Don’t miss your window to file a claim—learn the statute of limitations for personal injury cases in Texas.

If you’ve been injured in an accident in Texas, you may be considering filing a personal injury lawsuit to seek compensation for your losses. However, time is of the essence. Texas law sets strict deadlines for filing personal injury claims, and missing these deadlines could mean losing your right to pursue compensation. In this blog post, we’ll explain the statute of limitations for personal injury cases in Texas and what you need to know to protect your legal rights.

What Is the Statute of Limitations?

The statute of limitations is the legal deadline for filing a lawsuit. In Texas, the statute of limitations for personal injury cases is typically two years from the date of the injury. This means you must file your lawsuit within two years of the accident or incident that caused your injuries.

Key Points About the Two-Year Deadline

1. Accident Date Matters: The clock starts ticking on the date the injury occurred. For example, if you were injured in a car accident on January 1, 2025, you would generally have until January 1, 2027, to file your lawsuit.
2. Discovery Rule: In some cases, the statute of limitations may begin later if the injury wasn’t immediately discoverable. For example, if you were exposed to a harmful substance and didn’t realize the effects until months later, the clock may start when you discovered or reasonably should have discovered the injury.
3. Minors and Legal Disabilities: If the injured party is a minor or has a legal disability (e.g., mental incapacitation), the statute of limitations may be tolled (paused) until the minor turns 18 or the legal disability is removed.
4. Wrongful Death Claims: If the injury results in death, the statute of limitations for filing a wrongful death lawsuit is two years from the date of the person’s death, not the date of the injury.

Exceptions to the Rule

While the two-year statute of limitations is the general rule, there are some exceptions that may shorten or extend the deadline:

• Claims Against Government Entities: If your injury involves a government entity, such as a city bus or a state employee, you may need to file a notice of claim within six months or less. Failing to do so could bar your lawsuit entirely.
• Fraud or Concealment: If the at-fault party concealed their role in causing your injury, the statute of limitations may be extended to account for the time it took to uncover the fraud.
• Statutory Exceptions: Certain laws or circumstances may alter the filing deadline. For example, medical malpractice cases have their own specific deadlines and requirements under Texas law.

Why Acting Quickly Is Important

Even though you technically have two years to file a personal injury lawsuit, waiting too long can hurt your case. Here’s why:

• Evidence Can Be Lost: Physical evidence, witness memories, and other critical information can fade or disappear over time.
• Insurance Deadlines: Many insurance companies have their own internal deadlines for filing claims, which are often much shorter than the statute of limitations.
• Building a Strong Case Takes Time: Gathering medical records, expert opinions, and other documentation is time-intensive. The sooner you start, the better your chances of success.

How to Protect Your Rights

To ensure you don’t miss the deadline for filing your personal injury lawsuit, consider these tips:

• Consult an Attorney Early: An experienced personal injury attorney can help you understand your legal rights, calculate deadlines, and build a strong case.
• Document Everything: Keep records of your medical treatments, accident reports, and any communication with insurance companies.
• Don’t Wait to File: Filing sooner rather than later can help avoid complications and ensure all deadlines are met.

Conclusion

In Texas, you generally have two years from the date of your injury to file a personal injury lawsuit. However, exceptions and special circumstances can alter this timeline. To protect your rights and ensure you don’t miss your chance to seek compensation, it’s crucial to act quickly and consult an experienced attorney. Our attorneys have years of experience dealing with personal injury and wrongful death claims and would be honored to speak to you about your case and talk to you more about your matter. But, if you or a friend or family member have been seriously injured, don’t let time run out on your claim—take action today!

Click Here to contact our office for a free case evaluation.

Curious about what your injury case might be worth? Texas law outlines key factors in determining compensation.

If you’ve been injured in an accident in Texas, one of the first questions you may have is: “How much is my case worth?” The truth is, there isn’t a one-size-fits-all answer. Every personal injury case is unique, and the value of a claim can depend on a variety of factors—from the nature of the injuries to the extent of negligence. In this blog post, we’ll break down the essential elements that affect the value of a personal injury case in Texas, helping you get a clearer picture of what to expect.

The Basics: Types of Recoverable Damages

When you pursue a personal injury case in Texas, you’re generally seeking compensatory damages—the financial award meant to cover the losses caused by your injury. These damages fall into two main categories:

Economic Damages

• • Medical Expenses: This includes hospital bills, medication costs, physical therapy, and future medical expenses related to the injury.
  • Lost Wages: If you have to take time off work, you can seek compensation for lost income. If your injury affects your long-term earning capacity, you may also be entitled to future lost wages.
  • Property Damage: If your personal property (like a vehicle in a car accident) was damaged, the cost of repairs or replacement can be included.

Non-Economic Damages

• • Pain and Suffering: In Texas, you can recover damages for physical pain, mental anguish, emotional distress, and related issues.
  • Loss of Consortium: Spouses and sometimes family members may be able to recover damages if the injury has affected the relationship.
  • Loss of Enjoyment of Life: If your quality of life or your ability to engage in hobbies and activities you once enjoyed has been diminished, these losses can sometimes be compensated.

In rare cases, you might also be eligible for punitive damages if the defendant’s actions were especially reckless or malicious. However, punitive damages are subject to specific legal standards and caps in Texas.

Factors That Influence the Value of Your Case

Calculating the value of your case involves weighing several important factors:

Extent of Injuries - The severity of your injuries plays a major role. For example, minor cuts and bruises generally lead to lower-value claims than permanent disabilities or severe injuries requiring ongoing medical treatment.

Clear Liability or Fault - If there’s little doubt that the other party was at fault—say, in a car accident where the other driver was clearly negligent—your chance of receiving a higher settlement increases. Texas follows a modified comparative fault rule, meaning your compensation might be reduced if you bear some responsibility for the accident. If you’re found 50% or more at fault, you may be barred from recovering damages altogether.

Evidence and Documentation - Solid evidence—such as medical records, photographs, witness statements, and expert testimonies—strengthens your case. The more proof you have, the more likely you can negotiate for a favorable settlement or succeed at trial.

Insurance Policy Limits - Often, the at-fault party’s insurance coverage will dictate how much you can realistically recover. Even if your damages exceed the policy limits, an insurance company typically won’t pay more than the covered amount unless there are special circumstances.

Negotiation vs. Trial - Most personal injury claims settle out of court, but if negotiations fail, your lawyer might advise you to file a lawsuit. Trials can be lengthy and expensive, but they can also lead to a higher award if a jury finds in your favor—though this is not guaranteed and comes with additional risk.

Texas Damage Caps - Texas imposes certain statutory caps on damages in specific types of cases, especially medical malpractice claims. In other personal injury cases (like car accidents or slip-and-falls), there typically isn’t a strict cap on compensatory damages. However, punitive damages (if awarded) are capped in Texas. The cap is generally set at:

• $200,000, or
• Twice the amount of economic damages plus an equal amount of non-economic damages (up to $750,000).

This means the maximum possible in punitive damages is the greater of these amounts, though every case is fact-specific and these limits can be complex. Consulting an attorney for clarity is important if punitive damages might apply to your situation.

The Role of a Personal Injury Attorney

Why hire a lawyer? Here are a few reasons:

• Case Assessment: A personal injury attorney will evaluate the facts of your case, gather evidence, and assess potential damages.
• Dealing with Insurance Companies: Insurance adjusters often try to settle for the lowest possible amount. An attorney can handle negotiations and prevent you from accepting an unfair offer.
• Litigation Experience: If negotiations fail, an experienced trial attorney can file a lawsuit and advocate for your best interests in court.

While you can handle a claim on your own in some cases—especially minor ones—a skilled lawyer can help you avoid pitfalls that might reduce your compensation.

Common Myths About Personal Injury Cases

Myth #1: All personal injury claims result in huge settlements. Reality: Many personal injury claims result in more modest amounts that simply cover medical bills and lost wages. Significant settlements or verdicts often involve catastrophic injuries or gross negligence.

Myth #2: Hiring an attorney means you’re definitely going to trial. Reality: Most personal injury cases settle out of court. A strong claim can encourage the other side to offer a fair settlement.

Myth #3: You can predict a settlement amount by looking at other cases. Reality: Even cases with similar injuries vary greatly depending on factors like liability, damages, and unique circumstances.

