5 Things to Know Before Filing a Personal Injury Claim

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If you have been injured because of someone else’s negligence, you may have a right to compensation. But personal injury law has rules, deadlines, and traps that can eliminate a valid claim before it ever reaches a courtroom. Knowing what to expect before you act is one of the most important things you can do to protect your rights.

Here are five things every potential plaintiff should understand before filing a personal injury claim in Texas.

1. The Clock Is Already Running

Texas has a two-year statute of limitations for most personal injury claims. That means you have two years from the date of the injury to file a lawsuit. If you miss that deadline, your claim is almost certainly gone forever, regardless of how strong it is.

Two years sounds like a long time, but it disappears faster than most people expect. Medical treatment takes time. Recovery takes time. And building a strong case takes time, including gathering records, identifying witnesses, retaining experts, and conducting investigation. Starting the legal process early gives your attorney the space to do that work properly.

There are limited exceptions to the two-year rule. Claims against government entities have much shorter notice deadlines, sometimes as short as six months. Claims involving minors or individuals under a disability may have extended timeframes. If you are unsure whether an exception applies to your situation, the safest course is to consult an attorney as soon as possible.

2. Evidence Disappears Quickly

The evidence that supports your claim begins to deteriorate the moment the incident occurs. Surveillance footage is overwritten. Witnesses forget details. Physical evidence is cleaned up, repaired, or discarded. The at-fault party may take steps to document the scene in ways that favor their position before you have a chance to respond.

Preserving evidence is one of the most time-sensitive tasks in a personal injury case. This means photographing the scene and your injuries as soon as possible, collecting names and contact information for any witnesses, keeping every medical record related to your treatment, saving any communications with the other party or their insurer, and retaining any physical evidence, including damaged clothing or property.

If your injury occurred on someone’s property or involved a vehicle or equipment, your attorney can send a preservation letter demanding that relevant evidence be retained. This step matters because destroying evidence after receiving a preservation demand can have serious legal consequences for the other side.

3. What You Say to the Insurance Company Can Hurt You

After an injury, you will likely hear from the at-fault party’s insurance company quickly. Adjusters are trained to be friendly and efficient. They may ask to record a statement, offer a fast settlement, or ask seemingly routine questions about your injuries and how the accident occurred.

Their job is to minimize what their company pays. A recorded statement can be used to find inconsistencies in your account. An early settlement offer, often made before the full extent of your injuries is known, may be far less than what you are actually owed. Agreeing to a release before you understand the scope of your damages can permanently bar you from seeking more compensation later.

You are not required to give a recorded statement to the other party’s insurer. You are not required to accept a settlement offer. Before you speak with any insurance adjuster about the substance of your claim, consider consulting with an attorney about what to say and what not to say.

4. Texas Uses a Modified Comparative Fault Rule

In Texas, your compensation can be reduced or eliminated based on your share of responsibility for the accident. Under the modified comparative fault rule, if you are found to be 51 percent or more at fault, you cannot recover anything. If you are found to be less than 51 percent at fault, your recovery is reduced by your percentage of fault.

This means the other side has an incentive to argue that you were partially at fault, even when the evidence does not clearly support that position. How the facts are framed, and how quickly you act to preserve your version of them, can significantly affect how fault is allocated. An attorney with experience in personal injury litigation understands these dynamics and can help position your case effectively.

5. Not All Damages Are Obvious at First

The full value of a personal injury claim is often not apparent in the days immediately following an injury. Some injuries worsen over time. Some require ongoing treatment, physical therapy, or future surgeries that cannot be predicted immediately. Some injuries affect your ability to work, either temporarily or permanently, creating income losses that continue long after the incident.

Accepting a settlement before your medical condition has stabilized, a point doctors call maximum medical improvement, means you may be settling for less than your claim is worth. A complete picture of your damages includes current medical bills, future medical costs, lost wages, loss of future earning capacity, pain and suffering, and in some cases, loss of enjoyment of life.

An attorney can help you identify and document all of the damages you may be entitled to, not just the ones that are immediately apparent.