Personal Injury FAQ

Most Texas personal injury lawsuits must be filed within two years after the claim accrues, often the date of the injury. Opening an insurance claim is not the same as filing a lawsuit. Exceptions can change the deadline, and claims involving government entities may have much earlier notice requirements. Do not assume negotiations extend your time to sue. Have a lawyer review the accident date and circumstances promptly so the applicable deadlines can be identified.

Your case’s value depends on your documented losses, the evidence of responsibility, and the available sources of recovery. Relevant factors can include medical expenses, lost income, future care needs, pain, and how the injury affects daily life. Insurance limits and disputed fault may also influence a potential resolution. No online calculator or initial conversation can guarantee a settlement amount. A meaningful evaluation requires medical information, supporting records, and an understanding of your likely recovery.

Under a contingency-fee agreement, an attorney’s fee depends on recovering compensation, but case expenses are a separate issue governed by the agreement. Before hiring a lawyer, ask what percentage applies, how expenses are calculated, and whether you could owe expenses if there is no recovery. Request an explanation of any terms you do not understand. Chavez Law Firm offers a free consultation so you can discuss your situation and ask about the proposed fee arrangement before deciding.

Accept a settlement only after you understand what it covers and which rights you are releasing. An early offer may arrive before your treatment needs or time away from work are clear. Signing a release can prevent you from seeking additional payment for the same injury later. Review the proposed terms, medical outlook, documented losses, and any repayment obligations with your lawyer. You do not have to treat the first offer as a reliable measure of your case’s value.

Being partly at fault does not automatically prevent recovery under Texas proportionate-responsibility law. In cases governed by Chapter 33, a claimant who is more than 50 percent responsible cannot recover damages; otherwise, recoverable damages are reduced by the claimant’s percentage of responsibility. For example, 20 percent responsibility generally means a 20 percent reduction before other applicable adjustments. An insurer’s allegation is not the final word on fault. Evidence about everyone’s conduct matters when evaluating responsibility.

Prioritize your safety and obtain appropriate medical care before focusing on a claim. If it is safe, document the scene, identify witnesses, and report the incident to the appropriate person or agency. Save photographs, medical paperwork, receipts, and communications about what happened. Follow treatment instructions and describe symptoms accurately. Avoid guessing about responsibility or signing unfamiliar documents under pressure. A prompt legal consultation can help identify evidence that might disappear and deadlines specific to the incident.

Bring the records you already have, but do not delay a consultation because your file is incomplete. Useful materials include incident reports, photographs, witness contact information, medical bills, insurance correspondence, and any settlement offer or release. Pay records can help explain missed work. Prepare a brief timeline and a list of questions, including concerns about fees and expenses. Tell the lawyer about prior injuries and any approaching deadlines so the discussion starts with an accurate picture.

Chavez Law Firm’s personal injury practice includes truck and motorcycle accidents, dangerous-property injuries, defective products, and wrongful death matters. Whether the firm can assist depends on the facts, applicable law, and the circumstances of the potential representation. An injury alone does not establish that another party is legally responsible. During a consultation, explain how the incident happened, the harm involved, and any insurance communications so the firm can assess the appropriate next steps for your situation.

Payment during a pending case depends on your insurance coverage, provider arrangements, and other available benefits. A claim against another party does not automatically pause medical bills or guarantee immediate payment. Keep copies of bills and coverage decisions, and ask about applicable health insurance or accident-related benefits. Some insurers or benefit programs may seek repayment from a recovery. Discuss these issues with your lawyer before settling so you understand potential obligations and the amount that may remain for you.

Before agreeing to a recorded statement, clarify who the adjuster represents and seek advice about your obligations. Requirements under your own policy can differ from a request by another party’s insurer. Do not ignore policy duties or deadlines, but avoid guessing about injuries, timing, or fault. Keep copies of communications and provide accurate information. A lawyer can review the request and help you understand how a statement could affect your claim before you proceed.

A trial is possible, but your case may resolve through a negotiated settlement without one. The path depends on disputed responsibility, the evidence, the parties’ positions, and whether an acceptable agreement can be reached. Filing a lawsuit does not necessarily mean a trial will occur. Your lawyer can explain the risks and potential benefits of an offer compared with continued litigation. No attorney can promise either a settlement or a particular result at trial.

There is no reliable timetable that applies to every personal injury case. The duration may depend on treatment, the availability of evidence, disagreements about fault or damages, insurance review, and court scheduling if a lawsuit is filed. Resolving a claim before future medical needs are understood can create risks. Ask your lawyer which milestones matter in your case and how updates will be provided, while remembering that a careful estimate is not a guaranteed completion date.