Getting the Best Possible Outcome

To maximize your compensation in a Texas personal injury case, consider these steps:

1. Seek Medical Attention Immediately: Prompt treatment not only helps you recover but also documents the extent of your injuries.
2. Document Everything: Keep a file of all medical records, bills, photos of your injuries/property damage, and correspondence with insurance companies.
3. Avoid Talking Too Much: Be cautious about giving recorded statements or signing any documents without consulting an attorney.
4. Stay Off Social Media: Comments, photos, or “check-ins” can be used to dispute the severity of your injuries.
5. Consult an Experienced Attorney: A reputable Texas personal injury lawyer can guide you through the process and help protect your rights.

Final Thoughts

Determining the value of a personal injury case in Texas is a nuanced process that depends on numerous factors, including the severity of your injuries, liability, and the available insurance coverage. While there’s no foolproof formula to calculate your exact settlement or verdict, understanding the types of damages, legal framework, and the role of strong evidence can give you a good starting point.

If you’d like to discuss your potential claim or learn more about how Texas law may apply to your unique situation, HLAW would love to help.  Don’t hesitate to reach out to our office for a free case evaluation.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Laws and regulations change over time, and your specific situation may require tailored guidance. If you have questions about your case, it’s always best to consult with an experienced Texas personal injury attorney.

Table of Contents:
I. Introduction: Navigating the Aftermath of an Accident in Fort Worth
II. Immediate Steps After an Accident in Fort Worth: Your Critical Checklist
III. Understanding Texas Personal Injury Law: The Foundations of Your Claim
IV. Types of Damages You Can Recover in a Texas Personal Injury Claim
V. The Personal Injury Claims Process in Texas: From Accident to Resolution
VI. Dealing with Insurance Companies: Protecting Your Rights
VII. Why Hire a Fort Worth Personal Injury Lawyer?
VIII. Frequently Asked Questions (FAQs) About Personal Injury Claims in Texas
IX. Conclusion & Next Steps: Get the Help You Deserve
X. Local Resources for Accident Victims in Fort Worth & Tarrant County

I. Introduction: Navigating the Aftermath of an Accident in Fort Worth

An accident, whether it’s a sudden car crash on I-35W, a slip and fall at a local Dallas-Fort Worth, Texas business, or a devastating truck accident in the State of Texas, can instantly turn your world upside down. Beyond the shock and physical pain, you're likely facing mounting medical bills, lost wages, and overwhelming uncertainty about your future. In the busy Dallas-Fort Worth Metroplex, accidents are an unfortunate reality, and understanding your rights as a victim is paramount.

At the Howard Lotspeich Alexander & Williams, PLLC (HLAW), we understand the profound impact an unexpected injury can have on your life and your family. We see firsthand the challenges Dallas and Fort Worth residents face when dealing with complex legal processes and aggressive insurance companies. This comprehensive guide is designed to provide you with the clarity and actionable steps you need to navigate the confusing aftermath of an accident in Texas.

Our purpose is simple: to empower you with knowledge. While this guide offers detailed information about Texas personal injury laws and the claims process, it is not a substitute for personalized legal advice. Every accident and injury claim is unique. We strongly encourage you to contact an experienced Fort Worth personal injury attorney at the HLAW Law Firm for a confidential consultation to discuss the specifics of your situation.

Let's begin your journey toward understanding your rights and seeking the compensation you deserve.

II. Immediate Steps After an Accident in Fort Worth: Your Critical Checklist

The moments immediately following an accident are often chaotic and frightening. However, the actions you take (or don't take) in these crucial first hours and days can significantly impact your personal injury claim. This checklist focuses on what you should do after an accident in Fort Worth, Texas, to protect your health and your legal rights.

A. Safety First: Prioritize Your Well-being

Protect your health and legal rights after a crash with this quick checklist of what to do immediately following an accident in Fort Worth, Texas.

1. Check for Injuries: First and foremost, assess yourself and anyone else involved for injuries. Even if you don't feel immediate pain, adrenaline can mask symptoms.
2. Move to Safety (If Possible and Safe to Do So): If your vehicle is operational and moving it won't cause further harm or risk, steer it to the side of the road or a nearby safe location. Turn on your hazard lights. If you're on foot, get clear of traffic.
3. Stay Calm: While difficult, try to remain calm. Panic can lead to poor decisions. Do your best to think clearly even turning on your hazard lights to make sure to alert drivers around the area that there has been a car wreck.

B. Call 911: Involve Law Enforcement and Emergency Medical Services

1. Report the Accident: For any accident involving injuries, significant property damage, or disputes, call 911 immediately. In Dallas and Fort Worth, law enforcement (Dallas or Fort Worth Police Department or Texas Highway Patrol) will respond to traffic accidents.
2. Request Medical Assistance: If anyone is injured, even if it seems minor, request an ambulance. Early medical documentation is crucial.
3. The Accident Report: The responding police officer will likely create an official Texas Peace Officer's Crash Report (CR-3). This report contains vital information, including details of the accident, involved parties, witness statements, and often, the officer's initial determination of fault. How to Get Your Texas Accident Report: You can typically obtain a copy of your accident report from the Fort Worth Police Department's website or records division a few days after the incident. Your attorney can also assist with this.
4. Cooperate, But Don't Speculate: Provide factual information to the police. Do not admit fault, make excuses, or speculate about what happened. Simply state the facts as you observed them.

C. Gather Information at the Scene: Document Everything

This is your opportunity to collect critical evidence that could support your claim.

1. Exchange Information: Get the following from ALL other drivers involved: Full Name and Contact Information, Insurance Company and Policy Number, Driver's License Number, Vehicle Make/Model/Year, and License Plate Number
2. Identify and Collect Witness Information: If anyone saw the accident, ask for their name and contact information. Their unbiased account can be invaluable.
3. Take Photos and Videos: Use your smartphone! Take pictures and videos of: Damage to all vehicles involved (close-ups and wider shots), Your injuries (bruises, cuts, swelling), The accident scene from different angles (skid marks, debris, traffic signals, road conditions, weather), Vehicle positions, Relevant surroundings (street signs, landmarks, cross streets), The other driver's license plate and insurance card.
4. Note Location Details: Be precise about where the accident occurred. Note the street names, nearest cross street, specific addresses, or highway markers.
5. Avoid Discussions of Fault: Again, do not discuss the accident details to anyone other than the police or apologize. Anything you say can potentially be used against you.

D. Seek Medical Attention Immediately: Prioritize Your Health and Documentation

1. Go to the ER/Urgent Care: Even if you feel fine, internal injuries or delayed onset pain (like whiplash) are common. Get checked out by a medical professional as soon as possible.
2. Follow All Medical Advice: Adhere strictly to your doctor's recommendations for follow-up appointments, specialists, physical therapy, and medications. Gaps in treatment can be used by insurance companies to argue your injuries aren't serious. Keep Detailed Records: Maintain a log of all medical appointments, treatments, medications, and out-of-pocket expenses.

E. Do NOT Admit Fault or Give Recorded Statements to Insurance Companies

1. Protect Your Statements: You are only required to report the accident to your own insurance company. You are NOT required to give a recorded statement to the at-fault driver's insurance company without consulting an attorney.
2. Beware of Quick Offers: Insurance adjusters may try to offer a quick, lowball settlement before you fully understand the extent of your injuries and damages. Do not accept or sign anything without legal counsel.
3. Refer Them to Your Attorney: Once you hire a personal injury lawyer, they will handle all communications with insurance companies on your behalf, protecting your rights and ensuring you don't inadvertently jeopardize your claim.

F. Contact the HLAW law firm as soon as possible.

1. Early Legal Counsel is Critical: The sooner you involve an experienced personal injury attorney in Fort Worth, the better. They can advise you on your rights, guide you through the process, and protect you from common pitfalls.
2. Free Consultation: Most personal injury lawyers, including the HLAW Law Firm, offer a free, no-obligation consultation to discuss your case. There’s nothing to lose by getting professional advice.

III. Understanding Texas Personal Injury Law: The Foundations of Your Claim

A personal injury claim in Texas is based on the concept of "negligence." To recover compensation, you generally need to prove that another party's negligent actions caused your injuries. Understanding these legal principles is fundamental to your case.

