidence immediately following an accident.
Some evidence that may help in a personal injury case includes:
- Pictures of your injuries and damage to your property (such as your vehicle)
- Photos of the accident as a whole
- Copies of police reports
- Contact information of any witnesses
- Medical bills and reports
It’s a good idea to seek medical care after an accident, even if you think you’re fine. Many injuries may seem less serious than they are at first, and getting prompt medical attention can be crucial to your recovery process. In addition, if you file a personal injury lawsuit without going to the hospital immediately, the opposing party may question the extent of your injuries.
2. Seek Legal Representation
Speaking with an experienced personal injury attorney who intimately knows Texas state law can give you a good idea of whether or not you have a strong case against someone and how much compensation you are likely to get if you pursue that case.
If you suffered significant injuries, are facing high costs due to the accident, or your case is otherwise complicated, hiring a lawyer to represent you is often key to getting the compensation you are owed.
A Texas personal injury lawyer can help:
- Determine how much to ask for in a settlement
- Gather and present evidence that effectively supports your case
- Negotiate on your behalf to get a fair settlement
- Navigate complicated Texas-specific legal requirements and proceedings such as filing a lawsuit in the correct court and going through the discovery process
- Win damages in the rare event that your case goes to trial
Most people don’t have much experience with personal injury claims and don’t know how the process works. The legal team at Florin|Roebig is composed of experts in Texas personal injury law who can walk you through the claims process.
3. Gather Evidence
Your lawyer will gather as much information from you as possible to help determine an appropriate amount to demand from the other party and to present as strong a case as possible.
Specifically, your lawyer may:
- Gather medical records and bills resulting from your injury
- Compile related medical records
- Potentially hire someone to interview witnesses
- Find surveillance video footage of your accident
- Consult experts (accident reconstructionists, medical professionals, etc.)
- Gather other helpful evidence
4. File a Claim
Once your lawyer determines you have an adequate amount of evidence to support your claim, they will draft a demand letter and send it to all relevant parties.
A demand letter typically includes:
- Notification that you are pursuing a settlement for your damages
- The facts of the case and what you think happened
- An outline of your injuries and losses
- Evidence that backs up what you’re claiming
- A demand for a certain amount of compensation
An experienced lawyer from a personal injury law firm can help you file your claim correctly. This demand letter will kickstart the negotiation process for a personal injury settlement.
5. Negotiate With Insurers
After you have informed the other party about your claim, the insurance company or liable party will send a response—often an offer that’s much lower than you asked for. Usually, offers are exchanged back and forth between the two parties. Your attorney can advise you on when to refuse or accept an offer and will respond to the other side in a way that moves you closer to getting a fair settlement amount.
6. File a Lawsuit
If both parties can’t agree on a settlement, the next step is to file a lawsuit with the appropriate Texas court.
Filing a lawsuit does not mean that you’ll immediately go to trial. Trials can be long, costly, and unpredictable, so both parties are invested in settling out of court instead. However, filing a personal injury lawsuit shows the other side that you’re serious and can pressure them to reach a fair agreement.
6a. Go Through the Discovery Process
Filing a lawsuit kicks off a process known as discovery. This is where the opposing parties demand information from each other in order to make as strong a case as possible. Discovery can involve cross-examining the opposing party’s witnesses, demanding copies of documents the other party possesses, and viewing physical evidence. The opposing party may also ask you to submit to a medical examination by a doctor of their choice.
6b. Try Mediation
It isn’t just the opposing parties who want to avoid a trial—so does the court. As a result, if you and the other party still can’t come to an agreement after gathering more information during discovery, the court will usually push for mediation.
During mediation, a trained third party tries to help both sides come to an agreement.
7. Reach a Settlement
Most personal injury claims are settled before or by the time they reach the mediation stage. If you can come to a fair agreement with the other party, your lawyer will draft a settlement agreement for all parties to sign.
This agreement will state the amount the other party will pay and in return, you will agree not to pursue further damages for the accident.
8. If a Settlement Can’t Be Reached, Go to Trial
In rare cases, a settlement agreement might not be reached. In that case, you’ll proceed to trial.
Going to trial means your case will be decided by a judge or jury, where having experienced trial lawyers who can communicate why you deserve fair compensation can be critical to winning your case.
