Porter Heights Personal Injury Lawyer Serving Montgomery County, Texas

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 the injury. Specific deadlines can vary depending on the circumstances, so it is important to act promptly to protect your rights. If you miss the filing deadline, you may lose the ability to recover compensation even if your case has merit. Contacting counsel early helps ensure all relevant deadlines are identified and met.

You may recover economic damages such as medical bills, rehabilitation costs, and lost wages, as well as non-economic damages for pain and suffering and loss of enjoyment of life. In limited circumstances, punitive damages may be available when conduct is particularly reckless. The value of each claim depends on the severity of injuries, future care needs, liability issues, and how convincingly damages are documented. Detailed medical records and expert opinions can strengthen a demand for full compensation.

You should provide basic facts to emergency responders and police, but avoid giving detailed recorded statements to insurers without legal guidance. Insurers often record statements that may be used to minimize or deny a claim. Before providing detailed information or accepting any settlement offer, consider consulting a lawyer who can advise on how statements and releases could affect your ability to recover full compensation.

Texas follows a modified comparative fault rule that reduces recovery by your percentage of fault. If you are more than 50% responsible, you may be barred from recovering damages. If you are less than or equal to 50% at fault, your award is reduced proportionately. Determining fault can be complex and may require accident reconstruction, witness statements, and other evidence. Thorough investigation can help minimize your assigned percentage of responsibility.

Resolution time varies based on injury severity, the need for medical treatment, the complexity of liability issues, and whether litigation is necessary. Some claims settle within months; others may take a year or more if disputed or if trial is required. Patience is often necessary to ensure medical treatment is complete and damages are accurately assessed before accepting an offer, which helps avoid under-compensation for future needs.

Many cases settle out of court through negotiation with insurers. However, if the opposing party refuses a reasonable settlement, pursuing the claim in court may be required to obtain fair compensation. Filing a lawsuit does not always mean a trial; many cases resolve through mediation or settlement after initial pleadings. Being prepared for litigation strengthens negotiation leverage.

Initially, you should use health insurance, personal funds, or payment arrangements with providers. In some cases, medical providers may agree to wait for settlement or lien recovery. Auto insurance policies with medical payments coverage may also help. Our team works to document medical needs and negotiate liens so that settlement proceeds account for outstanding medical obligations and future care costs.

Ensure safety, call emergency services, and seek medical attention for injuries. If possible, take photos of the scene, vehicle damage, and visible injuries, and collect contact information for witnesses and the other party. Avoid admitting fault or making detailed statements about the cause of the accident. Share factual information with police and responders, then consult with counsel to protect your claim.

Minor claims with clear liability and small damages can sometimes be handled directly with an insurer, but carrying this out requires careful documentation and negotiation. Insurers have experience minimizing payouts and may pressure claimants into quick, inadequate settlements. For serious injuries, disputed liability, or complex claims, representation provides structured advocacy and legal know-how that can affect the final recovery amount and protect long-term interests.

Many personal injury matters are handled on a contingency basis, where fees are paid from any recovery rather than upfront. This arrangement aligns the firm’s interests with securing a fair settlement or verdict for you. We discuss fee structures, potential case costs, and how expenses are handled before proceeding so clients understand financial implications and retain clarity throughout the process.