A. Negligence Explained: The Cornerstone of Your Claim

Negligence occurs when someone fails to act with the reasonable care that a prudent person would exercise under similar circumstances, resulting in harm to another. To prove negligence in Texas, four elements must typically be established:

1. Duty of Care: The at-fault party owed you a legal duty to act reasonably (e.g., drivers have a duty to operate their vehicles safely).
2. Breach of Duty: The at-fault party failed to uphold that duty (e.g., ran a red light, drove distracted, failed to maintain their property).
3. Causation: The at-fault party's breach of duty directly caused your injuries.
4. Damages: You suffered actual, quantifiable harm (injuries, financial losses).

B. Texas Comparative Fault Law (Proportionate Responsibility)

Texas follows a modified comparative fault rule, often referred to as "proportionate responsibility." This means:

• If you are found to be partially at fault for the accident, your compensation can be reduced by your percentage of fault.
• However, if you are determined to be more than 50% at fault (51% or greater), you are barred from recovering any damages from the other party.
• This rule highlights why it's crucial to have legal representation; insurance companies will often try to shift blame to minimize their payout.

C. Statute of Limitations in Texas: Don't Miss the Deadline!

A critical legal deadline in personal injury cases is the "statute of limitations." In Texas, the general rule is that you have two (2) years from the date of the accident to file a personal injury lawsuit.

• Why it's Crucial: If you don't file a lawsuit within this two-year period, you will likely lose your right to pursue compensation, regardless of the merits of your case.
• Exceptions: While two years is the general rule, some exceptions can shorten or extend this period (e.g., claims against government entities have much shorter deadlines, claims involving minors may be extended). It's always best to consult an attorney immediately to confirm the applicable deadline for your specific case.

D. Types of Accidents Covered by Personal Injury Law

Personal injury law in Texas covers a wide range of incidents where one person's negligence causes harm to another. Some of the most common types of cases handled by the HLAW Law Firm include:

• Car Accidents: By far the most frequent type, involving collisions due to distracted driving, speeding, drunk driving (DWI), fatigued driving, reckless driving, or failure to yield.
• Truck Accidents: Collisions involving 18-wheelers, semi-trucks, and other commercial vehicles often result in catastrophic injuries due to their massive size and weight. These cases can be complex, involving federal trucking regulations.
• Motorcycle Accidents: Motorcyclists are highly vulnerable on the road, and accidents often lead to severe injuries.Pedestrian & Bicycle Accidents: When drivers fail to yield or act negligently around pedestrians and cyclists, devastating injuries can occur.
• Slip and Fall / Premises Liability: Accidents occurring on someone else's property due to hazardous conditions (e.g., wet floors, uneven surfaces, poor lighting) that the property owner knew or should have known about.
• Dog Bites: Texas law has specific rules regarding liability for dog bites, often related to the owner's knowledge of the dog's dangerous propensities.
• Wrongful Death: When an individual dies due to the negligence or wrongful act of another, surviving family members may pursue a wrongful death claim for their losses.

IV. Types of Damages You Can Recover in a Texas Personal Injury Claim

Understanding your rights after an accident starts with knowing what you can recover. This breakdown of damages helps Texas injury victims see what compensation may be available under the law.

If you've been injured due to someone else's negligence in Texas, you may be entitled to recover various types of damages. These damages aim to compensate you for the losses you've suffered and put you back in the position you would have been in had the accident not occurred.

A. Economic Damages (Quantifiable Losses)

These are measurable financial losses directly resulting from your injury.

• Medical Expenses: This includes all costs related to your treatment, from the ambulance ride and emergency room visits to surgeries, doctor appointments, physical therapy, prescription medications, medical devices, and even estimated future medical care.
• Lost Wages: Compensation for income you lost due to your inability to work after the accident. This can include hourly wages, salary, commissions, bonuses, and even lost vacation or sick days.
• Loss of Earning Capacity: If your injuries prevent you from performing your job duties or force you into a lower-paying role, you can seek compensation for the future income you will no longer be able to earn.
• Property Damage: Cost to repair or replace damaged property, most commonly your vehicle, but could also include personal items damaged in the accident.
• Out-of-Pocket Expenses: Any other accident-related expenses you incurred, such as transportation costs to medical appointments, childcare, or home modifications needed due to your injuries.

B. Non-Economic Damages (Non-Quantifiable Losses)

These are subjective, non-monetary losses that impact your quality of life. They are more challenging to quantify but are equally important.

• Pain and Suffering: Compensation for the physical pain and discomfort you've endured, both immediately after the accident and ongoing.
• Mental Anguish / Emotional Distress: This includes anxiety, fear, depression, PTSD, or other emotional and psychological trauma resulting from the accident.
• Physical Impairment/Disfigurement: Compensation for the loss of use of a body part, disfigurement (e.g., scarring), or the inability to perform daily activities or participate in hobbies you once enjoyed.
• Loss of Enjoyment of Life: If your injuries prevent you from engaging in activities that brought you joy and fulfillment prior to the accident.
• Loss of Consortium: In certain cases, a spouse may claim damages for the loss of companionship, affection, and intimacy due to the injured spouse's injuries.

C. Punitive Damages (Exemplary Damages in Texas)

In Texas, punitive damages (also called "exemplary damages") are rarely awarded in personal injury cases. They are not intended to compensate the victim but rather to punish the at-fault party for exceptionally egregious conduct and to deter similar actions in the future. To be awarded punitive damages, you typically need to prove that the defendant's conduct was grossly negligent, malicious, or fraudulent.

V. The Personal Injury Claims Process in Texas: From Accident to Resolution (IMAGE)

Understanding the typical steps involved in a Texas personal injury claim can help demystify the process and alleviate some of your stress. While every case is unique, the general flow often follows these stages:

A. Initial Investigation & Evidence Gathering

• Your Role: This begins with the immediate steps you take at the accident scene (as detailed in Section II).
• Your Attorney's Role: Your Fort Worth personal injury attorney will launch a thorough investigation. This includes:
  • Obtaining the police report and any accident reconstruction reports.
  • Collecting all medical records and bills related to your injuries.
  • Gathering witness statements.
  • Analyzing photos, videos, and other evidence from the scene.
  • Working with experts (e.g., accident re-constructionists, medical specialists, economists) if needed.
  • Determining all liable parties.

From accident to resolution, this flowchart walks you through each phase of a Texas personal injury claim. Know what to expect—and how HLAW can help every step of the way.

B. Demand Letter

Once you have completed medical treatment or reached maximum medical improvement (MMI), your attorney will compile all evidence and losses into a comprehensive "demand letter." This letter formally notifies the at-fault party's insurance company of your claim, outlines the facts of the accident, details your injuries and damages, and demands a specific amount of compensation to settle the claim.

C. Negotiation with Insurance Companies

• Initial Offers: The insurance company will review the demand letter and typically respond with a counter-offer. Be prepared: initial offers are often significantly lower than what your case is truly worth.
• Attorney's Role: This is where the skill and experience of your personal injury lawyer are crucial. They will negotiate aggressively on your behalf, countering low offers, providing additional evidence, and advocating for the full value of your claim. They understand the tactics insurance companies use to minimize payouts.

D. Filing a Lawsuit (If Settlement Not Reached)

If negotiations with the insurance company fail to produce a fair settlement, your attorney will recommend filing a personal injury lawsuit. This doesn't necessarily mean your case will go to trial; most lawsuits settle before reaching a courtroom.

• Petition: Your attorney files a formal complaint (petition) with the appropriate court, outlining your claims against the at-fault party.
• Discovery: Both sides exchange information and evidence through various formal processes, including:
  • Interrogatories - Written questions answered under oath
  • Requests for Production: Requests for documents and evidence.
  • Depositions: Oral testimony given under oath by involved parties and witnesses.

E. Mediation & Arbitration

Before or during the lawsuit phase, many personal injury cases in Texas are resolved through alternative dispute resolution (ADR) methods:

• Mediation: A neutral third-party mediator facilitates discussions between you and the insurance company/defendant, helping you reach a mutually agreeable settlement. Mediation is a common and often successful way to resolve cases without trial. Fort Worth has many skilled mediators specializing in personal Injury cases.
• Arbitration: A neutral third-party arbitrator hears evidence and makes a binding or non-binding decision.

F. Trial (If Necessary)

If all attempts at settlement or ADR fail, your case may proceed to trial. This involves:

• Jury Selection: Choosing jurors.
• Opening Statements: Attorneys present their case overview.
• Presenting Evidence: Witnesses testify, documents are introduced.
• Closing Arguments: Attorneys summarize their cases.
• Verdict: The jury or judge delivers a decision.

