Personal Injury

Why file for personal injury?

By Ted Smith, Attorney · Originally published January 8, 2020. Updated July 22, 2026.

After an accident, life is often not the same, even when the injuries eventually heal. Medical bills, missed work, rental cars, and deductibles pile up fast, and none of that accounts for the toll an injury takes on your daily life. You can file a personal injury claim on your own. Most people should not try to do it alone.

Insurance Companies Are Not on Your Side

Insurance adjusters evaluate what their company owes under the policy and the facts of the claim. Clear documentation connecting an injury and the claimed losses to the accident can help support a claim. A claim may resolve through settlement, or it may proceed to litigation if the parties do not agree.

What You Can Claim Under Texas Law

Texas personal injury law allows recovery for several categories of harm, not just medical bills. Depending on the facts of your case, that can include physical pain, mental anguish, disfigurement, physical impairment, medical expenses, and loss of earning capacity. Each category needs its own supporting proof. A claim that only submits a stack of medical bills, without documentation tying those bills to lost wages or ongoing impairment, is likely to be undervalued.

Follow the Treatment Plan You Receive

Seek care when symptoms warrant it, follow the treating provider’s instructions, and keep an accurate record of appointments and restrictions. Gaps in the medical record can make it harder to show how an injury developed or which treatment was related to the accident. Medical decisions should be made with a qualified provider, not for the purpose of increasing a claim.

Be Careful With Recorded Statements

An adjuster may ask for a recorded statement, sometimes from your own insurer as well as the other driver’s. The statement becomes part of the claim record and may affect how the insurer evaluates fault and damages. Review your policy obligations and understand what you are agreeing to before giving a statement or signing a release.

Document Everything, Not Just Medical Bills

Insurance adjusters expect claims to be backed by more than a stack of receipts. Keep a written log of missed workdays, medications, and how the injury affects ordinary tasks like driving, childcare, or physical work. If your job requires a fitness standard, note anything your doctor restricts you from doing and for how long. This kind of contemporaneous record is harder to challenge than a memory reconstructed months later, and it directly supports categories like loss of earning capacity or physical impairment that adjusters otherwise tend to undervalue.

Know the Filing Deadline

Texas law generally gives injury victims two years after a claim accrues to file a personal injury lawsuit, subject to exceptions under the Texas Civil Practice and Remedies Code. The statute governs filing suit, not settlement. Knowing your own filing deadline helps prevent negotiations from continuing past it.

Why Work With an Attorney

Most personal injury firms, including ours, work on contingency, meaning you owe nothing upfront and the attorney is paid only if you recover. That structure lines up the attorney’s incentive with yours: pursue the fullest value the claim supports. An attorney who regularly deals with adjusters also knows which statements, records, or gaps in treatment tend to get used against a claimant, and works to keep those out of the picture. Led by Ted Smith, a former Army JAG officer who served at Fort Hood, our personal injury team has represented Central Texas families, including many Fort Hood (formerly Fort Cavazos) military families, since 1976.

FAQ

Do I have to file a lawsuit to get compensated? No. Some personal injury claims settle through negotiation, while others proceed to litigation and may be decided by a judge or jury.

How long do I have to file a personal injury claim in Texas? Texas law generally allows two years after a claim accrues to file a personal injury lawsuit, subject to exceptions under the Texas Civil Practice and Remedies Code. Do not wait to confirm the deadline that applies to your case.

What if the insurance company already made me an offer? You are not required to accept it. Early offers are often lower than what a fully documented claim supports, especially before treatment is complete.

Will hiring an attorney slow down my claim? Not typically. An attorney handling documentation and adjuster communication from the start usually moves a claim forward faster than trying to manage it alone while also recovering.

What if my injury does not show up until days after the accident? This is common, especially with soft-tissue and whiplash-type injuries. Seek medical care as soon as symptoms appear and tell the provider the injury followed the accident, so the connection is documented in your medical record rather than left for an adjuster to question later.

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Call (254) 690-5688 for a free consultation about your personal injury claim.