Personal Injury Lawyers

Protect Your Rights

Grossman Law Offices helps people across Texas who have been hurt through no fault of their own. When an injury turns your life upside down, you should not have to battle insurance companies, medical bills, and legal paperwork alone. Our team has decades of experience handling serious personal injury cases, and we treat every client like a real person, not a file. We work on a contingency fee, which means you pay nothing upfront and nothing unless we win. This guide answers the most common questions we hear, in plain English, so you can make smart decisions and protect your case from day one.

UNDERSTAND YOUR RIGHT TO COMPENSATION

How Do I Know If I Have a Personal Injury Case?

You may have a case if someone else’s carelessness caused your injuries. Most personal injury cases are based on negligence, which is a legal word for failing to act safely.

Texas generally requires proving four things: duty, breach, injury, and causation.

• Duty: The other person had a responsibility to act with reasonable care. Drivers must follow traffic laws. Property owners must address known hazards. Employers must follow basic safety rules.
• Breach: They broke that duty through something they did or failed to do. Examples include speeding, ignoring safety steps, or failing to fix a dangerous condition.
• Injury: You must have real harm, which can be physical, financial, or both. Medical treatment, missed work, and out-of-pocket expenses help show this.
• Causation: Their actions must be the main reason you got hurt. This is where medical records, timelines, and sometimes expert opinions matter.

If your situation checks these boxes, your claim is likely worth a closer look. A quick conversation can also help you spot issues that insurance companies use to reduce payouts.

Click here to learn how to tell if you have a personal injury case.

What Are Texas Personal Injury Laws?

Texas personal injury law comes from two main sources.

First, there is case law, which is built from court decisions over time. When courts decide an issue, future courts often use those decisions as a guide. That is why two cases that look similar on the surface can still have different outcomes based on details.

Second, there are statutes, which are written laws passed by lawmakers. Statutes often cover things like deadlines, special rules for certain claims, and limits on certain types of damages.

Most of your rights come from how courts have ruled before. There is no single book that contains every rule that applies to your case. That is why personal injury lawyers must stay current on new court decisions and legal changes.

Click here to read a plain-English breakdown of Texas personal injury laws.

What Steps Should I Take After Being Injured in an Accident in Texas?

The steps you take early can protect both your health and your claim.

• Get medical help right away. Your health comes first. Also, early treatment creates a record linking the injury to the event.
• Call the police when appropriate. A report can help confirm what happened and document key facts.
• Take photos and videos. Capture vehicles, visible injuries, road conditions, hazards, and anything that explains the scene.
• Get witness information. Independent witnesses often make a big difference when fault is disputed.
• Be careful with insurance calls. Insurance companies may ask for statements or broad medical releases. You do not want to hand them information they can twist.
• Talk to a lawyer quickly. Early legal help preserves evidence, prevents missteps, and helps you avoid getting pressured into a low offer.

Click here for a step-by-step list of what to do after an accident in Texas.

QUESTIONS ABOUT FAULT AND PROVING YOUR CASE

How Do I Prove Fault in My Personal Injury Case?

You prove fault by showing the other person was careless and that their carelessness caused your harm. Strong cases are built with clear, practical evidence.

Helpful proof often includes:

• Photos and videos of the scene. Visual evidence can be hard to argue with.
• Witness statements. Witnesses can confirm key details like speed, signals, or unsafe behavior.
• Police reports. Reports often carry weight with adjusters and can guide the early stages of the case.
• Medical records. These records connect your injuries to the accident and help show the seriousness of what happened.
• Other records. Depending on the case, this can include inspection logs, phone records, training records, or surveillance footage.

You do not need criminal charges to prove civil fault. The standard is different. A person can avoid criminal prosecution and still be responsible in a personal injury claim.

Click here for a full explanation of how fault is proven.

Can I Get Paid If My Personal Injury Was Partly My Fault?

Yes. Texas allows recovery even if you share some blame, as long as you are not more than 50 percent at fault.

This is called proportionate responsibility. Your compensation is reduced by your percentage of fault.

For example:

• If you are 20 percent at fault, you lose 20 percent of the value.
• A $100,000 case becomes $80,000 if you are 20 percent responsible.
• If you are 51 percent or more at fault, you cannot recover.

Insurance companies often try to shift blame to you to reduce what they pay. That is why evidence and careful case framing matter.

Click here to learn how shared fault works in Texas.

What Are the Most Common Defenses in Personal Injury Cases?

Defense teams and insurance companies usually focus on one goal: make it look like you failed to prove your case.

Some of the most common defenses include:

• You waited too long. They may claim you missed the two-year deadline or waited so long that the case is unreliable.
• You did not seek care quickly. A delay in treatment can be used to argue you were not really hurt.
• Your injuries came from something else. They may point to a prior condition, an old injury, or another event.
• You did not follow doctor’s orders. They may claim you made your condition worse by skipping treatment or ignoring restrictions.
• Gaps in treatment. Even short breaks can get used as an argument that you were improving or that your symptoms were unrelated.