“Generally, the more severely you were harmed in a personal injury case, the more you’re owed. It’s when a defendant needs to pay a very large settlement to do right by my client that they tend to push back the hardest and we end up going to trial. That’s when you really want an experienced trial attorney representing you. Look for someone with a long track record of getting large favorable verdicts, who’s proven over and over that they know how to overcome all the tactics defendants use to convince a jury they aren’t responsible for hurting you.”
Triple board-certified trial attorney Tommy Roebig
The attorneys at Florin|Roebig have been winning complex personal injury cases for their clients for over 30 years, averaging over one million dollars and breaking compensation records in several counties across the United States. Our team has proven again and again that we will stop at nothing to fight for the full amount our clients deserve.
What Types of Damages Can You Be Compensated For in a Personal Injury Case?
In the world of personal injury law, the term “damages” refers to all the ways that an injury has negatively affected your life. It also refers to the compensation you might receive for those damages.
Whether your case ends in a settlement or after a successful trial, the total amount of damages determines how much compensation you’ll receive before lawyers’ fees.
Texas state law recognizes three major types of damages you can be compensated for.
Economic or Compensatory Damages
Economic damages, also called compensatory damages, exist to compensate you for the money you had to spend or miss out on because of your injuries.
Examples of economic damages include:
- Medical expenses
- Long-term care expenses
- Lost wages due to inability to work
- Lost business due to inability to work
- Property damage/loss
Economic damages tend to be straightforward; they are based on your actual costs.
Non-economic or General Damages
Compensation also usually includes damages for the emotional impact caused by your injuries. Nothing can bring back someone’s ability to walk or their lost loved one, but the Texas legal system does what it can to monetarily compensate victims through non-economic damages.
Examples of non-economic damages include:
- Physical pain and suffering: Physical pain and serious discomfort you suffered because of the accident. This covers pain you suffered during or immediately after the incident and pain that’s ongoing.
- Emotional distress: Mental or emotional pain suffered because of a serious accident, such as anxiety, depression, and sleep loss.
- Loss of enjoyment: Any day-to-day recreational activities you no longer get to participate in because of the accident.
- Loss of consortium: Damage to or loss of the plaintiff’s relationship with their child, parent, or spouse because of the accident.
Texas applies non-economic damages in specific ways, such as awarding loss of consortium to parents who have lost their child in an accident, but not to parents whose child was injured in an accident. Your lawyer will know what state-specific laws apply to your situation.
Punitive Damages
Sometimes a Texas jury or judge will demand that a defendant pay the plaintiff money beyond what they owe for compensation. These damages, known as punitive or exemplary damages, exist to punish the defendant for blatantly careless or bad behavior and to hopefully discourage that behavior in the future.
Nothing can turn your life back to the way it was before your injury, but damages exist to compensate personal injury victims for the many ways that their lives have been impacted. An experienced lawyer can help you to seek and receive damages you may not have been aware you even qualified for.
Factors That Influence Texas Personal Injury Cases
Personal injury-related laws in the United States share many similarities, but the Lone Star State handles these laws in its own way. These particularities can make all the difference in your case, whether you are filing a claim after a car accident or going to trial in a Texas civil court.
Comparative Negligence
If you’re found to be partially at fault for a personal injury you’re seeking compensation for in the state of Texas, you’ll have to deal with the state’s “modified comparative negligence rule.” This rule reduces the amount you’re rewarded in damages by the percentage you’re at fault.
For example, let’s say you were texting on your phone while walking to use the restroom at a local restaurant. You didn’t notice the soda spilled in front of you and you slipped, injuring yourself. The jury in your personal injury trial finds you to be 25% at fault for the slip and fall accident because you weren’t watching where you were going. As a result, the $100,000 awarded to you in damages is reduced to $75,000.
If you’re found to be more than 50% at fault for your injuries, Texas law does not allow you to collect any compensation from the other party.
While this law technically applies to court trials, the other party will often use arguments based on comparative negligence during settlement negotiations to try and reduce how much you are owed.
Statutes of Limitations
The statute of limitations refers to the law that determines the amount of time you have after an injury to file a lawsuit in civil court.
Texas’s statute of limitations for personal injury cases varies depending on the type of injury, but it is generally 2 years while sex crimes are 5 years.
