If you were injured because someone else acted negligently in Texas, you generally start your personal injury claim by filing an insurance claim. If the insurer refuses to pay fair compensation, you may need to file a lawsuit within Texas’s two-year deadline.
What Is a Personal Injury Claim?
A personal injury claim is a legal demand for compensation after you are harmed due to another party’s negligence or recklessness. Most claims are handled through insurance, but some require litigation.
In Texas, a personal injury claim may be filed against:
- An individual (such as a negligent driver)
- A business or property owner
- A corporation or employer
- A governmental entity (with special notice rules)
Do You Need a Lawyer to File a Texas Personal Injury Claim?
You are not legally required to hire an attorney to file a personal injury claim. However, insurance companies are represented by experienced adjusters and defense lawyers whose goal is to minimize payouts.
A personal injury attorney can:
- Handle all communications with insurers
- Prevent common mistakes that reduce claim value
- Accurately calculate damages
- Prepare your case for trial if settlement fails
Having legal representation helps ensure the insurance company does not take advantage of you during the process.
Step 1: The Demand Letter
Most Texas personal injury claims begin with a demand letter sent to the at-fault party’s insurance company. This letter formally starts the claim and opens settlement negotiations.
A demand letter typically includes:
- A summary of how the accident occurred
- Why the insured party is legally responsible
- A breakdown of your injuries and damages
- A specific dollar amount to resolve the claim
- A deadline for the insurer to respond
This stage often leads to negotiation and settlement discussions.
Step 2: Determining What Your Claim Is Worth
The value of a Texas personal injury claim depends on the full scope of your damages, including both current and future losses.
Compensable damages may include:
- Medical bills and future medical care
- Lost wages and loss of earning capacity
- Property damage
- Pain and suffering
- Physical impairment or disfigurement
Your attorney must be able to prove both the damages and their connection to the accident to recover compensation.
Step 3: Proving Negligence
To win a personal injury claim in Texas, you must prove negligence. This requires showing:
- The other party owed you a duty of care
- That duty was breached
- The breach caused your injuries
- You suffered damages as a result
Meeting this legal burden requires evidence such as medical records, accident reports, witness testimony, photographs, and expert opinions.
Step 4: Settlement Negotiations
Most Texas personal injury claims resolve through settlement rather than trial. Your attorney will negotiate with the insurance company and advise you when an offer is fair.
If you accept a settlement:
- You will sign a release of liability
- The insurer will be protected from future claims
- Your case will be closed
Once a release is signed, you cannot seek additional compensation for the same injury.
Step 5: Filing a Personal Injury Lawsuit in Texas
If settlement negotiations fail, your attorney may recommend filing a lawsuit in civil court.
Texas Filing Deadline
In most cases, you must file a personal injury lawsuit within two years from the date of injury. Claims involving government entities often have much shorter notice requirements.
Missing the deadline usually means losing your right to compensation.
Step 6: Filing the Petition
A Texas personal injury lawsuit officially begins when your attorney files a petition with the court. The petition explains:
- Why the court has jurisdiction
- Who the parties are
- How the defendant was negligent
- The damages being sought
Filing fees are typically around $200, though costs vary by court.
Step 7: The Defendant’s Response
After being served, the defendant may:
- File an answer denying liability
- Request dismissal
- File counterclaims
If the case does not settle early, it moves into discovery.
Step 8: Discovery
Discovery is the formal exchange of information between both sides. This phase may include:
- Requests for documents and medical records
- Written questions answered under oath
- Depositions before a court reporter
- Expert witness disclosures
Many cases settle during or after discovery once the strengths and weaknesses of each side become clear.
Step 9: Mediation
Texas courts often require mediation before trial. Mediation involves a neutral third party who helps both sides attempt to reach a resolution.
- Mediation is confidential
- Statements made cannot be used in court
- Any agreement reached can be finalized
Step 10: Trial
If no settlement is reached, the case proceeds to trial. A trial may involve:
- Jury selection
- Opening statements
- Witness testimony and evidence
- Closing arguments
- A verdict and damages award
Trials are time-consuming and expensive, which is why most cases settle beforehand.
Talk to a Dallas Personal Injury Attorney
If you were injured due to someone else’s negligence, getting guidance early can protect your rights and maximize your recovery.
MR.LAW Accident & Injury Attorneys represent injury victims throughout Dallas and North Texas. We handle negotiations, litigation, and trials—so you can focus on healing.
The sooner you act, the more evidence we can preserve—and the stronger your case can be.
Call (469) 689-0200 for a free consultation or contact us online to speak directly with an attorney.