Personal Injury Claim Process in Texas

If you’ve been injured in an accident in Texas—whether it’s a car crash, slip-and-fall, or workplace incident—you may be wondering how to navigate the personal injury claim process. Understanding each step can help you make informed decisions, avoid mistakes, and maximize your chances of obtaining fair compensation.

At Hernandez Sunosky LLP, we guide injured Texans through each phase—from the initial incident to recovery—providing knowledgeable representation and peace of mind in stressful times.

Incident & Immediate Actions

Your recovery starts with what you do right after the injury. Key steps include:

Seek medical attention immediately, even if you feel fine. Prompt treatment protects both your health and your legal claim.
Report the incident to the proper authority, such as the police, property owner, or employer. Documenting the accident creates an official record.
Preserve evidence by taking photos, saving damaged property, and gathering witness contact information while details are still fresh.

These early actions set the foundation for a strong personal injury claim.

Consultation with a Personal Injury Attorney

You don’t have to wait long to get legal advice. Consulting with an experienced attorney helps you:

Understand your rights—including your right to compensation
Preserve time-sensitive evidence like video footage or maintenance logs
Avoid common mistakes during communications with insurance

At Hernandez Sunosky LLP, we offer free case reviews and work on contingency—meaning no legal fees unless we win.

Investigation & Evidence Gathering

Once engaged, your attorney will launch a thorough investigation designed to prove liability and damages:

Collect police or incident reports
Interview witnesses and retain sworn statements
Obtain surveillance footage, maintenance logs, or corporate records
Analyze medical records and expert testimony to fully understand the impact of your injuries
Reconstruct events with help from crash experts or forensic investigators when necessary

This phase can include formal discovery, such as depositions, requests for documents, and expert analysis.

Demand Letter & Pre-Litigation Negotiation

After building your case, your lawyer will draft a demand letter outlining:

Key facts and liability evidence
Injury details and medical summary
Itemization of damages and settlement request

The demand is sent to the at-fault party’s insurer, opening negotiations. Skilled negotiation can often lead to a fair settlement before court action becomes necessary.

Filing a Lawsuit (if Needed)

If negotiations stall or insurers refuse fair compensation, your attorney can file a lawsuit in the appropriate Texas court. From there, the case moves into the discovery phase involving:

Written interrogatories
Document requests
Depositions of witnesses, parties, and experts

This prepares your case for trial, building a compelling argument in your favor.

Mediation & Settlement Conferences

Before trial, most courts require a mediation or settlement conference. A neutral mediator works with both parties to explore creative resolutions and encourage settlement. This process often helps settle cases faster, avoids trial expenses, and gives you control over the outcome.

Trial Preparation & Civil Trial

If mediation fails, your case is scheduled for trial. Trial preparation includes:

Finalizing evidence and witness lists
Preparing opening statements, direct and cross-examinations, and closing arguments
Securing expert testimony and demonstrative exhibits

At trial, jury selection sets the stage, followed by presentation of evidence and testimony. After arguments, the jury (or judge) deliberates and renders a verdict.

Post-Trial Motions & Appeals (If Applicable)

Even after a verdict, there may be opportunities to challenge or enforce the decision:

Either side can file post-trial motions (e.g., for a new trial or adjusted award)
Appeals may be initiated if there were legal errors during trial

Your attorney guides you through these critical steps to protect your rights and interests.

Frequently Asked Questions

How long will my claim take?

Most personal injury claims are resolved within 12–24 months, depending on the case’s complexity, discovery demands, and court schedules.

Can settlement be negotiated after filing a lawsuit?

Yes. Lawsuits don’t prevent settlement—they often help motivate insurers to negotiate more seriously.

What if I’m partially at fault?

Texas uses modified comparative fault. You can still recover compensation if you’re less than 51% responsible, but your percentage of fault reduces your award.

How much will this cost me?

At Hernandez Sunosky LLP, we operate on a contingency fee basis—you pay nothing upfront, and only if we recover compensation for you.

Why You Need a Houston Personal Injury Attorney

Personal injury claims involve complex legal, medical, and negotiation issues. Having an experienced attorney ensures:

Investigation is thorough and timely
You avoid procedural mistakes and missed evidence
Insurance companies don’t take advantage of your lack of experience
Your case is valued accurately and fought for aggressively

At Hernandez Sunosky LLP, we have a proven track record of helping injured Texans secure fair and full compensation—whether by settlement or verdict.

Take the Next Step: Protect Your Rights Today

If you’ve been injured, time matters—not just for your health, but also for your legal rights. Don’t face insurance companies, deadlines, or complex court procedures alone. Let the Houston personal injury lawyers at Hernandez Sunosky LLP guide you through every step and fight for the justice you deserve.