How Personal Injury Claims Work in Texas

An injury can change everything in an instant. Routine tasks feel heavier, bills mount quickly, and families face uncertainty about the future. Many people ask the same question: what can be done when someone else’s careless or reckless conduct caused the harm? Knowing how personal injury claims work in Texas is a decisive first step. These claims provide a way to recover the financial costs of treatment, lost income, and compensation for pain and disruption to everyday life. At Anderson, Cummings & Drawhorn, we make this process clear and manageable, guiding injury victims through every stage.

Understanding Personal Injury Claims

A personal injury claim is the legal process of pursuing compensation for losses caused by another party’s negligence or intentional conduct. These losses may include medical expenses, lost wages, and an accident’s physical or emotional impact. The process usually starts with notifying the insurance company and collecting evidence showing fault and the extent of harm. When negotiations do not result in a fair settlement, the next step is often filing a lawsuit to seek recovery through the court system.

Establishing Liability

Proving liability is often the most complex part of a personal injury claim. Texas law requires clearly demonstrating several elements before responsibility can be assigned.

• Duty of Care: The first step is to show that the defendant had a legal obligation to act in a way that avoided unreasonable risk of harm. Drivers, for instance, have a duty to obey traffic laws, and property owners must keep their premises reasonably safe for visitors.
• Breach of Duty: The injured party must demonstrate that a duty was violated once a duty is established. A breach can involve careless acts like speeding through a red light or failing to clean up a dangerous spill in a store aisle.
• Causation: Proving negligence is not enough on its own. The breach of duty must be directly connected to the injuries suffered. This requires showing that the accident would not have occurred “but for” the other party’s conduct, and that the harm was a foreseeable result of that conduct.

Texas law applies the principle of proportionate responsibility. Under Section 33.001 of the Texas Civil Practice and Remedies Code, a claimant may not recover damages if their responsibility percentage exceeds 50 percent. This rule means that injured parties found to be more than half at fault for an accident are barred from receiving compensation.

Calculating Damages in a Claim

Determining compensation in personal injury cases involves more than adding up medical bills. Courts and insurers look at both tangible and intangible losses to arrive at a fair value.

Economic Damages

These are measurable costs such as hospital stays, surgeries, prescription medications, rehabilitation, lost wages, diminished earning capacity, and property damage. Because these losses have clear documentation, they often form the baseline of a claim.

Non-Economic Damages

Some harms cannot be captured on receipts. Pain and suffering, anxiety, depression, loss of companionship, and reduced enjoyment of life fall into this category. Although harder to calculate, these damages are often the most significant to an injured person’s quality of life.

Punitive Damages

Reserved for cases involving gross negligence or willful misconduct, punitive damages serve as punishment and deterrence. The Texas Civil Practice and Remedies Code (CPRC) Chapter 41 limits the amount that may be awarded, but it remains a critical factor in the most serious cases.

Steps In The Personal Injury Claim Process

Although every case is unique, most follow a series of stages:

1. Initial Consultation and Case Review: We evaluate the facts, gather documentation, and determine legal options.
2. Investigation: Evidence such as medical records, photographs, witness statements, and accident reports is collected.
3. Demand Package: A formal demand outlines the injuries sustained, the costs incurred, and the compensation sought.
4. Negotiation with Insurers: Insurance companies often push for quick settlements, but we focus on fair offers that reflect the full scope of damages.
5. Filing Suit: If negotiations stall, we prepare and file a lawsuit in the appropriate Texas court.
6. Discovery and Pretrial Motions: Both sides exchange information, depose witnesses, and narrow the issues before trial.

This structured approach ensures that clients stay informed and prepared, whether their claims resolve in settlement or move to litigation.

When a Lawsuit Becomes Necessary

While many personal injury matters settle outside the courtroom, sometimes filing a lawsuit is the only way to secure a fair result. Insurers may dispute liability, undervalue damages, or delay negotiations. In those circumstances, litigation becomes the tool to compel accountability. Our firm prepares each claim as though a trial will occur, ensuring we are positioned for the strongest possible outcome.

Settlement vs. Court Judgment

Settlements offer faster resolution, reduced costs, and certainty. However, court judgments—though less predictable—can secure larger awards when the evidence strongly supports the claim. Clients often ask which route is best. The answer depends on the facts, the damages, and the willingness of the other party to negotiate in good faith. We help weigh the risks and benefits, prioritizing our client’s long-term needs.

Contact Board Certified Personal Injury Trial Lawyers

Don’t face big insurance companies alone. Our award-winning lawyers have recovered over $100 million for clients just like you. We’re ready to put our 50+ years of combined experience to work, fighting for the compensation you deserve.

Free case consultation call us at (817) 920-9000

Important Considerations in Texas Claims

Several Texas-specific rules affect outcomes:

• Comparative Negligence: As outlined in the Texas Civil Practice and Remedies Code (CPRC) §33, compensation may be reduced if the injured person shares fault.
• Limits on Damages: Under CPRC §41, punitive damages are capped in most situations, though exceptions apply in severe misconduct cases.
• Statute of Limitations: Generally, an injured party has two years from the accident date to file a lawsuit. 

These statutes make timing and legal strategy vital. According to the Texas Legislature’s official statutes database, the exact rules governing negligence apportionment and damage limits are codified in state law and should be reviewed carefully.

How Anderson, Cummings & Drawhorn Can Help Texas Injury Victims

At Anderson, Cummings & Drawhorn, we know that dealing with injuries, medical appointments, and financial strain can overwhelm any family. If you were injured in Texas and need clear guidance on how personal injury claims work, contact us for immediate support. Call 817-920-9000 or complete our free online case review form.

Meet John Cummings

As a Fort Worth native and a double-Board Certified trial lawyer, John Cummings is dedicated to fighting for the rights of the injured. With a track record that includes record-setting verdicts and multi-million dollar settlements, he is an aggressive advocate who isn’t afraid to take on tough cases.

• Named a Top Personal Injury Lawyer by Fort Worth, Texas magazine.
• Recognized as a Texas Super Lawyer since 2003.
• Holds two Board Certifications in Personal Injury Trial Law and Civil Trial Law.

Free case consultation call us at (817) 920-9000