G. Appeals

If either party is dissatisfied with the trial outcome, they may have the right to appeal the decision to a higher court.

VI. Dealing with Insurance Companies: Protecting Your Rights

Insurance companies, even your own, are businesses focused on their bottom line. Their primary goal is to minimize the amount they pay out in claims, not necessarily to ensure you are fully compensated. This adversarial dynamic makes dealing with them particularly challenging for accident victims.

A. Your Own Insurance vs. The At-Fault Driver's Insurance

• Your Policy: You are required to report the accident to your own insurance company. They may handle initial medical payments (if you have MedPay) or property damage claims.
• At-Fault Driver's Policy: This is the company that will ultimately be responsible for paying your personal injury damages. Their adjuster represents their client (the at-fault driver), not you.

B. Understanding Uninsured/Underinsured Motorist (UM/UIM) Coverage

In Texas, while car insurance is mandatory, many drivers are uninsured or carry only minimum coverage. UM/UIM coverage is an optional but highly recommended addition to your own policy. If the at-fault driver has no insurance or insufficient insurance to cover your damages, your UM/UIM coverage can step in to protect you. This is a claim made against your own policy, but it still often requires skilled legal negotiation.

C. Tips for Dealing with Adjusters (If you have to talk to them before you hire a lawyer)

• Be Polite, But Firm: Remain courteous but understand their objective.
• Provide Basic Information Only: Give your name, contact information, and policy number.
• Do NOT Give Recorded Statements: Politely decline any requests for recorded statements about the accident details or your injuries. Simply state that you are not prepared to give a statement at this time.
• Do NOT Speculate or Admit Fault: Even a simple "I'm sorry" can be misconstrued as an admission of fault.
• Do NOT Sign Anything: Never sign medical releases or settlement offers without first consulting with a personal injury attorney. Signing a general medical release gives the insurance company access to all your medical history, not just accident-related records.
• Keep a Log: Document all communications with insurance adjusters, including dates, times, names, and what was discussed.

D. How a Lawyer Changes the Dynamic

Once you hire a personal injury lawyer from the HLAW Law Firm, all communications with insurance companies will go through your legal team. This immediately levels the playing field. Your attorney will:

• Handle all phone calls, paperwork, and negotiations.
• Prevent you from saying anything that could jeopardize your claim.
• Ensure you receive the full and fair compensation you deserve.
• Protect your rights from predatory insurance practices.

VII. Why Hire a Fort Worth Personal Injury Lawyer?

After an accident, you’re recovering from injuries, dealing with stress, and likely overwhelmed. Adding the complexities of a legal claim to that burden can be too much. This is precisely why having an experienced Fort Worth personal injury attorney on your side is not just helpful, but often essential.

A. Navigating Complex Legal Procedures

Texas personal injury law is intricate. There are specific rules of evidence, court procedures, filing deadlines (statutes of limitations), and legal precedents that apply. Without a deep understanding of these complexities, you risk making critical errors that could undermine your case. An attorney knows the law and how to apply it to your specific situation.

B. Maximizing Your Compensation

Insurance companies are experts at minimizing payouts. They have vast resources and strategies designed to reduce your claim's value. An attorney knows how to:

• Accurately Assess Damages: They can identify all potential economic and non-economic damages, ensuring nothing is overlooked.
• Gather Compelling Evidence: They know what evidence is needed to prove negligence and the full extent of your injuries.
• Negotiate Effectively: They have the negotiation skills and legal leverage to counter lowball offers and fight for the maximum compensation you deserve. Studies often show that injured individuals with legal representation receive significantly higher settlements than those without.

C. Dealing with Insurance Companies on Your Behalf

This is perhaps one of the most significant benefits. Your attorney will handle all communication with insurance adjusters, allowing you to focus on your recovery. They will protect you from misleading questions, settlement traps, and pressure tactics.

D. Access to Resources

Experienced personal injury firms like the HLAW Law Firm have established networks of professionals, including:

• Medical Experts: To provide second opinions or expert testimony on your injuries and prognosis.
• Accident Re-constructionists: To recreate the accident scene and provide expert analysis.
• Investigators: To gather crucial evidence.
• Financial Experts: To calculate lost earning capacity and future medical costs.

E. Peace of Mind

Knowing that a dedicated legal team is fighting for your rights can significantly reduce your stress and allow you to concentrate on healing. You won't have to worry about answering tricky questions from adjusters, filling out complex forms, or navigating the court system alone.

F. Cost-Effective Representation: Contingency Fees Explained

Many accident victims hesitate to hire a lawyer because they worry about upfront costs. At the HLAW Law Firm, we work on a contingency fee basis for personal injury cases. This means:

• You Pay Nothing Upfront: You won't owe any attorney fees unless we win your case through a settlement or trial verdict.
• No Win, No Fee: If we don't recover compensation for you, you owe us nothing in attorney fees.
• Our Fee Comes from the Recovery: Our fee is a pre-agreed-upon percentage of the final settlement or award. This aligns our interests directly with yours: the more compensation you receive, the more we earn.

G. Why Choose the HLAW Law Firm for Your Fort Worth Personal Injury Claim?

At HLAW, our attorneys are deeply rooted in the Fort Worth community. We bring:

• Extensive Experience: Our team has a proven track record of successfully handling a wide range of personal injury cases across Texas, including complex wrongful death, car, truck, and premises liability accidents.
• Former Prosecutors and Trial Lawyers: Our unique background as former prosecutors and courtroom litigators gives us an invaluable perspective on building strong cases and understanding litigation strategies, which we apply to our personal injury practice.
• Client-Centered Approach: We prioritize clear communication, personalized attention, and aggressive advocacy to achieve the best possible outcome for each client.
• Local Knowledge: Our familiarity with Tarrant County courts, local procedures, and even specific accident hot spots in Fort Worth provides an advantage in your case.
• Reputation for Excellence: We are dedicated to upholding our reputation for aggressive and ethical representation, fighting tirelessly for our clients' rights.

VIII. Frequently Asked Questions (FAQs) About Personal Injury Claims in Texas

Here are answers to some of the most common questions we receive from accident victims in Fort Worth:

Q1: How much is my personal injury case worth? A: There's no average or magic number. The value of your case depends entirely on the unique facts, including the severity of your injuries, the medical treatment required, lost wages, pain and suffering, and the clarity of fault. An attorney can provide a more accurate estimate after a full review of your case.

Q2: How long does a personal injury claim take in Texas? A: The timeline varies greatly. Simple cases with clear liability and minor injuries might settle in a few months. More complex cases involving serious injuries, extensive medical treatment, multiple parties, or the need for a lawsuit can take a year or more, sometimes several years if it goes to trial.

Q3: What if I can't afford medical treatment after an accident? A: This is a common concern. An experienced personal injury attorney can often help you get the medical care you need, even if you don't have health insurance or cash upfront. This might involve working with providers who agree to be paid out of your settlement or connecting you with resources.

Q4: Do I have to go to court? A: Most personal injury cases in Texas settle out of court through negotiation or mediation. While the HLAW Law Firm prepares every case as if it will go to trial, only a small percentage actually do. The decision to go to trial is always made in consultation with you.

Q5: What if the accident was partially my fault? A: Texas's modified comparative fault rule (the 51% rule) means you can still recover damages if you are 50% or less at fault. Your compensation will be reduced by your percentage of fault. If you are found to be 51% or more at fault, you cannot recover. This makes proving fault crucial.

Q6: Can I still claim if I was a passenger in an accident? A: Yes. If you were injured as a passenger due to the negligence of any driver (yours or another vehicle's), you generally have a valid personal injury claim.

Q7: How much does a personal injury lawyer cost in Fort Worth? A: Most personal injury lawyers, including Howard Lotspeich Alexander and Williams, PLLC (HLAW), work on a contingency fee basis. This means you pay no upfront legal fees, and your attorney's fee is a percentage of the compensation they recover for you. If they don't win, you don't pay attorney fees.

Q8: Should I accept the first settlement offer from the insurance company? A: Almost never. Initial offers are typically low and designed to resolve your claim quickly and cheaply, before the full extent of your injuries and damages are known. Always consult an attorney before accepting any settlement offer.

