If you’ve been injured in a car crash, truck collision, motorcycle wreck, or any serious accident caused by someone else’s negligence, you have the right to pursue compensation under Texas law. But the legal process can be confusing and overwhelming—especially while you're trying to recover physically and emotionally. That’s why understanding your rights after an accident is critical to protecting your health, your financial future, and your legal claim.
This guide covers what damages you can recover, how the personal injury claims process works, and why having an experienced Texas injury lawyer—like Francis Injury—can make all the difference.
What Compensation Can You Recover After an Accident?
A serious accident can disrupt every part of your life—from your physical health to your ability to work and take care of your family. Fortunately, Texas personal injury law allows you to pursue compensation (also known as “damages”) to help you recover what you’ve lost.
The types of damages available typically fall into two categories: economic damages (financial losses) and non-economic damages (the pain, stress, and emotional toll).
Economic Damages
- Medical expenses: Hospital bills, doctor visits, emergency care, surgeries, rehabilitation, medication, and future medical needs
- Lost wages: Time missed from work and any reduced future earning capacity
- Property damage: The cost to repair or replace your vehicle or other personal property
- Out-of-pocket costs: Transportation to appointments, in-home care, assistive devices, etc.
Non-Economic Damages
- Pain and suffering: Physical discomfort, chronic pain, and long-term limitations
- Emotional distress: Anxiety, depression, PTSD, and loss of sleep
- Loss of enjoyment of life: Inability to participate in hobbies or family activities
- Scarring or disfigurement: Permanent visible injuries that impact your self-esteem or lifestyle
- Loss of consortium: If your injuries affect your relationship with your spouse or partner
Depending on the facts of your case, you may also qualify for pain and suffering damages, or even punitive damages in extreme cases involving gross negligence or reckless conduct.
How the Personal Injury Claims Process Works in Texas
Filing a claim after an accident involves more than just submitting a form—it requires proving fault, gathering evidence, and negotiating with powerful insurance companies. Here’s what to expect if you’re pursuing compensation for injuries after a car crash or other accident in Texas.
1. Establishing Liability
Your case begins by proving that someone else was legally responsible for your injuries. This is done by showing that they acted negligently—meaning they failed to use reasonable care. For example, a distracted driver who rear-ends your car may be found liable for breaching their duty to drive safely.
2. Collecting Evidence
Gathering strong evidence is essential to building a solid claim. This may include:
- Police reports
- Photos or video from the scene
- Witness statements
- Medical records and diagnoses
- Surveillance or dash cam footage (if available)
Your lawyer will also ensure that time-sensitive evidence—like black box data in a truck crash—is preserved before it disappears.
3. Filing the Claim
You or your attorney will file a formal claim with the at-fault party’s insurance company. If the case involves a government entity (like a city-owned bus), strict deadlines apply—sometimes as short as 180 days. In standard injury claims, you typically have two years under the Texas statute of limitations.
4. Negotiating a Settlement
Most personal injury claims are settled out of court. Your attorney will negotiate with the insurance company to secure a fair payout based on your injuries, losses, and legal leverage. Be aware: insurance adjusters are trained to offer as little as possible.
That’s why having a skilled trial lawyer—like Michael Francis—is key to maximizing your compensation.
5. Going to Trial (If Needed)
If the insurance company refuses to settle fairly, your case may proceed to trial. There, your legal team will present evidence, call witnesses, and argue your case before a jury. If successful, you’ll receive a verdict that includes compensation for your losses.
Learn more about what happens if your case goes to court.
Why You Should Hire a Personal Injury Lawyer After an Accident
After an accident, you might be tempted to handle your claim alone—especially if the other driver’s insurance company reaches out quickly. But make no mistake: insurers are not on your side. Their goal is to pay out as little as possible, even if you’re seriously hurt.
Having an experienced personal injury lawyer protects your rights and gives you a powerful advocate throughout the process. From collecting evidence to negotiating with insurers and presenting your case in court, your attorney takes on the legal battle while you focus on recovery.
Here’s How a Lawyer Helps You:
- Investigates the accident: Gathers and preserves crucial evidence to prove fault
- Values your case: Calculates full damages, including pain and suffering, future medical costs, and loss of enjoyment of life
- Handles communication: Deals with insurance adjusters, medical providers, and opposing counsel so you don’t have to
- Negotiates for maximum compensation: Leverages experience with past cases to push for a full, fair settlement
- Prepares for trial: Builds a strong case for court if the insurer won’t pay what you deserve
Most importantly, your lawyer knows how to protect you from being taken advantage of by insurers who pressure injured victims to settle too quickly—or for too little. At Francis Injury, we’ve seen firsthand how much of a difference skilled legal representation makes.
Frequently Asked Questions After a Car Accident
Still unsure about your legal options after an accident in Texas? Here are answers to common questions we receive from injured clients:
What should I do immediately after an accident?
Call 911, seek medical attention, and document the scene with photos and witness info. Avoid making statements to the other driver's insurance company before speaking with an attorney.
Can I recover compensation if I was partially at fault?
Yes. Under Texas's modified comparative negligence law, you can still recover damages if you're less than 51% at fault. However, your compensation will be reduced based on your percentage of fault.
How long do I have to file a personal injury claim in Texas?
In most cases, you have two years from the date of the accident to file a claim. Exceptions apply, especially if a government entity is involved. Don’t delay—missing the deadline could bar your right to recover.
What damages can I recover?
You may be eligible for compensation for medical expenses, lost wages, future care, pain and suffering, emotional distress, property damage, and more. Learn more in our section on types of damages.
Do I need a lawyer to file a claim?
Legally, no—but it's highly recommended. Insurers often undervalue claims and pressure victims into lowball settlements. A qualified injury lawyer can protect your rights and fight for full compensation.