Your Guide to Texas Personal Injury Cases: From Accident to Claim

Learn how Texas personal injury cases work, from accidents to claims, common injuries, key steps, and dealing with insurers in Texas law now.

When someone’s carelessness leaves you injured in Texas, the burden is immense. Recovery is difficult enough without financial worry and pushy insurers, and taking legal action seems like a mountain to climb.  

This overview simplifies the path, detailing common injury claims and the vital actions to begin fighting back. 

Common Personal Injury Cases in Texas: Which One Fits Your Situation? 

Injury law is about fault causing harm. Your specific accident determines the legal path. 

Car, Truck, and Motorcycle Accidents 

The biggest group of claims are car accidents. It comes down to proving the other driver was not paying attention or driving responsibly. 

Premises Liability (Slip and Fall) 

This is for injuries on property. You have to prove the owner knew something was unsafe and ignored it. 

Workplace Injuries 

Injured employees may have both workers’ compensation benefits and a separate claim against a negligent third party, like a driver or equipment company. 

Medical Malpractice 

These are medical negligence cases. They arise when a healthcare professional’s care falls short of what is expected. They are highly complex and require expert medical witnesses to support the claim. 

Product Liability  

An injury from a dangerously designed product can lead to a claim. The company that made or sold the item may be held responsible. 

The Step-by-Step Process of Filing a Personal Injury Claim 

A legal claim is a process, not a one-time action. Overlooking a step or a time limit can risk the case. This is the general path it follows. 

Step 1: The Immediate Aftermath (Preserve Your Claim) 

Early decisions establish the claim’s base. Health is the focus, but these actions also secure your legal rights. 

• Seek Medical Attention Immediately. A doctor’s evaluation connects the accident to the injuries. It is important to follow all treatment instructions. 
• Document Everything. Document the scene, injuries, and property with photos. Secure witness contact information. Write a personal summary of events while the details are clear. 
• Report the Incident. A police report is necessary for a vehicle accident. A slip and fall require written notice to the property owner. 
• Do Not Give Statements. Refuse any recorded statement from the other party’s insurance before speaking with an attorney. 

Step 2: Legal Consultation and Investigation (Building Your Case) 

This is where you transition from victim to claimant with legal representation. 

• Consult a Personal Injury Attorney. Take paperwork to a free initial meeting. An experienced lawyer, such as the attorneys at Brann Sullivan, can promptly evaluate a case and determine responsibility. 
• The Attorney Launches an Investigation. They gather official reports, secure video evidence, consult necessary experts, and compile proof of fault and damages. 
• Understanding “Damages.” Your claim is worth all your losses: medical bills, lost pay, damage, pain, and lasting injury. 

Step 3: Negotiation and the Demand Package 

Your attorney aims to settle without going to court first. 

• They build and send a detailed demand to the insurer with proof and a settlement figure. 
• Expect a low-first offer. Your lawyer negotiates back and forth, which can take weeks. 
• Texas law gives you two years from the accident date to settle or file a lawsuit. 

Step 4: Filing a Lawsuit and Litigation 

If the insurer won’t pay fairly, your attorney sues. 

• The defendant is officially served with the lawsuit. 
• Both sides share evidence through discovery—questions, paperwork, and depositions. 
• The court will probably require mediation before you see the courtroom. 

Step 5: Resolution: Settlement or Trial 

Many lawsuits settle, usually at mediation, for a guaranteed result. 

• With a settlement, your attorney finalizes the deal, pays any liens, and ensures you get paid. 
• Without a settlement, your case goes to trial where your lawyer presents a jury, who determines the verdict and payout. 

How the Legal Fee Structure Works in Personal Injury 

Understanding how your attorney gets paid removes a major source of stress and allows you to focus on your recovery. 

The Standard Contingency Fee Agreement 

Most personal injury cases use a contingency fee agreement. Clients pay no initial costs, and the attorney’s payment is a set percentage of any settlement or judgment received. 

What “Case Costs” Really Means 

Additional attorney fees are case costs, covering expenses such as medical records or witness fees. A respected firm like Brann Sullivan advances these costs, recovering them solely from a successful settlement. 

The Long-Term Impact of Your Injury Settlement 

A settlement or verdict is not just about past bills; it’s a resource for your future stability and health. 

Accounting for Future Medical Needs 

If you’ll need care for years, your lawyer must include that in your claim. They work with medical professionals to put a price on your future needs. 

Compensating for Lost Earning Capacity 

When an injury reduces future work ability, compensation for lost earnings may be sought. Economic experts calculate the loss between previous and diminished earning potential. 

Why Experience with Insurance Tactics is Non-Negotiable 

The insurance company’s goal is to pay less. They delay, dispute injuries, and make low offers. A firm like Brann Sullivan with deep experience anticipates this, building a formidable case and trial readiness that demands fair compensation. This legal process is how your secure resources heal.  

To start with an advocate who knows the path, get help with a personal injury case in Houston. Call Brann Sullivan today.