IX. Conclusion & Next Steps: Get the Help You Deserve

Know your rights after an accident. This quick-reference guide highlights five essential legal facts every Fort Worth injury victim should understand.

Experiencing a personal injury accident in Fort Worth can be a traumatic and life-altering event. While this guide provides a comprehensive overview of your rights and the legal process in Texas, remember that you don't have to navigate this complex journey alone.

The choices you make immediately after an accident, and the legal representation you secure, can profoundly impact your ability to recover financially and physically. Insurance companies have teams of lawyers and adjusters working to protect their interests; you deserve equally dedicated and experienced advocates fighting for yours.

At the HLAW Law Firm, we are committed to providing compassionate yet aggressive legal representation to accident victims across the Dallas-Fort Worth Metroplex. Our team will tirelessly investigate your case, gather evidence, negotiate with insurance companies, and if necessary, represent you vigorously in court. Our goal is to alleviate your burden so you can focus on what truly matters: your recovery.

Don't delay. The statute of limitations is ticking, and evidence can disappear.

Contact the HLAW Law Firm today for a free, no-obligation consultation to discuss your Fort Worth personal injury claim. Let us help you understand your options and seek the justice and compensation you deserve.

Call us now at 817-993-9249 or fill out our online contact form to schedule your free consultation and case evaluation today.

X. Local Resources for Accident Victims in Fort Worth & Tarrant County

Here are some helpful resources for accident victims in our local community:

•Fort Worth Police Department (FWPD): https://police.fortworthtexas.gov/home
◦Accident Report Request: https://police.fortworthtexas.gov/How-Do-I/Get-Copy-Accident-Report-
•Tarrant County District Clerk's Office: https://www.tarrantcountytx.gov/en/district-clerk.html
•Texas Department of Transportation (TxDOT): https://www.txdot.gov
◦Crash Report Request (for statewide reports): https://www.txdot.gov/data-maps/crash-reports-records.html
•Local Hospitals & Medical Centers in Fort Worth: 
-Baylor Scott & White: https://www.bswhealth.com
-Texas Health Harris Methodist Hospital Fort Worth: https://www.texashealth.org/Locations/texas-health-fort-worth
-Medical City Fort Worth: https://www.medicalcityhealthcare.com/locations/medical-city-fort-worth- hospital
•Texas Bar Association: https://www.texasbar.com
•Texas Civil Practice and Remedies Code: https://statutes.capitol.texas.gov/docs/sdocs/civilpracticeandremediescode.pdf

[UPDATED 05/28/2025]

When accidents or injuries happen, understanding whether your situation qualifies as a personal injury case is crucial. A Texas Personal Injury Case arises when someone is harmed due to another party's negligence, intentional actions, or strict liability. In this blog post, we’ll break down what qualifies as a personal injury case and provide examples to help you determine your next steps.

A serious car crash highlights the importance of understanding what legally qualifies as a personal injury in Texas.

The Basics of Texas Personal Injury Cases

A personal injury case typically involves:

1. Duty of Care: The responsible party owed a legal duty to act in a way that avoids causing harm to others.
2. Breach of Duty: The responsible party failed to meet that duty, either through negligence or intentional actions.
3. Causation: The breach of duty directly caused the injury.
4. Damages: The injured party suffered measurable harm, such as medical expenses, lost wages, or pain and suffering.

Common Types of Personal Injury Cases in Texas

1. Car Accidents

   One of the most common types of personal injury cases, car accidents occur when a driver acts negligently, such as speeding, texting while driving, or running a red light. Texas law requires drivers to carry liability insurance to cover damages they cause.

2. Slip and Fall Accidents

   Property owners have a duty to maintain safe premises. If you slip, trip, or fall due to hazards like wet floors, uneven surfaces, or poor lighting, you may have a personal injury case under premises liability law.

3. Workplace Injuries

   Texas employers must provide a safe working environment. If an injury occurs on the job, workers may be eligible for workers' compensation or, in some cases, file a lawsuit for damages if the employer’s negligence was involved.

4. Medical Malpractice

   When healthcare providers fail to meet the standard of care, patients can suffer harm. Examples include surgical errors, misdiagnosis, or medication mistakes. Texas has specific laws governing medical malpractice claims, including damage caps.

5. Product Liability

   If a defective product causes injury, you may be able to file a lawsuit against the manufacturer, distributor, or retailer. Common cases involve faulty machinery, contaminated food, or unsafe toys

6. Dog Bites and Animal Attacks

   Texas law holds pet owners responsible if their animal injures someone, especially if the owner knew the animal had aggressive tendencies.

7. Wrongful Death

   If a loved one dies due to another party’s negligence or wrongful act, surviving family members may file a wrongful death claim to seek compensation for their loss.

Examples of Negligence in Personal Injury Cases

Negligence can take many forms, including:

• Distracted driving (e.g., texting or eating while driving)
• Failing to clean up spills or repair hazards on a property
• Ignoring safety protocols at work
• Manufacturing a product with design flaws

Proving a Personal Injury Case

To successfully pursue a personal injury case, you’ll need to prove:

• The other party’s fault: This often requires evidence such as photos, video footage, police reports, or witness statements.
• Your damages: Medical records, bills, pay stubs, and expert testimony can help establish the financial and emotional impact of your injury.

Damages in Personal Injury Cases

If your case is successful, you may recover:

• Economic damages: Medical expenses, lost wages, property damage, and future earning capacity.
• Non-economic damages: Pain and suffering, emotional distress, and loss of enjoyment of life.
• Punitive damages: Awarded in rare cases to punish extreme negligence or intentional misconduct.

Do You Have a Case?

If you’re unsure whether your situation qualifies as a personal injury case, we would be happy to visit with you and offer a free consultation. We can evaluate your case, explain your legal options, and help you seek the compensation you deserve.

Conclusion

Personal injury cases in Texas cover a wide range of situations, from car accidents to product liability. The key is proving negligence, causation, and damages. If you believe you’ve been harmed due to someone else’s actions, don’t wait to take action—time limits apply to most personal injury claims. Don't wait - Texas law limits how long you have to file a personal injury claim! Contact us today for a free consultation and get the justice you deserve.

Learn more about filing a personal injury claim in Texas.

 

How to Choose the Best Personal Injury Firm in Fort Worth: Key Factors and Lawyer Reviews

Selecting the right personal injury firm in Fort Worth can significantly impact the outcome of your case. With numerous options available, understanding the key factors that influence your choice is essential. This article will guide you through the critical elements to consider when choosing a personal injury lawyer, including their experience, reputation, and client reviews. By the end, you will be equipped with the knowledge to make an informed decision that aligns with your needs and expectations.

What Are the Most Important Factors When Choosing a Fort Worth Personal Injury Lawyer?

When selecting a personal injury lawyer in Fort Worth, several factors play a crucial role in ensuring you receive the best representation. These include the attorney's experience, the law firm's reputation, and the feedback from previous clients. Understanding these elements can help you gauge the potential success of your case and the level of service you can expect.

How Does Attorney Experience Impact Your Injury Case Outcome?

The experience of an attorney is vital in personal injury cases, as it directly influences the outcome. Experienced lawyers possess a deep understanding of the legal landscape, which allows them to navigate complex cases effectively. They are familiar with the tactics used by insurance companies and can leverage their knowledge to negotiate better settlements. Furthermore, a seasoned attorney often has a proven track record of success in similar cases, which can instill confidence in clients.

Indeed, the value of an experienced attorney in personal injury cases is consistently highlighted in legal scholarship.

Why Is a Law Firm’s Reputation Crucial in Fort Worth?

A law firm's reputation is a significant factor in your decision-making process. A firm with a strong reputation is likely to have a history of successful case outcomes and satisfied clients. This reputation can be assessed through client reviews, peer recognition, and awards. A well-regarded firm not only enhances your chances of a favorable outcome but also provides peace of mind, knowing that you are in capable hands.

How Can You Evaluate Fort Worth Injury Lawyer Reviews Effectively?

Evaluating reviews of personal injury lawyers in Fort Worth is essential for making an informed choice. Reviews can provide insights into the experiences of past clients and highlight the strengths and weaknesses of a firm. When assessing these reviews, look for detailed testimonials that discuss specific outcomes and the overall satisfaction of clients.

What Should You Look for in Client Testimonials and Case Success Stories?