If you miss the statute of limitations deadline in Texas, your case will likely be dismissed. Keep in mind that the statute of limitations determines how long you have to file a lawsuit—not how long you have to file a claim with an insurance company out of court.
Texas does allow the statute of limitations timeline to be extended in certain cases:
- If the injured person was under 18 at the time of the accident or “of unsound mind.” In this case, the clock starts ticking after the plaintiff becomes 18 or becomes mentally competent.
- If the at-fault party leaves Texas before the lawsuit can be filed. In most cases, the statute of limitations on this case will only begin after the defendant returns to the state.
A Texas personal injury attorney can tell you how long you have to file a lawsuit according to your personal situation.
Venue Considerations
Most personal injury lawsuits must be filed in one of the 400+ Texas district courts across the vast state. Which district court you file at will likely depend on which court serves the county where the person you’re suing lives or where the accident took place. Your attorney can make sure you file your lawsuit at the right venue.
Damage Caps
Texas law has damage caps for specific types of claims. A damage cap is the maximum amount of money a plaintiff can be awarded for a particular type of damage in a personal injury case.
Here are some limits (per claimant) on damages in Texas:
| Damage/Case Type | Damage Cap Per Person |
| Claims against the state government | $250,000 |
| Non-economic damages | $250,000 |
| Wrongful death from medical malpractice | $500,000 |
| Punitive damages (non-felony) | $750,000 |
Damage caps can vary widely depending on the specifics of a case. Your lawyer can give you a better idea of how much you’re likely to be compensated for.
Texas Tort Claims Act
If you are injured and you believe a state government agency or employee is at fault, you must file a claim under the Texas Tort Claims Act. This requires different procedures than a typical personal injury case in the state.
What is the Texas Tort Claims Act?
This act, passed in 1969, determined that the state was not completely immune to liability. As a result, you may be able to sue the state or local government for a personal injury in limited circumstances.
Who is Covered Under the Act?
Nearly any state or local government agency and organization. If an individual wrongfully harmed you while actively working for a Texas agency or organization, your case may also be covered under the act.
When Can You Bring a Case Under the Texas Tort Claims Act?
Two separate situations have to check out before you can get compensation under the act.
You must have an injury that fits at least one of the following:
- Arose from a car or “motor-driven equipment” accident
- Personal injury or death “caused by a condition or use of tangible personal or real property”
In addition, both of the following conditions must apply:
- The government employee who caused the accident was “acting within the scope of his employment”
- The employee would have been liable if they were a private citizen
It can be tricky to tell if you can bring a personal injury claim against the state or a local government in Texas. If you were injured and believe your case applies under the Texas Tort Claims Act, seek advice from a personal injury lawyer as soon as possible.
Common Types of Accidents That Lead to Personal Injury Claims
Motor vehicle accidents top the list of personal injury claims in Texas. In 2022, 18,880 people in the state suffered serious injuries due to crashes. Car accidents are far from the only personal injury claims in the state, however. Texas saw an estimated 1,040 dog bite claims in 2023—the third highest in the country.
Common incidents that result in personal injury claims in Texas include:
- Motor vehicle accidents
- Slip and fall incidents
- Premises liability cases
- Dog bites
- Bicycle accidents
- Construction accidents
- Medical malpractice
- Product liability cases
- Assault and battery
If you are injured at work in Texas, it will likely lead to a worker’s compensation claim, which is a separate category from personal injury claims.
Our Featured Case Results
1 $47.4M Personal Injury Jury Verdict The formal finding of fact made by a jury on matters or questions submitted to the jury by a judge. 2 $42M Motor Vehicle Accident Jury Verdict The formal finding of fact made by a jury on matters or questions submitted to the jury by a judge. 3 $9.55M Firearm Injury Jury Verdict The formal finding of fact made by a jury on matters or questions submitted to the jury by a judge. 4 $5.25M Hospital Negligence Settlement A resolution between disputing parties about a legal case, typically reached before court action begins. 5 $4M Personal Injury Settlement A resolution between disputing parties about a legal case, typically reached before court action begins.
Is Hiring A Personal Injury Attorney Expensive?
People may assume that filing a personal injury claim with the help of a lawyer will cost them a fortune in attorney fees, but this is not always the case.
