Understanding the Personal Injury Claim Process in Texas

injury claim

Injuries caused by the negligence of another party happen in all sorts of circumstances. When these injuries occur, the victims can pursue compensation for the damages they received by filing an injury claim. Personal injury cases hold the at-fault party liable for the injuries they cause, so the victims do not suffer financially as well as physically and emotionally.

The details of personal injury cases vary, as does the potential for compensatory damage awards. The financial compensation for a personal injury victim can range from thousands to millions of dollars, depending on how serious of damages that the victims suffered, among other potential factors like liability.

How a Personal Injury Lawyer Can Help You

Listed below are some possible situations that a personal injury attorney will be able to handle for you if you are involved in them and become injured:

  • Drunk drivers failing to yield and running into your car
  • Long haul truck drivers falling asleep at the wheel and weaving into the wrong lane, and hitting the car beside them
  • Defective brakes on a car causing a driver not to be able to come to a stop, which causes them to hit the car in front of them
  • A store owner failing to repair a loose step, causing a customer to slip and fall
  • An open well on a property being uncovered with no fencing or signage to warn people in the area could result in a personal injury or even wrongful death
  • Failure to mark exit doors properly, which means that in a fire, people inside a theater could not find their way out and were burned

There are many different reasons that wrongful deaths and personal injuries occur. These could be due to unsafe work conditions, car and truck accidents, railroad, industrial, product liability problems, boating, and motorcycle accidents. The skilled team at Dax F. Garza, P.C., will review your case and help you determine the best way to pursue the maximum financial compensation you are entitled to.

Determining Whether You Have a Case

There are some important factors to consider when determining whether you have a legally viable personal injury case. To be successful in a personal injury lawsuit, the following aspects must be present:

  • You must be able to show that negligence was the cause of the accident.
  • It must be demonstrated that the negligence caused you to be injured.

For instance, if you were in an automobile collision, and it was because the driver was driving in a risky manner and ignoring traffic laws, they were behaving negligently. If the driver ran into you and caused you to suffer a whiplash and a traumatic brain injury (TBI) because your head hit the windshield of your car, the driver’s negligence caused the accident and your injuries.

In the example outlined above, you would be entitled to compensation for your injuries and the damage to your car and any other property that was broken in the accident.

Statute of Limitations for Personal Injury Lawsuits in Texas

After a personal injury accident occurs, the victim has a two-year statute of limitations law that must be abided by. This means the following must occur within two years of the date of the accident:

  • You must have settled your case within two years from the date the accident occurred
  • You must have filed a personal injury lawsuit within those two years

There are some exceptions. Minors have until the age of 18 before the two-year clock begins for them to file suit. This also applies to people who are cognitively impaired to a significant degree.

Another exception is if the wrongdoer leaves the state for any period of time, the two-year statute of limitations pauses until they return. Suppose there is a discrepancy between the time of the accident and then the later when the victim realized they had suffered related injuries. In that case, the statute of limitations may not apply, so speak to an experienced personal injury lawyer with Dax F. Garza, P.C. about your case today.

Steps in Filing a Personal Injury Lawsuit

Two things must be shown when a personal injury occurs due to another party’s negligence. These are the responsible party and the victim’s injuries. You will want to have a personal injury attorney by your side who is skilled and has experience navigating the legal system.

Your lawyer will understand how the laws apply to your specific experience. An experienced personal injury attorney will ensure the evidence is secured and your legal rights are protected. After determining the responsible party or parties, they will pursue the maximum compensation available for you.

Typically, the steps for pursuing a personal injury lawsuit are as follows:


You can meet with our experienced legal team for a free, confidential review of your case. At your consultation, you will outline what happened so that we can determine how the law applies to your specific case. We will explain the process to you and the steps you can anticipate taking as the case progresses.

We will explain how our contingency fees work so you will have no surprises as we proceed. Nothing will come out of your pocket. We are only paid if you are.


The next phase you can expect is the investigation of your case. We must collect evidence that will prove your case. This evidence might be any or all of the following:

  • Witness testimony
  • Photos and videos
  • Videos from traffic or security cameras
  • Medical records and bills
  • Financial records, including medical costs and the cost of replacements or repairs of vehicles or other property damaged in the accident

After an accident, it is important to gather as much evidence as possible. This includes photos of the scene, the contact information of those involved and witnesses, photos of injuries and property damage, and any other details that might be pertinent.

Assembling a Demand Package

After the medical treatment has been administered and following the investigation, your personal injury attorney will assemble a demand package. This will “demand” the amount of money you are seeking along with an itemized list of costs that you are entitled to. This will be offered to the insurance company and / or the corporation responsible for the accident.

The liable parties will look over the demands and try to negotiate a settlement. Having a strong negotiator on your side will be extremely helpful during this portion of the process. Often, settlements can be reached, but being well-represented will mean fairer compensation in almost all cases.


If, for any reason, a case is not settled during the negotiation phase, then the victim may file a lawsuit. This means that written discovery, as well as depositions, will be presented. You will need to be involved in this phase, more so than the negotiation phase.

After both sides have exchanged discovery and have finished with depositions, the next stage is a mediation session. This gives each side the chance to present their case before a neutral mediator as a last-ditch attempt to settle without going to trial.

Going Before the Court

If negotiations are not effective and mediation does not produce a settlement, the next step is going to trial. If you must go to court to fight for what you are entitled to receive, you want a skilled trial lawyer with Dax F. Garza, P.C. by your side. We will fight for the maximum financial compensation you deserve and will protect your rights throughout the entirety of the process.

Reach Out to a Skilled Personal Injury Attorney Today

If you were hurt in a Texas personal injury accident, you will benefit from the experience and skills of a personal injury lawyer with Dax F. Garza, P.C. Contact us today to learn more about filing an injury claim. We are ready to help you every step of the way.

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