It is possible to file a personal injury lawsuit without a lawyer, but the legal process can be complex and confusing. The proceedings involve strict rules and timelines, and missing a filing date, even by one day, could result in losing the opportunity to recover compensation. Additionally, lawsuits can incur numerous expenses. A personal injury law firm may cover the legal costs during the pendency of the lawsuit and only charge a fee and recover the advanced case expenses after securing compensation for the case. If the injuries are serious, it is advisable to consult an attorney.

Hiring an attorney immediately after an injury offers several advantages. Insurance companies may start questioning the incident right away, and their adjusters may appear helpful but could be seeking to damage the case or pay you less than full value to resolve your claims. A personal injury lawyer can handle communication with insurance companies, removing the burden from the injured person. Moreover, having an experienced attorney representing the injured person's best interests can reduce stress and attempt to ensure that harmful information is not imparted to the insurance company or police that could harm your chances of recovering for your medical expenses, potential lost wages, and pain and suffering.

There is no way to know whether you have a potentially valid legal case to recover for personal injuries until you discuss the facts of your potential case with an experienced personal injury attorney. If you're unsure whether you have a valid personal injury claim, it's best to seek legal counsel immediately as soon as possible following the incident that resulted in your injuries. An experienced attorney can investigate the situation and provide advice on whether pursuing a claim is worthwhile based on the laws applicable to your situation. It's a common misconception that accidents are unavoidable. While that may be true in some instances, a thorough investigation by a lawyer is necessary to determine if there is a case to be made. Therefore, contacting an attorney is crucial to fully understand your options.

After a wreck, it's important to prioritize seeking medical attention in order to safeguard your health. Even if you don't feel any symptoms immediately after the wreck, there may be internal or latent injuries that require a doctor’s diagnosis and treatment. It is not uncommon for symptoms of an injury to first manifest themselves hours, days, weeks, or even months after a wreck. (Of course, the longer it takes for a symptom of injury to manifest, the more likely you are to face an argument from the at-fault driver’s insurance company or lawyer that either you really weren’t injured in the wreck or that something else which occurred after the wreck is actually what caused your symptoms of injury to manifest).

In Texas, there's no specific time limit for when you need to see a doctor following a car wreck. However, waiting too long could make it more difficult for insurance companies or factfinders to establish a direct link between your injuries and the wreck. The longer you wait to seek treatment, the more complicated it will be to establish the necessary causation link between the wreck and your injuries if legal action is necessary in the future. To avoid as many complications as possible, it's crucial to get checked out by a medical professional as soon as possible after you believe you have been injured in a car wreck.

If you're in a car wreck in Texas that you think was caused by another driver, as the victim you should file a claim with the other driver's insurance company (or, with your own insurance company if the other driver violated Texas law by not having any liability insurance and you have uninsured motorist coverage as a part of your own insurance policy). Texas is an "at-fault" state, meaning you can only recover damages if you can prove the other driver caused the collision. As an initial matter, the at-fault driver’s insurance adjuster will consider the relevant evidence and may determine that their driver was indeed at fault and therefore decide to “accept liability”. In that event, you will still have to establish the amount of your damages caused by the at-fault driver before the at-fault party’s insurance company will pay you any amounts on your claim without you having to file a lawsuit.

If the at-fault party’s insurance company disputes that their driver was negligent and therefore declines to accept liability, then you will be forced to file a lawsuit to have the issue of the other driver’s liability established by the factfinder in your case which will either be the judge in the case of a non-jury trial or the jury in the case of a jury trial. In a trial, the factfinder will determine the issue of liability based on the factual evidence presented concerning the circumstances of the wreck and the applicable law. Evidence used to determine liability at a trial may include, among other things, police reports, the testimony of any investigating law enforcement officer, photographs or videos of the scene of the wreck, eye-witness testimony, and the testimony of any relevant expert witnesses, such as accident reconstruction experts. An experienced personal injury attorney can assist you in attempting to establish the liability of a third party you believe was responsible for the wreck.

In Texas, you have two years from the date of a car wreck to file a lawsuit seeking to recover for injuries you incurred in the wreck. This is known as a “statute of limitations” and is a legal rule that prevents people from filing a lawsuit after a particular time period has passed. Even if you have a strong case, if you file a lawsuit after the statute of limitations has passed, your claim most likely will be thrown out by the court on the grounds that you did not file your case before the limitations period expired. There are certain kinds of legal cases in which the statute of limitations does not begin to run until after a “latent” injury actually manifests itself, but car wreck cases generally do not fall into that category.

