If you’ve been injured due to someone else’s negligence, you may be entitled to compensation for personal injury in Texas — but getting what you deserve can be anything but easy. Navigating the legal system can be overwhelming, especially if you’re unsure whether you have a valid claim or what to do next.
This guide will walk you through the basics of filing a personal injury lawsuit in Texas, explaining the laws, process, and key considerations you should keep in mind.
Facing mounting medical bills, lost wages, or emotional distress? Guzman Law Firm is here to help you fight for the compensation you deserve. Call us at (956) 516-7198 for justice to be served.
How does personal injury work in Texas?
Texas personal injury law is based on the principle of negligence. To have a valid claim, you must prove that another party acted negligently and that their actions directly caused your injuries. Texas follows a modified comparative fault rule, which means you can recover damages as long as you are not more than 50% at fault for the incident. This applies to all personal injury cases, including work injuries and car accidents. Keep in mind that if you were partially at fault for your injuries, your compensation may be reduced by your percentage of fault.
Types of damages in personal injury
In a Texas personal injury case, damages typically fall into three categories:
- Economic: Tangible financial losses such as medical expenses, lost wages, and property damage.
- Non-Economic: Intangible losses like pain and suffering, emotional distress, and loss of enjoyment of life.
- Punitive: Awarded in cases involving gross negligence or malicious intent, designed to punish the defendant and deter similar behavior.
How do I know if I have a case?
Determining whether you have a valid personal injury case depends on several factors. First, you must establish that another party acted negligently, recklessly, or intentionally in a way that caused your injury. If there is clear evidence that someone else’s actions — or failure to act — led to your harm, you may have a strong claim.
You should also consider the severity of your injuries. Minor injuries that heal quickly may not warrant a lawsuit, but if you’ve suffered significant medical expenses, lost income, or long-term effects from your injuries, pursuing compensation could be life-changing. Additionally, if your injury has caused emotional distress, pain and suffering, or diminished quality of life, these non-economic damages can also factor into your claim.
Another crucial element is proof. If you have medical records, witness statements, photos, or police reports that support your case, it will strengthen your chances of success. A Laredo personal injury attorney can assess your situation and help you understand whether your claim is worth pursuing.
If you’re unsure, consulting with Guzman Law Firm can provide clarity and direction.
What is the personal injury claim process?
Wondering how to file a personal injury claim in Texas? Here’s what to expect:
- Seek medical attention: Your health is the top priority. Immediate medical care also helps document your injuries for legal purposes.
- Gather evidence: Collect photos, witness statements, police reports, and any other relevant documentation.
- Consult a personal injury attorney: A lawyer can evaluate your case and guide you through the legal process.
- File an insurance claim: Most personal injury cases begin with filing a claim against the at-fault party’s insurance.
- Negotiate a settlement: The insurance company may offer a settlement. If it’s too low, negotiations may continue.
- File a lawsuit if necessary: If a fair settlement isn’t reached, your attorney will file a lawsuit against the insurance company or liable party.
- Go to trial: If the case isn’t settled during pre-trial proceedings, it may go before a judge or jury.
How long do you have to sue someone for personal injury in Texas?
Texas law imposes a two-year statute of limitations for most personal injury claims. This means you generally have two years from the date of the injury to file a lawsuit. If you miss this deadline, you may lose your right to seek compensation. Exceptions may apply in certain cases, such as injuries involving minors or delayed discovery of harm — and the timeline can be shorter, so don’t wait to contact a personal injury lawyer.
Can I file my own personal injury lawsuit?
While Texas law allows you to represent yourself, self-representation in a personal injury lawsuit is almost never advisable. The legal system is complex, and insurance companies employ teams of lawyers working to minimize payouts.
If you choose to file your own claim, you’ll be responsible for…
- Gathering and preserving evidence (photos, videos, witness statements, medical records, police reports, etc.)
- Filing paperwork correctly and within strict deadlines
- Researching and understanding personal injury laws, legal precedents, and procedural rules
- Negotiating with insurance adjusters who are trained to reduce or deny claims
- Calculating damages, including medical expenses, lost wages, future costs, and pain and suffering
- Responding to legal motions or challenges from the opposing party
- Dealing with medical liens and negotiating reductions for outstanding medical bills
- Preparing and presenting demand letters for settlement negotiations
- Understanding how comparative negligence laws in Texas could impact your case
- Drafting legal arguments and responses to insurance company tactics
- Handling depositions, interrogatories, and requests for evidence
- Attending mediation or arbitration if required
- (In rare cases) Representing yourself in court, including making opening statements, questioning witnesses, and presenting evidence before a judge or jury
At best, this can be an overwhelming task; at worst, it can be near impossible — especially when recovering from an injury. Without legal experience, you may struggle to calculate the full value of your claim or recognize unfair settlement offers. Insurance companies are known for offering lowball settlements to unrepresented claimants, making it difficult to recover fair compensation.
Additionally, court procedures and filing deadlines can be confusing, and errors in documentation or missed deadlines can jeopardize your case. A lack of knowledge about Texas personal injury laws could lead to critical missteps, such as failing to provide adequate proof of negligence or overlooking crucial damages in your claim.
Is a personal injury lawyer worth it?
Absolutely! A skilled personal injury attorney can significantly improve your chances of a successful claim. Here’s how:
- Accurate claim valuation: A lawyer can assess both current and future damages, ensuring you pursue the full compensation you deserve.
- Negotiation with insurance companies: Attorneys understand insurance tactics and can push back against lowball offers.
- Legal knowledge and case preparation: Personal injury cases require strong evidence and legal arguments. A lawyer will build a compelling case for you.
- Court representation: If a fair settlement isn’t reached, your attorney can represent you in court and advocate for your rights.
Studies show that claimants represented by attorneys receive substantially higher settlements than those who represent themselves. An experienced lawyer can level the playing field, ensuring that insurance companies and defendants take your claim seriously.
At Guzman Law Firm, we have the experience and dedication to fight for your rights and maximize your compensation.
What are the odds of winning a personal injury lawsuit? They’re better with Guzman Law Firm.
Sustaining a significant personal injury in Texas is stressful enough without wondering whether you’ll be made whole again. The strength of your personal injury case depends on the credibility of your evidence, the extent of your injuries, and the quality of your legal representation. An experienced attorney on your side can make a substantial difference in the outcome of your claim.
At Guzman Law Firm, we have the experience and dedication to fight for your rights. If you’re considering filing a personal injury claim in Texas, don’t go at it alone. Call Guzman Law Firm (956) 516-7198, or request a consultation online, and let us help you get the justice you deserve.
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