Rio Hondo Personal Injury Attorney — Texas Representation

How long do I have to file a personal injury lawsuit in Texas? Most personal injury lawsuits in Texas must be filed within two years from the date of injury. There are exceptions for certain circumstances, so contact an attorney promptly to preserve your rights. What if the insurance company contacts me right after the crash? Insurers may request statements and may make early offers. You are not required to accept a quick offer. Consult with legal counsel before signing releases or accepting settlement offers to ensure your recovery covers current and future needs.

Case value depends on medical expenses, lost wages, pain and suffering, and the severity and permanency of injuries. Each case is unique, and a detailed review of medical records and lost income is necessary to estimate value. Liability and available insurance limits also influence recovery. If multiple parties share responsibility or if insurance coverage is limited, those factors will affect the overall potential award or settlement.

Many claims settle before trial through negotiation with insurers. If a fair settlement cannot be reached, filing a lawsuit and going to court may be necessary to pursue full compensation. Your attorney will explain the pros and cons of settlement versus litigation and aim to resolve the claim in the most effective way for your circumstances.

Seek medical attention right away, even if injuries seem minor. Prompt care protects your health and provides documentation of injuries which is important for any claim. Collect information at the scene when possible: photos, contact details of other parties and witnesses, and incident reports. Report the accident to your insurer and avoid giving detailed recorded statements until you have consulted with counsel.

Texas follows a modified comparative fault rule. If you are found to be 51% or more at fault, you cannot recover damages. If you share fault but are under 51% responsible, your award will be reduced by your percentage of fault. Documenting the other party's actions and preserving evidence can help establish a fair allocation of responsibility.

Resolution timelines vary based on injury severity, the need for ongoing medical treatment, and whether liability is disputed. Some cases settle within months, while complex matters can take longer. Your legal representative can provide a realistic timeline after an initial review and will update you as the case progresses.

Many personal injury firms handle cases on a contingency basis, meaning fees are paid from any recovery rather than upfront. Confirm the fee agreement and any potential costs before proceeding. You should also discuss how out-of-pocket expenses such as expert reports or filing fees are handled so there are no surprises during the process.

If the at-fault party lacks insurance, recovery may still be possible through your own uninsured or underinsured motorist coverage, or by pursuing other liable parties depending on the facts. A thorough investigation can identify alternative sources of recovery, such as employer liability or third-party negligence.

Pain and suffering are demonstrated through medical records, physician testimony, treatment history, daily activity limitations, and sometimes testimony from family or vocational specialists. Consistent treatment notes, objective test results, and documentation of how injuries affect daily life strengthen claims for non-economic damages.

Insurance companies may offer quick settlements that do not account for future medical needs or full damages. Review such offers carefully and consult with legal counsel before accepting. A lawyer can evaluate whether the offer fairly compensates you now and in the future and can negotiate for a more complete resolution if appropriate.