Texas Personal Injury Lawyer | Texas Legal Giants

Texas modified comparative fault law under Chapter 33 of the Civil Practice and Remedies Code allows you to recover as long as you are 50% or less at fault. Your recovery is reduced by your percentage of fault. For example, if you are 20% at fault and your damages total $200,000, you recover $160,000. If you are 51% or more at fault, you recover nothing. Insurance companies routinely try to inflate your fault percentage — this is one of the primary reasons having an attorney matters in Texas.

Under Texas Civil Practice and Remedies Code §16.003, you generally have two years from the date of injury to file a personal injury lawsuit. Missing this deadline is permanent — courts will dismiss your case regardless of how strong it is. Important exceptions: claims against Texas government entities often require a notice of claim within 6 months of the incident; claims involving minors may toll until the child reaches 18. If you are close to any deadline, call immediately.

Texas allows recovery for past and future medical expenses, past and future lost wages, loss of earning capacity, physical pain and suffering (past and future), mental anguish (past and future), physical impairment, and disfigurement. Punitive damages are available in limited circumstances under Chapter 41 CPRC when conduct is found to be grossly negligent or fraudulent. Medical malpractice cases have a statutory cap on non-economic damages of $250,000 per defendant under CPRC Chapter 74.

Texas Legal Giants works on a contingency fee basis — you pay nothing unless we recover compensation for you. Our fee is a percentage of the settlement or verdict amount, agreed upon at the time of engagement. We also advance all case costs: investigation, expert witnesses, medical records, court filing fees, and deposition costs. If we do not recover, you owe nothing. There is no upfront cost, no retainer, and no hourly billing.

Cases that settle before litigation often resolve within 3–12 months after medical treatment is complete and a demand is submitted. Cases that proceed through litigation in Texas state courts typically take 12–36 months from filing to trial or settlement, depending on the complexity of the injuries, the responsiveness of the opposing insurer, the county’s court docket, and whether expert testimony is needed. We give you honest timeline estimates at intake based on the specific facts of your case.

Most Texas personal injury cases resolve through settlement before trial. However, cases that are actively prepared for trial — with complete investigation, expert witness retention, and a filed lawsuit — settle at significantly higher values than cases that are not. We prepare every case for trial and never threaten litigation we are not prepared to follow through on. If trial is necessary to obtain fair compensation, we go to trial.

Texas requires minimum liability insurance, but many drivers are uninsured or underinsured. If the at-fault party cannot cover your damages, your own uninsured/underinsured motorist (UM/UIM) coverage may apply. We identify every available source of recovery — UM/UIM coverage, employer liability if a work vehicle was involved, dram shop liability if alcohol was a factor, and third-party claims against property owners or equipment manufacturers. Being hit by an uninsured driver does not mean you are without recourse.

Case value depends on your actual provable damages: medical bills (past and projected future), lost wages, loss of earning capacity, and non-economic damages like pain and suffering and physical impairment. There is no formula that applies uniformly — every case depends on injury severity, treatment course, fault allocation, available insurance limits, and jurisdiction. We give you a realistic value range during your free consultation based on the specific facts of your case, not a generic estimate.

Yes — Texas does not have a seatbelt defense that completely bars your recovery. However, failing to wear a seatbelt may be used as evidence of comparative fault and could reduce your recovery percentage under Chapter 33 CPRC. The reduction depends on what the jury believes your injuries would have been had you been belted. An attorney can argue the scope of seatbelt-related fault reduction based on the medical evidence in your case.

A demand letter is a formal written document we submit to the at-fault party’s insurance company after your medical treatment is complete (or at maximum medical improvement). It documents all of your damages — medical bills, lost wages, pain and suffering, future care costs — and states the amount we are demanding to settle the claim. The insurance company has a period to respond with a counter-offer, which begins the negotiation process. Sending a demand too early — before the full scope of your injuries is known — typically results in undervaluing your case.

Claims against Texas government entities (state agencies, municipalities, counties, school districts) require compliance with the Texas Tort Claims Act (CPRC Ch. 101). You must file a formal notice of claim with the governmental unit — typically within 6 months of the incident — before you can file suit. The TTCA also limits some damages and provides immunity for certain government actions. These cases have different deadlines and procedures than standard PI claims — call immediately if a government vehicle or employee was involved.

A deposition is sworn testimony taken by the opposing attorney before trial — you answer questions under oath with a court reporter present. In litigation, it is very common for both parties to be deposed, as well as witnesses and expert witnesses. We prepare you thoroughly for your deposition: reviewing the case facts, walking through likely questions, and coaching you on how to answer accurately and concisely. Depositions are not something to fear — they are standard procedure and we will be present throughout.

Yes, in many cases. If you were injured at work and a third party’s negligence caused your injury — a contractor’s employee, the driver of another vehicle, an equipment manufacturer, or a property owner — you may have both a workers’ compensation claim against your employer’s insurer and a separate personal injury claim against the negligent third party. Workers’ comp does not cover pain and suffering, and its wage replacement is limited. A third-party PI claim can recover full damages. We evaluate both options at intake.

Liability waivers in Texas are enforceable in some contexts but not others. Texas courts will not enforce a waiver that attempts to release a party from liability for gross negligence. Waivers must also be clear and conspicuous under Texas law — buried fine print may not be enforceable. If you were injured after signing a waiver — at a gym, recreational facility, employer event, or similar — call us before assuming you have no case. The specific language and circumstances matter.

After a personal injury settlement in Texas, medical providers and insurers that paid for your care may assert liens against your recovery. Hospital liens in Texas are governed by Chapter 55 of the Texas Property Code, which gives hospitals the right to claim a portion of your settlement. Health insurance subrogation and Medicaid/Medicare liens also apply in many cases. We negotiate these liens as part of our representation — working to reduce lien amounts so that more of the settlement reaches you. Lien negotiation is not optional and requires legal expertise to do correctly.