When reading client testimonials, focus on the specifics of their experiences. Look for mentions of successful case outcomes, the attorney's communication style, and the level of support provided throughout the legal process. Testimonials that detail the challenges faced and how the attorney helped overcome them can be particularly telling of their capabilities.

How Do Online Review Platforms Influence Your Choice?

Online review platforms, such as Yelp and Avvo, play a significant role in shaping your perception of a personal injury lawyer. These platforms aggregate client feedback and provide a broader view of a lawyer's reputation. Pay attention to the overall ratings, the number of reviews, and the consistency of feedback across different platforms. A lawyer with numerous positive reviews is likely to be a reliable choice.

What Questions Should You Ask During a Personal Injury Lawyer Consultation in Fort Worth?

During your initial consultation with a personal injury lawyer, asking the right questions is crucial to understanding their approach and capabilities. This dialogue can help clarify their fee structures, communication preferences, and overall strategy for your case.

Understanding the dynamics of client decision-making during this crucial phase is further illuminated by research into the lawyer-client relationship.

Which Fee Structures and Contingency Costs Should You Clarify?

Understanding the fee structure is essential when hiring a personal injury lawyer. Most personal injury attorneys work on a contingency fee basis, meaning they only get paid if you win your case. Clarify the percentage they will take from your settlement and any additional costs you may incur. This transparency will help you avoid unexpected expenses later on.

How to Assess Consultation Availability and Attorney Communication?

Effective communication is vital in any attorney-client relationship. During your consultation, assess how responsive the attorney is to your questions and concerns. Inquire about their availability for meetings and updates on your case. A lawyer who prioritizes communication will likely provide a better overall experience.

How Do Fort Worth Car Accident Attorneys Handle Personal Injury Claims?

Understanding how personal injury claims are handled in Fort Worth is essential for anyone involved in an accident. Car accident attorneys typically follow a structured process to ensure that clients receive the compensation they deserve.

What Is the Typical Personal Injury Claim Process in Texas?

The personal injury claim process in Texas generally involves several key steps. Initially, the attorney will gather evidence, including police reports and medical records, to build a strong case. Next, they will negotiate with insurance companies to reach a fair settlement. If a settlement cannot be reached, the attorney may file a lawsuit and represent you in court. This structured approach ensures that all aspects of your case are thoroughly addressed.

How Long Do Personal Injury Cases Usually Take in Fort Worth?

The duration of personal injury cases can vary significantly based on several factors, including the complexity of the case and the willingness of the parties to negotiate. On average, personal injury cases in Fort Worth can take anywhere from several months to a few years to resolve. Factors such as the need for extensive medical treatment or disputes over liability can extend this timeline.

How to Verify a Personal Injury Law Firm’s Reputation and Success Rate in Fort Worth?

Verifying a law firm's reputation and success rate is crucial before making your final decision. This process involves researching their track record and understanding how they have performed in past cases.

Where to Find Reliable Case Success Statistics and Legal Credentials?

To verify a law firm's success rate, look for case success statistics on their website or legal directories. Many firms publish their achievements, including the number of cases won and the total amount recovered for clients. Additionally, checking their credentials through the Texas State Bar Association can provide insights into their standing and any disciplinary actions.

How Does Local Legal Expertise Affect Your Injury Claim?

Local legal expertise can significantly impact your injury claim. Attorneys familiar with Fort Worth's legal landscape understand the nuances of local laws and regulations. This knowledge can be advantageous in navigating the legal system and ensuring that your case is handled effectively. Furthermore, local attorneys often have established relationships with judges and opposing counsel, which can facilitate smoother negotiations.

Why Choose Howard Lotspiech Alexander & Williams, PLLC (HLAW) for Your Personal Injury Case in Fort Worth?

Howard Lotspiech Alexander & Williams, PLLC (HLAW) exemplifies the qualities outlined in this article, making it an excellent choice for your personal injury needs in Fort Worth. Our firm combines extensive attorney experience, a strong reputation, and a commitment to client satisfaction that aligns perfectly with the key factors you should consider when selecting legal representation.

At HLAW, our attorneys bring years of specialized experience in personal injury law, having successfully handled a wide range of cases similar to yours. This experience equips us to navigate the complexities of insurance negotiations and litigation effectively, maximizing your chances of a favorable outcome.

Our firm’s reputation in the Fort Worth community is built on a foundation of trust, integrity, and proven results. We are proud of the positive reviews and testimonials from past clients who highlight our communication, dedication, and successful case resolutions. These endorsements reflect our commitment to providing personalized and attentive legal service.

We understand the importance of transparent fee structures and clear communication. During your consultation with HLAW, we will thoroughly explain our contingency fee arrangement and ensure you are fully informed about any potential costs. Our attorneys prioritize responsiveness and accessibility, keeping you updated throughout every stage of your case.

Moreover, our deep local legal expertise and established relationships within the Fort Worth legal community enable us to advocate effectively on your behalf. We are dedicated to guiding you through the personal injury claim process with professionalism and care, ensuring that your rights are protected and your interests vigorously represented.

Choosing Howard Lotspiech Alexander & Williams, PLLC means partnering with a firm that not only meets but exceeds the criteria for selecting the best personal injury lawyer in Fort Worth. We invite you to contact us for a consultation to discuss how we can assist you in achieving the best possible outcome for your case.

For a free case evaluation and consultation with our team, contact us today!

What is the Stowers Doctrine and How Does it Apply to a Personal Injury Case in Texas?

Under the typical Texas liability insurance policy both the insurer and the insured have mutual obligations and rights. The insured pays a premium to their insurance company to protect against unexpected losses and claims. On the other hand, the insurance company has a duty to defend against claims covered under the policy and a right to control the defense of litigation should it arise.¹ Included in the right to control litigation is the insurer’s authority to make the decisions concerning policy coverage, the merits of claims made by third parties against the insurance company, and the settlement of such claims.² But what happens when an insurance company refuses an offer to settle within the policy limits?

According to the Stowers Doctrine, the insurer has an implied duty to act in good faith and accept reasonable settlement demands within policy limits.³ This is called the Stowers duty. Through this duty the insurer protects the insured against judgements in excess of policy limits. Under the Stowers Doctrine, if an insurance company negligently failed to accept a reasonable offer within policy limits and a jury then returns a verdict in excess of the policy limits, the insurance company may be liable for the entire verdict, even though it exceeds policy limits.⁴

History of the Stowers Doctrine

The Stowers Doctrine originated in 1929 from the Texas Supreme Court case G.A. Stowers Furniture Co. v. American Indemnity, Co., 15 S.W.2d 544 (Tex.). Stowers Furniture Co. had an auto insurance policy with American Indemnity for $5,000. During the policy term, a furniture employee’s truck was involved in an accident and suit was brought by the injured passenger, claiming $20,000 in damages. While the suit was pending, the injured party served Stowers with a letter offering to settle for $4,000—within policy limits. The letter gave a deadline to accept the offer and provided proof of the excessive damages. American Indemnity refused to settle and went to trial with the intention of saving money. They lost at trial and a jury awarded the injured party more than twice the amount of the policy. The terms of the insurance policy stated that Stowers was responsible for a judgment in excess of the policy limits. Stowers paid the judgement and then sued the insurance company for reimbursement.

The Texas Supreme Court held that American Indemnity owed a duty to Stowers to exercise ordinary care in the settlement of claims. American Indemnity was responsible for protecting the insured up to the policy limit. The Court remanded the case to the district court to allow testimony of the serious nature of the passenger’s injuries to determine if American Indemnity was negligent in refusing the settlement offer.⁵ If American Indemnity rejected a reasonable settlement within the policy limits, they would potentially be liable for the entire judgement, even that in excess of the policy.⁶

The purpose behind Stowers is to encourage insurance companies to settle claims for the policy limit. Because insurance companies have complete power over litigation, they have a corresponding duty to their insured to exercise the same degree of care that a prudent person would exercise under similar circumstances. Failing to exercise such care is deemed negligent on the part of the insurance company.⁷ Put simply, the insured is protected from the insurance company taking a risk when a reasonable person would have settled.

How Does a Stowers Demand Work?

