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How to File a Texas Personal Injury Claim

Posted on June 28, 2024

Filing a personal injury claim in Texas can seem daunting, especially when you’re dealing with the physical and emotional aftermath of an injury. However, understanding the process can make it more manageable. Here’s a comprehensive guide to help you navigate the steps involved in filing a personal injury claim in Texas.

Seek Medical Attention

The first and most important step after any injury is to seek medical attention immediately. Not only is this crucial for your health, but medical records will serve as essential evidence for your claim. Ensure you follow your doctor’s recommendations and keep all medical documentation.

Gather Evidence

Collecting evidence is vital to support your claim. This includes photographs of the accident scene, your injuries, and any property damage. Get contact details from anyone who witnessed the incident. Obtain a copy of the police report or incident report if applicable.

Report the Incident

Depending on where the injury occurred, you may need to report it. For workplace injuries, report the injury to your employer immediately. For car accidents, report the accident to the police and your insurance company. If the incident occurred in a public place, report it to the property owner or manager.

Consult a Personal Injury Attorney

It’s highly advisable to consult a Waco personal injury lawyer, especially if your injuries are severe or if liability is unclear. An attorney can evaluate your case, determine the viability of your claim, estimate potential compensation, help collect and preserve evidence, handle communications and negotiations with insurance companies, and file a lawsuit if necessary.

File an Insurance Claim

Notify the at-fault party’s insurance company of your intent to file a claim. Provide them with the necessary information and documentation, but avoid giving recorded statements without consulting your attorney. The insurance company will investigate the claim and may offer a settlement.

Demand Letter

Your attorney will likely send a demand letter to the at-fault party or their insurance company. This letter outlines the details of the accident, the extent of your injuries, medical treatment received and prognosis, economic losses (medical bills, lost wages, and other financial impacts), non-economic losses (pain and suffering, emotional distress, etc.), and the compensation amount you are seeking.


The insurance company will review the demand letter and may counter with a lower offer. Your attorney will negotiate on your behalf to reach a fair settlement. Be prepared for multiple rounds of negotiations.

Filing a Lawsuit

If a settlement cannot be reached, your attorney will file a personal injury lawsuit. This involves filing a formal complaint with the court, both sides exchanging evidence and information during the discovery phase, legal arguments made before the trial through pre-trial motions, and presenting your case to a judge or jury at trial.

Settlement or Verdict

Many cases are settled before reaching trial. If your case goes to trial and you win, the court will award damages. If you lose, you may have the option to appeal the decision.

Receive Compensation

Once a settlement is reached or a verdict is awarded, you will receive compensation for your injuries. This may cover medical expenses, lost wages, pain and suffering, and other related costs.

Reach out to our firm today to schedule a free consultation and learn how we can assist with your personal injury claim.