In Texas, you have two years from the date of a car wreck to file a lawsuit seeking to recover for injuries you incurred in the wreck. This is known as a “statute of limitations” and is a legal rule that prevents people from filing a lawsuit after a particular time period has passed. Even if you have a strong case, if you file a lawsuit after the statute of limitations has passed, your claim most likely will be thrown out by the court on the grounds that you did not file your case before the limitations period expired. Therefore, even though you may not know the true magnitude and extent of your injuries until after two years have run from the date of the wreck if you have any belief that you have suffered some injury before the two years are up, you should go ahead and make sure your lawsuit is filed before the two year limitations period expires. In that situation, you may still recover for injuries that you learn the details of after the limitations period expires as long as you assert the claims for potential injuries before the two-year period expires. There are also certain kinds of legal cases in which the statute of limitations does not begin to run until after a “latent” injury actually manifests itself, but car wreck cases generally do not fall into that category.

Texas is what is known as a “comparative fault” state. If you're primarily (meaning more than 50%) at fault for a car wreck in Texas, you can't successfully sue another party for damages. But you may be able to receive compensation from any no-fault insurance coverage you have. If you were 50% or less at fault, then you may still be entitled to compensation from any other driver determined to also be at fault but your compensation will ultimately be reduced based on your degree of fault. The factfinder in a trial will determine the degree of fault for which each party is responsible.

If the at-fault driver does not have automobile liability insurance or the amount of liability insurance they carry is insufficient to compensate you for the injuries caused to you and you carry uninsured/underinsured motorist coverage on your own automobile liability insurance policy, then you may be able to take legal action against your own insurance company to attempt to fully compensate you for your injuries. Some people are averse to the idea of pursuing legal action against their own insurance company because of a fear that doing so will cause their insurance premiums to rise. However, you carry uninsured/underinsured motorist coverage on your policy to account for these very types of situations and if you are not prepared to use it when you need it, there really does not seem to be any reason for you to continue paying the premiums to your insurance company for that coverage.

If the at-fault driver does not have automobile liability insurance and you do not carry uninsured motorist coverage on your own auto liability policy then, unfortunately, your only real option is to hope that the at-fault driver has sufficient assets that would be subject to payment of a potential judgment in your favor for your injuries caused by the at-fault driver.

Yes, if the at-fault driver is driving a vehicle owned by someone else when the driver causes a wreck, in Texas you may be able to pursue legal action against the owner of the vehicle under a legal theory of negligent entrustment. This will require proof, among other things, that the owner entrusted the vehicle to a reckless or incompetent driver whom the owner knew or should have known was a reckless or incompetent driver. Additionally, some states allow “direct actions” against the liability insurance company for the at-fault driver but Texas does not. If the at-fault driver does not have automobile liability insurance or the amount of liability insurance they carry is insufficient to compensate you for the injuries caused to you and you carry uninsured/underinsured motorist coverage on your own automobile liability insurance policy, then you may be able to take legal action against your own insurance company to attempt to fully compensate you for your injuries.

Some people are averse to the idea of pursuing legal action against their own insurance company because of a fear that doing so will cause their insurance premiums to rise, but you carry uninsured/underinsured motorist coverage on your policy to account for these very types of situations and if you are not prepared to use it when you need it, there really does not seem to be any reason for you to continue paying the premiums to your insurance company for that coverage.

If you have health insurance that covers your medical bills, let your health insurance company handle the medical bills. In this situation, your health insurance company might have a right of subrogation to recover any amounts they pay on your behalf for medical treatment of injuries caused by an at-fault third party from the settlement you receive from the at-fault party at the conclusion of your claim. If you don’t have health insurance and you have time to speak with an attorney after the wreck before you obtain medical attention, do so. The lawyer may be able to assist in making arrangements where the medical provider agrees to treat you on a “credit” basis and obtain payment for the medical services from your settlement or judgment at the conclusion of your case.

If you don’t have health insurance and the circumstances are such that you must obtain medical treatment before you have the opportunity to discuss matters with an attorney, by all means, get your medical issues addressed, and then after your initial treatment a lawyer you retain may be able to help you obtain forbearance of paying for those medical services until your case is resolved. The bottom line is that the exact answer to this question will depend on your particular circumstances which you should address with an experienced personal injury attorney as soon as it is reasonably practical to do so.