The Stowers Doctrine is a tool unique to Texas law and has created a new type of settlement demand: the Stowers demand. This demand is a time-sensitive letter sent to a third-party insurance carrier with an offer to settle within the insured’s policy limits.⁸ For a Stowers demand to be valid, five requirements must be met:

1. the claim against the insured is within the scope of coverage;
2. liability is reasonably clear;
3. the demand is within the limits of the policy;
4. the settlement terms are such that an ordinarily prudent insurer would accept it when considering the likelihood and degree of the insured’s potential exposure to an excess judgment; and
5. the demand offers the insurer an unconditional, full release for liability.⁹

If these requirements are met and the insurer fails to accept the offer by the deadline, the defendant’s insurance company may be held responsible for verdict in excess of its insured’s policy limits.¹⁰

Footnotes:

1.  Stephen G. Cochran, Texas Practice Series: Consumer Rights and Remedies § 5.13 (3d ed. 2017).
2.  Id.
3.  American Physicians Ins. Exch. v. Garcia, 876 S.W.2d 842, 846 (Tex. 1994).
4.  See G.A. Stowers Furniture Co. v. American Indemnity, Co., 15 S.W.2d 544, 547 (Tex. 1929).
5.  Id. at 548
6.  Id. at 547
7.  Texas Farmers Ins. v. Soriano, 881 S.W.2d 312, 314 (Tex. 1994).
8.  American Physicians Ins. Exch. v. Garcia, 876 S.W.2d 842, 844–45 (Tex. 1994).
9.  Id. at 849; Trinity Universal Ins. Co. v. Bleeker, 966 S.W.2d 489 (Tex. 1998).
10.  See Ecotech Int'l, Inc. v. Griggs & Harrison, 928 S.W.2d 644, 646 (Tex. App.—San Antonio 1996, writ denied); Stowers Doctrine, Int’l Risk Mgmt. Inst.

Texas law is clear that every driver must maintain financial responsibility (auto insurance). But, the truth of the matter is that there are thousands of drivers on Texas roads who are underinsured with a minimum policy or not insured at all. What this means is that if you are hit and injured in a car wreck by one of these uninsured or underinsured drivers, you may have to use your own insurance to pay for your medical bills, lost wages, lost ability to work and/or other damages.

What can you do to protect yourself if you are injured in an accident caused by an underinsured or uninsured driver?

We recommend that you carry a significant amount of uninsured motorist (UM) and underinsured motorist (UIM) protection insurance. These policies, which typically only cost you a few dollars per month, ensure that if you are injured by an underinsured or uninsured motorist you and your attorney will have a policy to pursue to properly compensate you for your injuries.

What are the minimum requirements of insurance in Texas and what else can you do to protect yourself?

Texas law requires that a driver have at least $30,000 of coverage for injuries per person, and a total of $60,000 per accident. Insurance companies also offer an option called personal injury protection (PIP). While some states require that drivers carry PIP, Texas does not. PIP is an additional option that provides coverage specifically for injuries sustained in a car wreck. Most people carry $2,500 in coverage under their PIP – this is the minimum coverage required to be “offered” in Texas when you purchase an auto insurance policy. PIP not only pays medical bills but, 80% of your lost income and reasonable household duties. You can purchase even higher limits of PIP through your insurance company and you should get as much PIP coverage as you can. Most insurance companies will sell you at least $10,000 in coverage under PIP, some even more.

Ultimately, if you are injured in a car wreck, your own PIP insurance would be the first policy to pay towards your damages before you can start to pursue the driver’s insurance who hit you.

Why the minimum coverage (and PIP) typically aren’t enough.

Often times, when you’re seriously injured, using your PIP and having the minimum amount of coverage to go after against the driver who hit you just isn’t enough. This is especially (and obviously) the case if the at-fault driver is uninsured. This is where your UIM/UM policy kicks in. If you don’t have UIM/UM coverage under your own policy, then you could be out of luck.

With UM and UIM insurance, claims that exceed your own PIP and the at-fault driver’s insurance will be covered up to the limits of your UM/UIM policy. Because of the vast amount of driver’s in Texas who are either underinsured or uninsured, in many cases UM/UIM policies are one of the only coverages available for your attorney to seek to compensate you for your injuries.

Do you need an attorney for UM/UIM cases?

Yes you do. First and foremost, you need an advocate to make sure you’re getting the most out of your claim against the at-fault driver. But if the at-fault driver is underinsured or uninsured and you have UM/UIM coverage, that doesn’t just mean that your own insurance company is going to automatically hand over the limits of your own UM/UIM policy.

When a driver seeks to be compensated out of their own UM/UIM coverage, they are often times still met with resistance by their own insurance company. The insurance company will still do what they can to pay you as little as possible (they’re a business and unfortunately, you’re often times still treated more like a number than an injured person). An attorney’s job is to break this mentality and advocate for you to be treated fairly and be taken seriously by these insurance companies – not just treated as another number in their computer programs.

What can you do if your own insurance company is not fairly compensating you under your UM/UIM policy?

The first step is to retain our firm to represent you. We’ll advocate for you and work to maximize your claim not only against the at-fault driver’s insurance company but with your insurance provider as well if you’re covered under a UM/UIM policy. Ultimately, if negotiations do not produce a fair offer from your insurance company, you may even bring suit to pursue a fair outcome against your UM/UIM policy.

To speak with an attorney about insurance policies that might be available in your case – including UM/UIM coverage – please contact our office for a free initial consultation.

Do I still have a case if the police didn’t make a report on my car wreck?

Many people involved in motor vehicle collisions may not have police or accident reports documenting the specifics of the wreck. Sometimes it could be because the wreck was not reported and the police were never called. Other times, the police may have been called but simply did not respond. Law enforcement agencies often lack the resources to respond to each and every car wreck that occurs in their jurisdiction. More and more police agencies are putting policies into place that do not require them to respond to what the agency deems a “minor” wreck. The problem is that sometimes a wreck that law enforcement deems “minor” may actually have major long-term consequences (and injuries) for the individuals involved.

What can I do if the police never made a report of my accident?

If you are involved in one of these types of wrecks, and there was no accident report filed with the police, you can still have a valid personal injury case. Regardless of the reason, you may find that you do have a legitimate case and still need to file a personal injury lawsuit to be fairly compensated for your injuries. Having a police report can be an advantage when filing a personal injury lawsuit, but even without one it is possible to file and win your case.

Other Ways to Investigate

Police reports are helpful because they provide the parties and the court with relevant facts about the accident based on the observations of unbiased law enforcement officers. But, police officers are not the only people who can provide evidence demonstrating that the other party was negligent. A private investigator can help too.

When necessary, our personal injury attorneys work with private investigators to collect evidence about cases, find and contact witnesses, and gather information to determine which party was at fault in an accident. You will not be required to pay for these services up front. The cost for these services will most likely be presented as an expense that will be deducted from the total sum of your award or settlement.

Other Sources of Information

In addition to an accident report as well as witness testimony, other documents and materials can also be gathered as evidence of your injuries and their cost. These include medical records, videos, photos and other relevant documents. Your attorney can help you obtain these records and reports during the investigation and discovery stage of your case. These documents can help to build up a solid evidentiary basis for your case that your attorney will use to negotiate a settlement or represent you in court.

Your Own Statement

You are most often your best witness. You were present when the wreck occurred and personally went through it. It is always in your best interest to first provide an account of what happened to your attorney directly. Communications between an attorney and client are confidential, so before speaking with anyone about your case you should consult with your attorney regarding what you should or should not disclose and to whom. It is best to retain one of our attorneys so that we can speak confidentially about your case and determine the best course of action to proceed.

Ultimately, it is important to put together an accurate and coherent account of what occurred. Being injured in an accident is almost always a very emotional experience. Your attorney can help you establish a timeline of the events that is logical and provides a clear picture of how the accident happened and the injuries that resulted from it. This can be very similar to the type of narrative that the police would provide if they had written a report.

If you were seriously injured in a motor vehicle collision, and there is no police report, don’t worry. You may still have a very valid case for which fair recovery for your injuries can be obtained. Our experienced motor vehicle accident lawyers can help you determine the best course of action in these situations.

Vape Batteries and E-Cigarette Explosions: Who is responsible for injuries or deaths caused by an “Industry-Wide” problem?

There has been plenty of debate on the health and safety effects of “vaping”, but the most dangerous aspect of electronic cigarettes is likely the potentially explosive lithium-ion batteries used to power them.