Knowing these defenses early helps you avoid mistakes that lower the value of your claim.

Click here for a detailed list of common defenses and how they work.

What If I Had a Pre-Existing Condition in My Personal Injury Case?

You can still recover money if the accident made your condition worse. A prior condition does not automatically erase your claim.

The at-fault person does not get a free pass just because you were not “perfect” before the incident. The key is proving aggravation.

In simple terms:

• You can recover for the worsened part.
• You cannot recover for the original baseline problem that existed before.

Medical records and expert opinions can help separate old from new. Being honest with your doctor about your history is also important. Hidden history tends to come out later and can hurt credibility.

Click here to learn how pre-existing conditions affect a claim.

MONEY AND COMPENSATION

What Compensation Is Available in a Personal Injury Case?

Compensation is meant to cover what the injury took from you. In Texas, damages can include both financial losses and human losses that do not show up on a receipt.

Common types of compensation include:

• Medical bills (past and future): ER visits, surgery, therapy, medication, follow-up care, and ongoing treatment.
• Lost wages (past and future): Income you lost while you were unable to work, plus future losses if you cannot return to the same job.
• Pain and suffering: Compensation for physical discomfort and limitations.
• Mental anguish: Anxiety, depression, trauma, and emotional distress tied to the injury.
• Physical impairment: Loss of ability to do daily tasks or enjoy life the way you did before.
• Disfigurement: Scars or permanent visible changes.
• Loss of consortium: Damage to close family relationships in certain circumstances.

The exact mix depends on your facts, your medical course, and the evidence you can show.

Can I Get Money for Lost Wages in My Personal Injury Case?

Yes, you can recover the income you lost because you could not work. This may include:

• Hourly pay or salary
• Overtime and bonuses (when provable)
• Tipped income (when supported by records)
• Self-employed business income (often shown through tax returns, invoices, and business records)

If your injury affects your future, you may also claim:

• Future lost wages if you cannot return to your job
• Loss of earning capacity if you can work but will earn less long term

Pay stubs, tax returns, and employer statements help prove these losses.

Click here to read how lost wages are proven and recovered.

What Are Punitive Damages in a Personal Injury Case?

Punitive damages are extra money meant to punish a wrongdoer and discourage similar behavior. They are not meant to repay your bills.

These damages require proof of gross negligence, which is behavior so extreme it “shocks the senses.” They are rare and usually reserved for severe misconduct.

Examples can include:

• Drunk driving that causes serious harm
• Intentional acts
• Extreme safety violations that show a major disregard for others

Punitive damages exist to send a message and prevent future harm.

Click here to read what punitive damages are and when they apply.

How Do Insurance Companies Decide Personal Injury Settlements?

Insurance adjusters usually start with numbers and then work outward.

They often look at:

• Your medical bills and documented treatment
• Lost wages and time missed from work
• Whether your records show a clear injury timeline
• How clear fault is for the accident
• How persuasive your evidence looks if the case goes to trial

Many insurers use computer programs to estimate settlement ranges. They also compare your claim to similar past claims. They consider what it might cost to defend the case and the risk of a jury verdict.

A strong, well-documented case tends to move settlement value upward because it increases the risk to the insurance company.

Click here to see how insurers evaluate settlements.

THE LEGAL PROCESS

When Should I Get a Lawyer for My Personal Injury Case?

Call a lawyer as soon as you are medically stable. Also, call before you give detailed statements to an insurance company.

Evidence disappears quickly. Witnesses forget details. Video footage gets deleted. Paper trails get harder to track down as time passes.

Insurance adjusters begin building their defense immediately, even while sounding friendly. Early legal help protects your rights from day one and prevents avoidable mistakes.

Click here to read when you should contact a lawyer.

Can I Handle My Personal Injury Case Without a Lawyer?

You can try, but it is risky for anything beyond minor injuries.

Personal injury law mixes old court decisions with written laws. Even experienced lawyers must work constantly to stay current. On top of that, handling a case means mastering investigation steps, evidence rules, deadlines, negotiation strategy, and court procedures.

Doing all of that while you are recovering is unrealistic for most people. Even if you are smart and organized, the other side has trained professionals working to minimize what they pay.

Click here to read about the risks of handling a case alone.

How Long Do I Have to File My Personal Injury Claim?

In most cases, Texas gives you two years from the accident date to file a lawsuit. If you miss the deadline, you may lose your rights forever.

Rare exceptions can apply if you could not reasonably discover your injury right away. Children may have different rules that extend the time.

Even with a two-year window, you should not wait. Evidence fades quickly and delays can weaken the case.

