Houston Personal Injury Lawyers With Over $1 Billion Recovered

The steps you take right after an accident can have a major impact on your ability to recover compensation later. If you're able to do so, here's what to focus on:

1. Get medical attention. Even if you feel fine, some injuries don't show symptoms right away. Seeing a doctor also creates a medical record tying your injuries to the accident.
2. Document the scene. Photos of the vehicles, injuries, road conditions, or hazardous property conditions can become critical evidence later.
3. Get contact and insurance information. This includes the other party's information, as well as contact details for any witnesses.
4. Avoid giving a recorded statement to an insurance company. Don't say anything before speaking with an attorney. Insurance adjusters are trained to ask questions that can be used to minimize your claim.
5. Keep records of everything. Save medical bills, repair estimates, lost wage documentation, and any correspondence with insurance companies.
6. Talk to a personal injury attorney. Before accepting a settlement offer, talk to a lawyer. Insurance companies often make early offers that are far less than what a claim is actually worth.

Don't wait too long to take action. In most cases, Texas Civil Practice and Remedies Code § 16.003 gives injury victims two years to file a personal injury lawsuit, although exceptions can shorten or extend the deadline depending on the claim. Missing the applicable deadline can mean losing the right to recover compensation.

If you were injured in an accident caused by the negligence of another, you deserve compensation. When dealing with the insurance company, there are certain steps that must be followed to get the best possible outcome.

1. Contacting an attorney. An experienced lawyer can review the details of your case and go over your legal options. You can also get answers to any questions you have.
2. Investigating your accident. Your attorney's legal team gathers evidence, carefully reviews documentation, and interviews witnesses. This helps them get the facts needed to build a strong case.
3. Determining your damages. In general, you can seek compensation for medical expenses related to your injuries and lost wages if you couldn't work. You may also be able to seek compensation for other damages, such as pain and suffering.
4. Negotiating a settlement. A lawyer can negotiate with the insurance company to reach a settlement that meets your needs. Most personal injury claims are resolved this way.
5. Filing a lawsuit, if needed. If you can't reach an agreement with the insurance company, you can take them to court. Insurance companies will sometimes reopen negotiations to avoid a trial.

Personal injury claims are part of tort law. If you've been physically injured because of someone else's negligence, carelessness, recklessness, or intentional conduct, you may have the right to pursue compensation from the responsible party.

For a negligence-based personal injury claim, you generally must establish that the at-fault party owed you a duty of care, breached that duty, and caused injuries and damages as a result.

Personal injury claims can arise from car, truck, motorcycle, pedestrian, or bicycle crashes; unsafe property conditions; dog attacks; workplace or industrial incidents; defective products; and many other forms of negligence.

Yes, but it might not be as bad as you think. Texas follows a modified comparative fault rule under Texas Civil Practice and Remedies Code § 33.001 (sometimes called the 51% bar rule). If you were partially responsible for causing your accident, your compensation is reduced by your percentage of fault, but you can still recover damages as long as you are found less than 51% at fault. If you are found 51% or more responsible, Texas law bars you from recovering damages.

For example, if a jury values your total damages at $100,000 and finds you 20% responsible for the accident, your recoverable damages would be reduced by 20% to $80,000.

Insurance companies often do the opposite. They often try to shift more blame onto the injured party to reduce or deny a payout. An experienced attorney can push back on unfair fault determinations and make sure the evidence accurately reflects what happened.

Texas generally requires drivers to maintain financial responsibility, most commonly through auto liability insurance. The Texas Department of Insurance states that minimum liability coverage is $30,000 for injuries to one person, $60,000 per accident, and $25,000 for property damage (30/60/25). Those limits can be far below the losses caused by a serious injury, and some drivers still operate without coverage. If the at-fault driver is uninsured or underinsured, you may be able to recover through your own UM/UIM coverage if you have it.

Texas insurers must offer uninsured/underinsured motorist coverage, and a policyholder who does not want it must reject it in writing. A UM/UIM claim is made under your own policy, but that does not make the process automatic. Your insurer can still dispute fault, damages, coverage, or the value of the claim. Smith & Hassler also explains the available options in more detail in its article on uninsured and underinsured driver claims.

If you or a loved one's been injured due to negligence, you should strongly consider talking to an attorney to discuss your legal options. Common scenarios that might require the help of a lawyer include:

1. Someone's negligence caused you to sustain a serious injury.
2. You sustained a debilitating or permanent injury in an accident that wasn't your fault.
3. You need help investigating your accident and proving fault.
4. You're not sure what you're entitled to recover in compensation for your damages.
5. You need someone to negotiate with the insurance company on your behalf.
6. You're not sure if the insurance company's settlement offer is fair.
7. The insurance company is challenging or has denied your claim.
8. You want to pursue a lawsuit to recover damages from the at-fault party.
9. Your loved one died due to negligence and you want to pursue a wrongful death lawsuit.

Another reason to hire an attorney is if you came in contact with a toxic substance and developed a serious illness or condition.

Most people who've been injured worry that they can't afford an attorney — but at Smith & Hassler, you don't pay anything upfront. We handle personal injury cases on a contingency fee basis, which means our fee comes out of your settlement or court award, not your pocket. If we don't win your case, you owe us nothing for our legal services.

This arrangement lets injured Houstonians hire experienced legal representation regardless of their financial situation. It also means your attorney is motivated to fight for the maximum recovery — our fee is tied directly to your result. During your free consultation, we'll walk you through exactly how our fee structure works before you decide anything.