The personal injury attorneys at Florin|Roebig work on a contingency fee basis, meaning they only get paid when you get a settlement offer from the liable party.
During a free case evaluation, a personal injury lawyer will advise you whether to pursue a claim. You can rest assured they are giving honest advice, because they will only get paid via a percentage of your settlement offer.
Most of the time, lawyers have a relatively good idea of whether pursuing a claim with legal representation will result in favorable case results.
List Of Top-Rated Personal Injury Attorneys In Texas
Since opening in 1985, the award-winning team at Florin|Roebig has dedicated themselves to fighting for those who have suffered due to the wrongful behavior of others. Our team has obtained top-ranking verdicts across the United States, including in Texas.
We have offices located in Houston and Dallas, but no matter where you live in Texas, you can reach out for a consultation to see if we’re the right fit for your case.
Pursuing a personal injury claim in Texas can be a long, confusing process with a lot of legal pitfalls; having a team of award-winning lawyers behind you will help you get the compensation you’re owed.
We offer several areas of expertise, including:
- Case evaluation
- Legal representation
- Negotiation with insurance companies
- Litigation support
We cover personal injury cases of all kinds, including motor vehicle accidents, property liability, dog bites, and more.
The team at Florin|Roebig includes several experienced and capable lawyers serving the state of Texas, including:
- Wil H. Florin, B.C.S.
- Luca G. Esposito
- Chad K. Florin, M.B.A., LL.M.
- Chase P. Florin, B.C.S.
- Neil P. O’Brien, M.B.A.
- Shaun M. Cummings
- Nollys R. Solarte, O.C.
- Lawrence J. Najem, O.C.
- Michael A. Ossi, O.C.
- Taylor D. Roebig
- John J. Hart
- Parker Y. Florin, LL.M.
- Tommy D. Roebig, B.C.S.
- David C. Schinas
- Kevin L.M. Stevens
- Andrew M. Leone, O.C.
- Nicholas S. Costantino
We Are Nationally Awarded Lawyers
Client Success Stories
The team at Florin|Roebig has been honored to represent their clients in some of the largest settlements and verdicts of their kind. Below are just two stand-out cases that our Texas Bar-certified attorneys helped win.
Florin|Roebig Obtains $42M Verdict by Hernando Jury
A team of Florin|Roebig lawyers, including Texas Bar-certified attorneys Wil Florin and Shaun Cummings, won their client the largest injury verdict in Florida at the time. Their underage client was rendered quadriplegic in a crash after being served alcohol at a local Applebee’s and riding in a friend’s truck after he’d also consumed alcohol at the Applebee’s.
Tommy Roebig and Chad Florin Win Jury Trial in Car Accident Case
Florin|Roebig’s client Jeff Ashline was driving through a green light intersection on his way to work when he was struck by a truck. Even though the defendant denied all liability and there were no witnesses at the early hour, a jury found the defendant 100% liable.
The attorneys at Florin|Roebig have worked tirelessly to prove the liability of often powerful defendants determined to argue that they weren’t responsible for the devastating injuries they caused.
The countless settlements and trial damages awarded to our victims have helped them go on to live lives of greater independence, afford alternate career paths and lifestyles after their injuries closed doors on their past lives, and get a sense of closure and justice.
Whether you were wrongfully injured by a business or an individual in Texas, you deserve full compensation for the harm you were caused. Reach out to the experts at Florin|Roebig for a free case evaluation.
Practical Advice for After a Personal Injury
The moments directly after an accident can be terrifying, confusing, and critical to both your well-being and your personal injury case, but even after you’ve left the scene of an accident, there is a lot you can do to strengthen your personal injury claim.
If you or a loved one find yourself the victim of an accident in Texas, here are some steps you can take to increase the likelihood of getting fairly compensated.
Get Your Injuries Treated
Right after an accident, your first priority should be the health and safety of yourself and your loved ones. Make sure you get to safety and get medical attention for any injuries as soon as possible.
“Too many of my clients over the decades have told me that they thought they were fine after their accident, so they didn’t bother getting treated. Then they discovered days or weeks later that they’d suffered serious injuries. If you’re in an accident, I can’t overstate how important it is to get treated promptly by a medical professional—not only to make sure you’re okay, but to create a record of your damages and to make sure the other side can’t use the delay to argue you weren’t badly injured.”