Click here to read about filing deadlines and exceptions.

Do I Have to Go to Court for My Personal Injury Case?

Most cases do not go to trial. Over 90 percent settle through negotiation.

Mediation is common. A neutral mediator helps both sides work toward a settlement. Mediation is not a trial, but it can be a key moment in a case.

Still, you must be ready to go to court if needed. Insurance companies often pay more attention when your case is prepared for trial. Trial readiness changes leverage.

Click here to read about whether you will have to go to court.

What Can I Expect During My Personal Injury Case?

Most cases follow a predictable path.do y

• Your legal team investigates and gathers evidence.
• They handle insurance communications and protect you from pressure.
• If needed, they file a lawsuit to preserve rights and push the process forward.
• Both sides exchange information through discovery, including documents and sworn testimony.
• Many cases go to mediation to attempt settlement.
• If settlement fails, the case may go to trial.

Serious injury cases can take months or even years to resolve. The timeline depends on medical recovery, evidence complexity, and the defense’s posture.

Click here to see a step-by-step overview of what to expect.

Should I Settle or Go to Trial?

Settle if the offer fairly covers all your losses, including medical bills, lost income, and future needs. A fair settlement should reflect the real impact of the injury, not just the early paperwork.

Go to trial if the insurance company refuses to pay fairly. Your lawyer should explain the risks and benefits of both options.

Trials can lead to higher awards, but they can also take longer and carry the risk of getting nothing. The right decision depends on evidence strength, medical proof, and settlement terms.

Click here to read about settling versus going to trial.

INSURANCE COMPANIES

Should I Accept the First Settlement Offer? (H3)

In most cases, no. First offers are often low because insurers hope you will take quick money and move on.

Early offers rarely cover the full picture. They often fail to account for future treatment, long-term limitations, and the real cost of pain and suffering.

It is usually best to wait until you understand the full extent of your injuries. Let your lawyer evaluate whether the offer is fair and whether more evidence is needed to increase value.

Click here to read why first offers are usually not enough.

What Tricks Do Insurance Companies Use to Ruin a Case?

Insurance companies use tactics designed to reduce payouts and shift blame. Common tactics include:

• Asking for recorded statements and trying to twist your words
• Pushing you to settle before you know your full medical outcome
• Looking for gaps in treatment to argue you were not really hurt
• Scanning social media for posts they can use against you
• Blaming you for the accident whenever possible
• Delaying the process to wear you down

Knowing these tactics makes them easier to avoid.

Click here to read about common insurance tricks and how to protect yourself.

What If the Insurance Company Denies My Personal Injury Claim?

A denial is not always the end of the case. Denials can happen for many reasons, including weak early documentation or the insurer hoping you will give up.

A lawyer can respond by:

• Gathering stronger evidence and updated medical support
• Challenging the stated reasons for denial
• Filing a lawsuit if needed to keep the case moving

With proper legal pressure and proof, many denied claims still result in recovery.

Click here to read what a denial means and what happens next.

MISTAKES AND PRACTICAL CONCERNS

What Are the Biggest Mistakes That Can Ruin My Personal Injury Case?

Small decisions can create big problems. Some of the most common mistakes include:

• Posting on social media about activities that appear inconsistent with your injury
• Delaying medical treatment after your accident
• Giving recorded statements without guidance
• Accepting the first settlement offer
• Failing to keep records of expenses and missed work
• Waiting too long to hire legal help

Many of these mistakes are preventable with early guidance and a clear plan.

Click here to read the biggest mistakes that can hurt a claim.

What If My Personal Injury Medical Bills Are Piling Up?

First, do not panic. Medical bills are stressful, but there are often ways to manage them while the case is pending.

Some providers may wait for payment once they understand a claim is active. In some situations, your lawyer can help connect you with doctors who treat on a lien.

A lien means the provider agrees to get paid from your settlement later. That can reduce immediate financial pressure and help you stay consistent with treatment.

Focus on healing first. Also, do not let debt collectors scare you into accepting a low settlement just to stop calls.

Click here to read practical options when medical bills are stacking up.

CONTACT GROSSMAN LAW OFFICES

How Do I Find the Right Attorney for My Personal Injury Case?

Talk to several lawyers before you choose. The right attorney will answer questions clearly and treat you with respect.

Look for someone who:

• Explains their plan for your specific situation
• Communicates in a way you understand
• Makes you feel comfortable asking questions
• Does not pressure you or make vague promises

You want a partner, not someone who treats you like a number.

Grossman Law Offices has helped Texans for decades. We focus on personal injury law and do not dabble in unrelated areas. That focus helps us stay current on legal developments and build strong cases.

If you want straightforward answers with no pressure, we are happy to talk.

Don’t let uncertainty and injustice define your future.

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