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Our Houston personal injury attorneys work on a contingency basis, meaning we get paid only if we win your case in court or successfully settle it. We cover the costs of investigating your case, securing expert testimony, and preparing a solid claim for maximum compensation.

Remain calm and follow these steps:

1. Call 911 and request an ambulance and police. Paramedics will evaluate you for injuries, and the responding officer’s report will be helpful to your insurance claim.
2. Gather evidence at the accident scene. Use your phone to take photos and videos and get contact information from witnesses.
3. Visit Urgent Care or your primary care physician for a thorough examination. Keep a record of all medical bills and doctor’s notes.
4. Schedule a free consultation with a personal injury lawyer in Houston. The sooner you reach out to us, the quicker we can initiate the claims process on your behalf.

Texas sets a two-year statute of limitations for filing a personal injury claim. You have two years from the date of the accident to file your lawsuit.

Exceptions to the rule in Texas

Although the two-year statute of limitations applies in most cases, Texas does have exceptions to this in the following circumstances:

• The plaintiff is a minor or legally disabled (legally of unsound mind)
• You have a first-party auto insurance claim
• You have an “inherently undiscoverable” injury and qualify under The Discovery Rule
• The defendant left Texas before you filed the lawsuit
• The defendant is the State of Texas (or another government entity)
• You have a maritime claim
• Your case involves asbestos or silica-related injuries

Reach out to a Houston personal injury lawyer to learn how much time you have to file a claim.

You have the right to demand full compensation for all your actual losses (economic damages), like:

• Medical bills and prescription medication
• Surgery or a hospital stay
• Rehabilitative therapy, like physical or occupational therapy
• Durable medical devices or modifications to your home or vehicle
• Lost wages if you missed time at work
• Loss of earning potential if your disability precludes you from continuing your career
• Property damage, like a damaged vehicle, smartphone, or lost jewelry

You also deserve compensation for your intangible losses, referred to as non-economic damages. These include consideration of your:

• Pain and suffering from the injuries and healing
• Emotional trauma or mental anguish. It’s not unusual for accident victims to develop depression or situational anxiety
• Loss of companionship or consortium with your spouse
• Loss of guidance for your children
• Scarring or disfigurement

Compensation cannot heal the pain and trauma or any disability you now have, but it can provide the means for you to have a better quality of life after the accident.

You’re going to be working with your lawyer for months or even a year or more, so it’s critical to find one you trust and that you’re compatible with. Many lawyers, like the ones at Havens & Associates, offer a free consultation and case review. You can use this time to talk to the lawyer about:

• Experience with your specific injury
• Successful track record
• Reputation
• Trial experience
• Strong communication skills
• Personal compatibility

The liable party in your personal injury claim depends on what type of case you have. For example, the defendant in your lawsuit could be:

Other drivers

Negligent drivers who cause a wreck or drivers who get behind the wheel after drinking or using drugs can be liable for any harm and damage they cause in a wreck.

Property owners or managers

Property owners have a duty of care to ensure the safety of visitors and guests.

Government entities

You can file a suit against the federal government or the State of Texas if you’re harmed due to toxic contamination, hurt on government property, or otherwise harmed by a government entity.

Doctors or other medical professionals

If you were a victim of medical malpractice or misdiagnosed, you may file a suit against the doctor, healthcare facility, or any medical professional who caused you harm for failing to adhere to the standard duty of care for patients.

Other parties may be liable

This isn’t an exhaustive list. We thoroughly investigate your claim to determine the liable parties.

Liability means proving that the other party was negligent and, therefore, responsible for your injury and financial loss. It’s a four-part legal concept, and each one must be met to prove that the defendant owes you compensation:

• The defendant has a duty of care to ensure your safety or keep you from harm
• Their actions (or inaction) breached this duty of care
• The breach caused your injury
• You suffered financially because of the injury

We gather evidence, use expert witness testimony, and build a strong argument for maximum compensation.

Although the details of your case will be unique, you can expect the process to unfold like so.

1. Contact the defendant(s)

Your lawyer sends a Demand Letter stating the extent of your injuries and losses and outlining how the defendant is responsible.

2. Gather evidence

We build your case with photos, eyewitness testimony, medical records, and other evidence. For example, we may use safety records for a premises liability case or driving records if you’re involved in a crash with a commercial vehicle.

3. Negotiate out of court

Many Houston personal injury cases are settled out of court, often in mediation. Mediation is guided negotiations supervised by a trained mediator. It provides a less formal dispute resolution process than a civil trial and allows you more control over the outcome.

4. Initiate court proceedings

If we cannot reach a fair agreement with the defendant out of court, we take your case to trial. Personal injury lawsuits are litigated in civil court before a judge and jury. Or, if we believe the defendant should be assessed punitive damages, we may recommend taking your case to court. Only a jury can award punitive damages.

A doctor can determine the extent of your injuries and supervise your recovery. There’s another reason besides your health, though. Your medical records link your injuries to the crash, which is how your lawyer proves that the defendant must compensate you. 

Your records also establish the full cost of your care, which your lawyer will ask the defendant to pay for.