Even if you put off getting treated, if you’re experiencing pain, physical discomfort, or any other problems after an accident, don’t hesitate to seek treatment at a later date.
Collect Evidence
Things like medical bills, emails, messages, and photos of injuries or of the accident can make all the difference in a personal injury case. If you’re able to, exchange contact information at the scene of the accident with witnesses.
Try to keep everything that might serve as evidence in one easy-to-find place.
Talk to Insurers and the Other Party
If you’re in a car accident, contact your insurer before you leave the scene of the accident if you can. If you cannot, contact them as soon as possible. You’ll also want to get the contact information of anyone else involved in the accident, which will be helpful when filing a claim.
Just be careful not to make statements to any insurers or other parties that might make it seem like you’re potentially at fault for the accident. This could hurt your personal injury claim later.
Explore Your Legal Options
If you think someone else may be at fault for an incident that caused you harm, it’s a good idea to reach out to an attorney. The sooner, the better. A legal expert can review your case and tell you what compensation they believe you may be entitled to.
Pursuing a personal injury claim can be daunting, especially in the wake of an injury, but having a team of legal experts working for you who are well-versed in Texas personal injury law can make things orders of magnitude easier.
The more serious your case, the more critical hiring a team of lawyers with a strong track record like the attorneys at Florin|Roebig is likely to be.
Frequently Asked Questions
What percentage do lawyers take for personal injury in Texas?
Most personal injury lawyers work on a contingency fee basis, meaning they take a percentage of the compensation you’re given from a settlement or trial. If you get nothing, so do we. It’s typical for lawyers to take around 1/3 of the total compensation.
How long does it take to settle a personal injury claim in Texas?
The answer can vary wildly depending on the complexity of your case, but settlements typically take between a few months to a year or more to resolve. Of course, if your case goes to trial, it will take longer on average.
What is the statute of limitations for personal injury lawsuits in Texas?
For most personal injury lawsuits, the statute of limitations is 2 years. For sexual assault civil cases, it’s 5 years. Libel is 1 year. It’s best to check with an attorney to confirm the statute of limitations for your specific case since Texas has quite a few variations.
Is there a cap on personal injury claims in Texas?
Texas does have caps on the amount of compensation you can be granted in a personal injury case. These caps come into play in many different scenarios, from non-monetary damages to cases involving the Texas government to medical malpractice. However, Texas courts generally have no cap on financial damages you can be awarded.
Check with an attorney to get a more accurate estimate of how much your case may be worth.
How are personal injury settlements paid out in Texas?
In Texas, personal injury settlements are often paid out in a lump sum via check after you sign a release agreement. This check is made out to the injured party and their lawyer, sent to the attorney’s office, and deposited in a legal trust account.
Often, you’ll have a lien on the settlement or debt that’s owed to medical providers and other third parties because of your medical bills. A personal injury attorney will fight on your behalf to get these expenses as low as possible before paying the third parties what they’re owed.
In addition, most attorneys will take around 33% of the total as their fee.
Once all expenses are paid, you’ll meet with your attorney to finalize the case and receive your check.
Connect With Experienced Texas Personal Injury Lawyers Today
Florin|Roebig’s attorneys have earned their clients record-breaking results across Texas and the United States. If you were seriously and wrongfully injured in Texas, you need a team of experienced Texas personal injury attorneys with a decades-long history of delivering for their clients.
To get your free case evaluation, contact us today by calling (866)-938-4128 or filling out the contact form on our contact page.
Our Texas office addresses are:
Houston Office:
440 Louisiana Street
Suite 900
Houston, TX 77002
Dallas Office:
3010 LBJ Freeway
Suite 1200
Dallas, TX 75234
Conclusion
Between its various statute of limitations deadlines and its special rules for getting compensation from state and local government entities, pursuing a personal injury case in Texas can be as varied as the state itself.
That said, whether you were in a car accident or bitten by a neighbor’s dog, Texas personal injury law still allows for someone who was injured due to negligence or some other wrongful act to seek compensation through a settlement or, in rare cases, a trial.
Getting the compensation you deserve doesn’t have to be a massive ordeal. Experienced Texas personal injury attorneys like the team at Florin|Roebig are dedicated to guiding their clients through every step of the claims process no matter how complex.
