Old River‑Winfree Personal Injury Attorney Serving Chambers County, Texas

How you proceed depends on the nature of your injuries and the available evidence. Start by seeking medical care, documenting your condition, and preserving any evidence from the scene. Insurers often request early statements, so you may want legal advice before providing detailed accounts. If liability is disputed or your injuries are severe, legal representation can help develop evidence, negotiate with the insurer, and, if necessary, file a lawsuit to pursue fair compensation. Timely action is important because Texas has strict filing deadlines and evidence may degrade over time. Keep records of medical treatment, lost wages, and other expenses, and keep copies of police reports and photographs to support your claim.

You may be able to recover economic damages like medical bills, rehabilitation costs, lost income, and property damage, as well as non‑economic damages such as pain and suffering. In certain cases involving egregious conduct, punitive damages might be available, but those are limited and require specific proof. A careful calculation of present and future needs is essential. Medical records, proof of lost income, and testimony about how the injury affects daily life all play a role in establishing the full extent of damages for insurers or a jury.

Generally, the statute of limitations for personal injury claims in Texas is two years from the date of the injury. Missing this deadline will typically bar you from filing a lawsuit and recovering compensation through the courts. There are limited exceptions that can extend or shorten the deadline depending on circumstances such as injuries discovered later or claims against government entities, so consult with a legal advisor promptly to preserve your rights.

Many personal injury claims are resolved through settlement negotiations with insurers, but every case is different. If negotiations do not produce a fair outcome, preparing for and pursuing litigation may be necessary to obtain adequate compensation. Preparing for trial enhances negotiation leverage by showing a readiness to litigate when appropriate. Your decision to settle or proceed to court should be informed by a clear understanding of likely recovery, risks, and timeline.

If you are able, check for injuries and call emergency services right away. Document the scene by taking photos of vehicle damage, visible injuries, road conditions, and any contributing hazards, and collect contact and insurance information from other parties and witnesses. Avoid admitting fault or speculating about what happened. Provide necessary medical and insurance information when requested, and seek medical attention promptly even if you feel fine, because some injuries emerge hours or days later.

Medical bills may be covered initially by your health insurance or by medical providers who are willing to wait for settlement. In some instances, providers place liens on recovery to ensure payment from any settlement or judgment. Document all medical treatment and related expenses, and discuss payment and lien issues with counsel early so medical care continues uninterrupted and your claim accounts for all current and future treatment needs.

Most personal injury matters are handled on a contingency fee basis, meaning attorney fees are collected only if there is a monetary recovery. This arrangement allows injured people to access representation without upfront legal costs. Be sure to review the fee agreement and understand how costs, expenses, and any recovery are allocated before proceeding. Clear communication about fees helps avoid surprises later in the process.

Yes. Texas applies a modified comparative fault rule that reduces a claimant’s recovery in proportion to their percentage of fault, provided the claimant is not more than 50% responsible for the accident. If you are 50% or less at fault, you can recover damages reduced by your share of fault. Establishing the correct allocation of fault is a fact‑specific inquiry that may require witness statements, accident reconstruction, and evidence of road or vehicle conditions to show how responsibility should be apportioned.

If the at‑fault driver is underinsured or uninsured, your own uninsured/underinsured motorist coverage may provide compensation. Additionally, other parties such as employers or vehicle owners might have insurance coverage depending on the circumstances. Evaluating all possible avenues of recovery early in the case helps ensure you pursue insurance claims and legal claims that best protect your interests and cover ongoing care and losses.

Resolution time varies depending on case complexity, the severity of injuries, extent of necessary medical treatment, and whether the matter settles or goes to trial. Some cases resolve in a few months, while others take a year or longer when litigation is required. A thorough approach that allows time to quantify future medical needs and recovery prospects often leads to better outcomes, even if it lengthens the timeline. We keep clients informed about expected milestones and decision points throughout the process.