Texas Personal Injury & Catastrophic Injury: How to Maximize Your Claim
A practical guide to maximizing value in Texas personal injury and catastrophic injury claims—from early evidence preservation and medical strategy to insurance negotiations, damages proof, and litigation readiness.
Understanding Personal vs. Catastrophic Injury in Texas
Personal injury covers harms caused by another’s negligence or wrongful conduct. Catastrophic injury refers to severe, often life-altering harms—such as traumatic brain injury, spinal cord injury, severe burns, amputations, or multiple fractures—that significantly impact daily function, employment, and long-term care needs. While liability standards are similar, catastrophic cases require deeper medical, vocational, and life-care analysis to capture lifetime costs and losses.
First Steps After an Injury
- Seek prompt medical evaluation and follow treatment plans to protect your health and create a clear medical record.
- Preserve evidence: photos/videos of the scene and injuries, damaged property, witness names, incident or crash reports, and any available surveillance.
- Avoid recorded statements or broad authorizations to insurers before consulting counsel.
- Track everything: symptoms, missed work, out-of-pocket costs, mileage to appointments, and caregiver time.
Liability and Comparative Fault in Texas
Texas applies proportionate responsibility. Your damages are reduced by your percentage of responsibility, and you cannot recover if your share is greater than 50% (CPRC § 33.001; CPRC § 33.012). Evidence that clarifies fault—such as electronic data recorders, maintenance logs, safety policies, and expert reconstruction—can be pivotal.
Maximizing Damages: Economic, Non-Economic, and Future Losses
- Economic damages: past and future medical expenses, lost wages, diminished earning capacity, home/vehicle modifications, and in-home care.
- Non-economic damages: pain, mental anguish, physical impairment, and loss of enjoyment of life.
- Catastrophic cases often require life care planners, vocational experts, and economists to quantify future needs and present-value costs.
- Document functional limitations: standardized assessments, therapy notes, employer evaluations, and caregiver logs help substantiate impairment.
Medical Strategy That Supports Your Claim
- Use appropriate specialists (neurology, orthopedics, PM&R, burn, trauma psychology) and follow referrals.
- Keep consistent, contemporaneous symptom reporting; gaps or noncompliance can undermine credibility.
- Consider objective testing where clinically indicated (MRI, EMG/NCS, neuropsychological testing). For brain injuries, record cognitive changes at work and home.
- Coordinate benefits responsibly (health insurance, MedPay, PIP, workers’ comp, VA) to maintain care continuity and manage liens.
Insurance Tactics and Negotiation
- Identify all available coverage: liability, employer policies, commercial carriers, UM/UIM, umbrella/excess policies, and potential third parties.
- Anticipate common defenses: preexisting conditions, gap-in-treatment arguments, low property damage, or alternative causation.
- Anchor negotiations with a well-documented demand: liability theory, medical chronology, billing and coding clarifications, impairment evidence, and future cost projections.
- Be prepared to file suit if offers undervalue your losses; litigation readiness often improves leverage.
Special Considerations in Catastrophic Injuries
- Send early preservation letters to defendants and third parties (trucking companies, property owners, product manufacturers) to secure critical evidence.
- For commercial vehicle or premises claims, request policies, inspection and maintenance records, incident logs, training files, and ELD/telematics data where applicable.
- Coordinate with treating physicians on long-term prognosis, maximum medical improvement (MMI), and permanency ratings.
- Evaluate public benefits interactions (Medicare set-aside considerations, Medicaid eligibility) when structuring settlements.
Lawsuits, Timing, and Venue
Texas law imposes deadlines and, in some cases, pre-suit notice. The specifics depend on the claim and defendant. For example, many personal injury claims have a two-year limitations period (CPRC § 16.003), certain health care liability claims require 60-day pre-suit notice and a statutory authorization form (CPRC § 74.051), and claims against governmental units often require notice within six months unless a shorter municipal charter deadline applies (CPRC § 101.101). Consult counsel promptly so key deadlines and venue choices are preserved.
Damage Caps and Government Claims
- Health care liability: noneconomic damages are capped by statute (CPRC § 74.301), with additional procedures such as expert reports (CPRC § 74.351).
- Governmental entities: tort claims require timely notice and are subject to liability limits by unit type (CPRC § 101.101; CPRC § 101.023).
- Exemplary (punitive) damages: generally capped by statute, subject to exceptions (CPRC § 41.008).
When to Consider Trial
If settlement does not reflect the full scope of your losses, trial may be necessary. A strong trial posture includes clear liability themes, credible medical testimony, functional capacity evidence, demonstrative exhibits, and a coherent life-care and economic damages model.
Practical Tips to Strengthen Your Case
- Keep a symptom and activity journal.
- Save all receipts and bills; request itemized statements and CPT/ICD codes.
- Limit social media and avoid posts that could be misconstrued.
- Communicate changes in condition to your providers promptly.
- Revisit your demand package as new records and costs develop.
Checklist: Building a Strong Texas Injury Claim
- Document the scene and injuries with photos/video.
- Collect witness information and official reports.
- Follow medical advice and keep appointments.
- Organize bills, EOBs, and mileage logs.
- Identify all insurance policies and potential defendants.
- Send evidence preservation letters where appropriate.
- Avoid recorded insurer statements without counsel.
- Track work limitations and lost time.
How We Help
Our team investigates liability, preserves evidence, coordinates complex medical documentation, engages qualified experts, negotiates with insurers, and prepares every case as if it will be tried. For catastrophic injuries, we build comprehensive life-care and economic models to pursue the full value of your claim. Speak with our Texas injury team.
FAQ
How long do I have to file a personal injury claim in Texas?
Many personal injury claims have a two-year statute of limitations from the date of injury, with exceptions. Confirm the deadline for your specific case (CPRC § 16.003).
What if I am partly at fault?
You can recover as long as you are not more than 50% at fault, but your recovery is reduced by your percentage (CPRC § 33.001).
Are there caps on damages?
Yes, certain claims have caps, such as noneconomic damages in health care liability cases and limits for claims against governmental entities (CPRC § 74.301; CPRC § 101.023).
Should I talk to the insurance adjuster?
Provide only basic information until you consult an attorney. Avoid recorded statements or broad medical authorizations.
When should I contact a lawyer?
As early as possible to preserve evidence, manage medical documentation, and protect your claim. Contact us today.
Citations
- Proportionate Responsibility: CPRC § 33.001; CPRC § 33.012
- Medical Liability: CPRC § 74.051; CPRC § 74.301; CPRC § 74.351
- Texas Tort Claims Act: CPRC § 101.101; CPRC § 101.023
- Limitations: CPRC § 16.003
- Exemplary Damages Cap: CPRC § 41.008
Disclaimer
This blog is for general informational purposes only and is not legal advice. Reading it does not create an attorney–client relationship. Texas law changes and deadlines vary by case and defendant; consult a Texas attorney about your specific situation.