The Steps to Filing a Personal Injury Claim in Texas
Getting injured in an accident can be painful, stressful, and confusing—especially when it wasn’t your fault. Whether you were in a car crash, hurt at work, or injured on someone else’s property, you may be able to file a personal injury claim and get compensated for your losses.
If you’re in Texas, especially in Houston, understanding each step in the legal process can help you feel more in control. At McCray Law Firm, we help injury victims take the right steps from day one. Here’s what you need to know.
Step 1: Get Medical Help Right Away
The first thing you should do after an accident is see a doctor. This protects your health and creates a medical record that proves your injuries. If you wait too long, the insurance company may argue that your injuries aren’t serious or weren’t caused by the accident. Even if you feel okay, internal injuries and delayed symptoms are common. Get checked out.
Step 2: Report the Accident
Always report the incident. If it was a car accident, call the police and get a report. If it happened at work, tell your supervisor. If it was a slip and fall or another type of accident, notify the property manager. Reporting the accident builds a record that helps your claim later.
Step 3: Save All Evidence
Take photos of your injuries, the scene of the accident, your car, and anything else that helps show what happened. Keep medical bills, receipts, and notes about how your injury is affecting your life. If there were witnesses, ask for their names and phone numbers. This kind of proof matters.
Step 4: Talk to a Personal Injury Lawyer
This is one of the most important steps. An experienced personal injury lawyer knows how to handle your case, deal with insurance companies, and fight for what you deserve. You don’t have to do this alone. At McCray Law Firm, we handle the legal details so you can focus on healing.
When you work with us, we explain every part of the process and keep you updated. We also work on a contingency fee, meaning you pay nothing unless we win your case.
Step 5: File Your Claim
Once you’re ready, your attorney will file the official personal injury claim. In Texas, you only have two years from the date of the accident to file a lawsuit. If you wait too long, you lose your right to recover money. That’s why it’s important to act fast and speak with a lawyer early.
Step 6: Negotiate or Go to Court
Most injury cases are settled before trial. Your lawyer will negotiate with the insurance company to reach a fair deal. If they refuse to pay what your case is worth, your attorney may recommend going to trial.
At McCray Law Firm, we prepare every case like it’s going to court. That gives us an edge during negotiations and ensures you’re ready if trial becomes necessary. We’ve handled complex injury cases in Texas and know how to build strong arguments for our clients.
After You File: What to Expect
After your claim is filed, the insurance company may respond quickly or take weeks. They might ask for more documents or offer a low settlement. This is where having legal representation makes a huge difference. Your lawyer will handle the communication, fight back against unfair offers, and push for the maximum compensation you’re entitled to.
We’re Here to Help You Every Step of the Way
Filing a personal injury claim doesn’t have to be scary or confusing. With the right guidance, you can take the right steps and avoid common mistakes. If you’ve been hurt in a car accident, truck crash, work incident, or fall, don’t wait to get the help you need.
Contact McCray Law Firm today for a free consultation. We’re based in Houston and serve injury clients all across Texas. Let us fight for your recovery while you focus on getting better.
Frequently Asked Questions
- What if the person who caused my injury doesn’t have insurance?
You may still have options. If you were in a car accident, your own uninsured motorist coverage may help. A personal injury lawyer can review your case and identify other sources of compensation. - Can I file a personal injury claim without a lawyer?
Yes, but it’s not recommended. Insurance companies may offer much less if you’re not represented. An experienced personal injury lawyer can protect your rights and negotiate a better settlement. - Will I have to go to court if I file a claim?
Not always. Most cases settle out of court. But if the insurance company refuses to pay fairly, your lawyer may suggest going to trial. Either way, your attorney prepares you for every step. - How long does it take to resolve a personal injury claim?
Every case is different. Some settle in a few months, while others take longer, especially if a lawsuit is filed. Your attorney can give you a better idea based on your specific situation. - What if I was partly at fault for the accident?
Texas uses comparative fault rules. You can still recover compensation as long as you’re less than 51% at fault, but your amount may be reduced.