Since 2009, there have been over 200 reported incidents of fires and explosions, and at least one death, caused by exploding e-cigarettes in the U.S. As more products enter the market, the number of these explosions will continue to rise, as will the number of injuries and deaths.

If you or a loved one have been injured by an exploding e-cigarette, you may be entitled to compensation from the manufacturer or seller of the device. Our law firm has represented individuals that have suffered injuries from an exploding battery and we know how to pursue compensation.

What is an E-Cigarette?

An “electronic cigarette” refers to several different types of devices within a larger class. These devices come in varying shapes and sizes and are sometimes called e-cigs, personal vaporizers (VPs), mods, electronic nicotine deliver systems (ENDS), and vape pens. They are powered by lithium-ion batteries which produce a heated vapor that looks like smoke.

Risk of Injury Due to Explosion of Lithium-ion Batteries in E-Cigs is Exceedingly Dangerous

In 2016, the U.S. Fire Administration issued a report concluding that lithium-ion batteries should not be used in e-cigarettes due to the inherent risks of injuries due to explosion and fire. In reaching this conclusion, the agency examined 195 reported cases of e-cigarette battery explosions.

"The e-cigarette/lithium-ion battery combination presents a new and unique hazard to consumers. No other consumer product places a battery with a known explosion hazard such as this in close proximity to the human body. It is this intimate contact between the body and the battery that is most responsible for the severity of the injuries that have been seen."

(McKenna, Lawrence. “Electronic Cigarette Fires and Explosions in the United States 2009-2016.” National Fire Data Center, U.S. Fire Administration.)

Who is Responsible if a Vape Pen Explodes?

In Texas, the manufacturer is generally responsible for the safety of its products. Only when the manufacturer is insolvent or beyond the reach of Texas courts can the sellers be held liable. Tex. Civ. Prac. & Rem. Code Sec. 82.003 (“Liability of Nonmanufacturing Sellers”).

Because most e-cigarettes and lithium-ion batteries are produced in China, it is often the vape shop or other retailer that sold the defective product who is responsible for the damages. As such, consumers should always purchase from reputable retailers who are more likely to be financially solvent and/or have insurance to cover the damages.

Under Texas law, any party who participated in the design, manufacture, or marketing of a defective product may be held responsible for damages. In the case of e-cigarettes, these products could be considered fundamentally defective because almost every product currently on the market requires the use of a lithium-ion battery, which is known to be potentially deadly.

Many of the risks associated with lithium-ion battery explosions occur due to improper handling of the devices. Because so little information is provided to consumers about proper handling, those responsible for the marketing of the devices may still be liable for any damages as a result of injuries or death.

If you or a loved one has been injured or killed by an exploding e-cigarette, it is important that you consult with a qualified attorney as soon as possible who can give you advice specific to your case. Our team of experienced attorneys is here to help.

If you’ve been injured by someone else’s negligent or intentional act, you have a set amount of time to file a lawsuit seeking a remedy for your injury. This time limit is known as a statute of limitations and it is outlined in Chapter 16 of the Texas Civil Practice & Remedies Code.

The Statute of Limitations is Two Years for Most Claims

In most instances, the statute of limitations for personal injuries is two years from the date of the accident or injury, meaning a lawsuit must be filed no later than two years from that day. Lawsuits filed after this two-year period will be summarily dismissed unless you meet one of the few exceptions to the statute. Missing this statutory deadline means giving up the ability to ever pursue a remedy (also known as damages) for your injury claim.

There Are Very Few Exceptions to the Limitations Period

If you are under a legal disability the statute of limitations is tolled (suspended) until the disability is removed. These legal disabilities include:

• Minor person under the age of 18
  • The statute is tolled until his/her 20th birthday, two years after reaching the age of majority (Weiner v. Watson, 900 S.W.2d 316, 321)

• Persons of “unsound mind” who are “unable to participate in, control, or understand the progression and disposition of a lawsuit.” (Grace v. Colorito, 4 S.W.3d 765, 769)
  • It would have to be proven to the court that a person did not have the “mental capacity” to pursue litigation for a definite period of time.

If you believe you have a personal injury claim it is better to seek out the advice of a qualified personal injury attorney sooner rather than later. A Texas personal injury attorney can help you evaluate your claim’s statute of limitations and take steps to protect your rights.

As a Fort Worth personal injury attorney, I have participated in hundreds of mediations where I represented victims of car accidents, work place negligence, defective products, assault, electrocution, and other manner of claims involving injury or death. In my experience, mediation may be the most effective tool for allowing all parties to best understand all aspects and perspectives about their case—the good, bad, and ugly—and to make an informed decision about whether to settle their case or move forward toward trial.

What is Mediation?

Mediation is a guided negotiation facilitated by a neutral third party, the mediator. As defined by Texas Civil Practice and Remedies Code Section 154.023:

(a) Mediation is a forum in which an impartial person, the mediator, facilitates communication between parties to promote reconciliation, settlement, or understanding among them.

(b) A mediator may not impose his own judgment on the issues for that of the parties.

Unlike a judge or an arbitrator, a mediator does not have the power to decide a case or to enter a judgment or award. Neither can a mediator force the parties to accept a settlement. Rather, the role of the mediator is to help open the lines of communication between the parties in a confidential setting.

What to Expect During a Personal Injury Mediation

Mediations frequently begin with what’s known as a “joint session” or “caucus.” The plaintiff, his or her lawyer, the defense lawyer, the insurance adjuster, and the mediator will gather in a conference room. When meeting the defendant’s representatives, I encourage my clients to shake hands and politely introduce themselves. Once the introductions have been made, the lawyers may put on brief presentations emphasizing what they feel is important about their respective cases. The parties do not put on evidence and the plaintiff will not be asked to testify. The parties will then break off into separate rooms with the defendant’s lawyer and adjuster in one room and the plaintiff and his or her attorney in another.

The mediator then spends time with each group getting to know the case and the parties involved. As a neutral third party with no stake in the outcome of the case, a mediator is in the unique position to offer a new perspective on the case. Good mediators will challenge the parties’ assertions and help them look at the case from different angles.

At some point during the process, the mediator will begin to carry demands and offers from one room to the other. The party to make the first “move” will depend on whether a demand or offer was previously extended. If the plaintiff made a demand to which the defendant never responded, the defendant should make the first move and vice-versa. Each party will respond with a counter-demand or offer of their own until the case either resolves or the parties reach an impasse.

Over the course of the mediation, the mediator will push both sides to consider potential weaknesses in their own cases while acknowledging the potential strengths of their opponents’. With each round of offers and demands, the gap between the parties will, ideally, begin to narrow until the parties are able to come together on a final number to settle the case.

What Happens if My Case Settles at Mediation?

If mediation is successful, the mediator will prepare an agreement for the participants to sign that generally sets forth the basic elements of the parties’ settlement agreement with the understanding that a more detailed and thorough agreement will be prepared by the lawyer for the defendant, subject to modifications made by the plaintiff’s lawyer. However, a mediation agreement is enforceable once signed, and either party to the agreement may require the other parties to be bound by its terms.

The mediation agreement will generally include a time frame for the defendant or its insurer to deliver checks to the plaintiff’s counsel for distribution. It is not uncommon, however, for this process to be delayed in order for the plaintiff’s lawyer to negotiate hospital liens, subrogation interests from health insurers, and outstanding medical bills.

What Happens if My Case Does Not Settle at Mediation?

When the parties are unable to reach an agreement at mediation, the mediator may make what is referred to as a “mediator’s proposal” in which the mediator proposes a settlement amount to each of the parties. The parties are instructed to confirm to the mediator by a certain date whether they accept or reject the proposal. The parties’ decisions to accept or reject are kept confidential and made known only to the mediator. Mediator’s proposals can be an effective tool when more time or settlement authority is needed to bring the case to a close.

Mediators will generally make a proposal only in cases where they feel there is at least some chance that both parties will accept. When the gap between the parties is too wide, a mediator’s proposal is unlikely to work and the parties are free to continue litigating the case or they may choose to continue negotiations with or without the assistance of the mediator. Depending on the case, the parties may choose re-mediate as the case gets closer to trial and fewer unanswered questions remain.

Even when a mediation fails to resolve the parties’ disputes, it has been my experience that almost all mediations are worthwhile experiences. The parties generally walk away from a failed mediation with a better understanding of the main issues in their case and are better able to focus their efforts going forward.