Unfortunately, the insurance company for the at-fault party will not pay for any financial losses you incur from missing work while your personal injury claim is pending. You will not be compensated for lost wages (actually, in Texas, it’s a measure of “lost earning capacity”) until your case is resolved through either a final settlement and release or payment of a final judgment after a trial on the merits. However, obtaining a final resolution through either settlement or trial isn't always easy and can be time-consuming, especially if there's a dispute over whether the at-fault party was actually negligent and therefore liable for your injuries, or if there’s a dispute over either the scope and nature of your injuries or whether the at-fault party’s alleged negligence actually caused your injuries (which is often a hotly disputed issue).

If you can no longer work due to your injury and your case remains in the pending stage for a prolonged period, you may experience significant stress and despair due to your financial obligations. In such cases, it's essential to consider alternative sources of income to pay for financial responsibilities. Some options include using savings, seeking help from loved ones and/or friends, utilizing long-term or short-term disability insurance obtained through your employer or purchased on your own, an accident policy, or a disability policy. You might also be able to collect “PIP” (personal injury protection) monies on your own auto insurance policy if you carry such coverage but the amounts of that coverage are usually insufficient to help you through an extended period of not having any income due to an injury through your automotive policy.

Yes, if you have health insurance that covers your medical bills, let your health insurance company handle the medical bills. In this situation, your health insurance company might have a right of subrogation to recover any amounts they pay on your behalf for medical treatment of injuries caused by an at-fault third party from the settlement you receive from the at-fault party at the conclusion of your claim.

Generally, the less you say to anyone after a motor vehicle collision before you can speak with a lawyer, the better off you will be. However, if there are witnesses to the collision, you should speak with them to get their names and contact information so you can pass that information on to your attorney if you end up hiring one. The conversations you have with any other persons actually involved in the collision should be limited to obtaining their contact and insurance information. Resist the temptation to engage in a substantive conversation about the details of how the collision occurred or the injuries incurred by anyone. The fact is that in the immediate aftermath of a collision, you may not yet know the extent or severity of any injuries you suffered until you have a chance to visit with a medical professional and a negative answer to a question like “are you hurt” at the scene of a collision can cause unnecessary and avoidable complications for any personal injury claim you might want to bring down the road.

When involved in a car wreck and dealing with insurance companies, it's crucial to limit the information you provide to only what is necessary, such as names, locations, and vehicle details. Avoid discussing your actions prior to the accident or admitting fault, as they may not be relevant. Stick to the facts and remain calm and objective. If asked to record your statement by the insurance company for the at-fault driver, you are under no legal obligation to provide such a recorded statement, and it's best to refuse such a request. If you end up retaining a lawyer then your lawyer can decide when and whether you will give a recorded statement to the insurance company for the at-fault driver.

If your own insurance company asks you to provide them with a recorded statement, you need to give your insurance company your full cooperation due to the existence of a contractual relationship with them, or else you may jeopardize your potential coverage for uninsured/underinsured motorist benefits under your policy. You should avoid discussing the exact nature and assumed extent of your injuries with the insurance adjuster for the at-fault party’s insurer because if those injuries have not yet been fully evaluated and determined by a medical professional, your answers may cause unnecessary and avoidable complications for any legal action you may want to bring against the at-fault party down the road. If your insurance company asks about your injuries, answer the question as best you can with the information currently available to you at the time, but make sure that you also add that your doctor has not yet determined the full extent of your injuries, as long as that is a true statement. Do not share your medical records with any insurance company until you have first consulted with an attorney.

In the long run in most cases you will be best served by retaining counsel and letting your legal counsel handle all discussions or negotiations with the insurance adjuster, whether it’s an adjuster for the at-fault party’s insurer or your own uninsured/underinsured motorist coverage insurer.

Although it is possible to accept an insurance company's settlement offer without the assistance of a lawyer, it is not advisable. Insurance companies do not have your best interests at heart and will do whatever it takes to pay you the minimum amount possible. Remember, insurance companies are in the business of making money for their shareholders and they will do whatever they have to do to pay you the least amount possible so they can save money for their shareholders. If the insurance company senses that it can take advantage of you by offering a low settlement, it will do so. It may be tempting to accept a quick settlement without any hassle, but it is better to consult with a lawyer to explore your legal options.

An ethical and honest lawyer will tell you whether or not the lawyer thinks the offer you have received from the insurance company should be accepted without the lawyer’s involvement or whether the lawyer believes you could do better by retaining the services of a lawyer. You could potentially receive a significantly higher settlement amount after retaining a lawyer than what is offered to you without the services of a lawyer. But that is a question you won’t be able to potentially answer until after consulting with a lawyer to discuss your options.