Personal Injury Lawyer Houston

How do I sue for personal injury in Texas?

Your personal injury lawyer should take care of almost everything when suing for personal injury in Texas. While there are a lot of tiny steps involved in suing for personal injury, the process involves, at minimum, the following:

1. Gather what evidence you have. Documentation like medical records, witness statements, and photos of the accident scene can provide crucial evidence for your personal injury attorney.
2. Contact a Houston personal injury lawyer you trust. An experienced lawyer can help you evaluate your case, file all of the necessary paperwork, and guide you through the legal process.
3. File the lawsuit. Once your case is thoroughly prepared, your lawyer will file a lawsuit on your behalf in the appropriate court.
4. Settle or go to court. Many cases are resolved through settlement negotiations with insurance companies, but if they refuse to give you a fair deal, a trial may be a necessary final step. 

Although the personal injury claim process can take a while, moving quickly to get started can help make sure your rights are protected and give your case the best chance of success.

What to do after an accident in Texas

Wondering what to do immediately after an accident? While things may be chaotic, what you need to do is simple:

1. Get medical attention immediately
   Seek medical care even if symptoms seem minor. Adrenaline can mask serious injuries that may not appear for hours or days.

2. Report the incident
   File reports with the appropriate authorities — police for car accidents, your employer for workplace injuries, or property owners for slip and falls.

3. Gather evidence
   Take photos of the scene, collect contact information from witnesses, and document everything you can about the accident.

4. Don't speak to insurance companies
   Politely decline to give recorded statements or accept settlement offers until you've spoken with an attorney.

5. Contact a Houston personal injury attorney
   Call Calderon Law Firm immediately at (346) 999-5673. We provide free consultations in English and Spanish to help you understand your rights and options.

How long do you have to file a personal injury claim?

The statute of limitations for personal injury cases in Texas is generally two years from the date of the accident that caused your injuries. Miss this deadline, and you could lose your right to seek compensation entirely.

There are also some exceptions to be aware of. 

• Claims against government entities often have much shorter deadlines — sometimes as little as six months. 

• Medical malpractice cases may have different timelines depending on when you discovered the injury. 

• For wrongful death cases, the clock typically starts ticking from the date of death, not the original accident.

The bottom line is simple: don't wait. Evidence disappears, witnesses' memories fade, and every day you delay makes building a strong case harder for your attorney. Contact a personal injury lawyer as soon as possible after your accident to protect your rights and give yourself the best chance at fair compensation.

How to find the best personal injury lawyers in Houston

If you’re searching for the best personal injury lawyer in Houston, what you’re really looking for is the best Houston personal injury lawyer for your case. A few ways to tell if you and your attorney will be aligned include:

• Look for experience in your case type. If you were in a car wreck, make sure they have experience handling car accident cases, and the same goes for work injuries, industrial accidents, or whatever type of accident you were injured in. 
• Check out client testimonials and reviews. The way that people speak about an attorney after their case has been resolved can tell you a lot about how a law firm operates. 
• Check their credentials. Check for Super Lawyers, Top 40 Under 40, or any other accolades you see on their site. While these don’t guarantee that you’re hiring the right attorney, they can help you look in the right direction. 
• Get them on the phone. When you contact these lawyers, how do they make you feel? Do you feel taken care of by the case managers, or are you being bounced around between robots and menus?

It’s important that your personal injury lawyer takes care of your case, but it’s equally important that you feel cared for from the moment they pick up the phone. 

Why should I bring my personal injury case to Calderon?

As we just discussed, picking the right law firm to handle your case is critical to getting the settlement you deserve and beginning the recovery process. We know how confusing the aftermath of an accident can be and how many options for attorneys you have, but Calderon Law Firm is ready to guide you through the difficult road ahead. 

Calderon Law Firm proudly offers all of our clients:

Quality of Care Clients of Calderon Law Firm get the highest quality care from the moment they hire us. From case managers to medical providers, everyone involved in your case through Calderon has the knowledge and experience to deliver the best.	Unbeatable Results If Calderon Law Firm takes your case, it's because we can help you. With us, it’s not a numbers game; we’re in the business of getting every client the best results possible.
Transparency You Can Trust We tell you the truth about the current status of your case and what you can expect from us next. With Calderon Law Firm, what you see is exactly what you get, so you don’t have to worry about surprises.	Passion Meets Profession At Calderon Law Firm, what matters is whether you walk away feeling cared for after your case is over. Taking care of your case might be our job, but looking out for our community is our passion.

In addition, when you choose Calderon Law Firm for your case, you get:

• Proven track record and fast case resolution
  Jose Calderon closes cases faster than most attorneys, getting you the compensation you need without unnecessary delays. Our efficient approach means you can focus on healing while we handle the legal battle.

• Bilingual legal support
  Our team provides full legal services in both English and Spanish, ensuring clear communication throughout your case. Entendemos tu situación y estamos aquí para ayudarte.

• Trial-ready experience
  While most cases settle, Jose Calderon is always prepared to take your case to trial if necessary. Insurance companies know this and respect our reputation in the courtroom.

• Immediate medical care access
  We connect you with our trusted network of medical providers so you can start treatment immediately, even while your case is pending.

Contact Calderon and put your mind at ease; if we tell you we want to take your case, it’s because we believe we can get you justice. 

Common causes for personal injury claims

Personal injury accidents happen in countless ways, but some scenarios occur more frequently than others in Houston. Understanding these common causes can help you recognize when you might have a valid claim and need legal representation.

• Motor vehicle accidents are the leading cause of personal injury claims. Whether you've been in a fender-bender or were hit by a truck, vehicle collisions can result in devastating injuries and complex insurance battles. Rideshare accidents* also present their own unique challenges due to complicated insurance coverage scenarios.

• Workplace injuries are another major category, ranging from construction site accidents to repetitive stress injuries in otherwise safe environments. These cases often involve workers' compensation claims but may also include third-party liability issues.

• Slip and fall accidents occur frequently on poorly maintained premises, from grocery stores with wet floors to apartment complexes with inadequate lighting. Property owners have a duty to maintain safe conditions for visitors.

• Medical malpractice cases arise when healthcare providers fail to meet the standard of care, resulting in patient harm. These complex cases require extensive medical expertise to pursue successfully.

• Defective product injuries can occur when manufacturers release dangerous or faulty products into the market, from defective car parts to unsafe consumer goods.

*Continue reading: What to do if your Uber crashes

Types of personal injury cases we take

The team at Calderon Law Firm is equipped to handle a wide variety of personal injury cases. If you’ve been injured in any of the following types of accidents, we’re prepared to defend your rights and are confident about our results:

Motor vehicle accident claims:

• Car accidents

• Motorcycle accidents

• Uber and Lyft accidents

• Bicycle accidents

• Truck accidents and commercial accidents

• Bus accidents

• Boating accidents

• Pedestrian accidents

• Drunk driving accidents

Personal injury claims:

• Work injuries

• Construction accidents

• Offshore injuries

• Plant and refinery explosions

• Dog bite injuries

• Defective products cases

• Slip and fall accidents

• Medical malpractice

• Wrongful death claims

• Catastrophic injuries

• Brain injuries

• Burn injuries

• And more

If you don’t see your exact case here, don’t worry; we may still be able to help you. Give our offices a call and tell us about your case. Our team is ready to help you get the legal help and support you deserve.

What types of damages can I sue for?

Pain and suffering damages are not the only ones on the table after an injury. While the types of damages that you can seek in personal injury cases are pretty extensive, they generally fall into these three categories:

• Economic damages can include past and future medical bills, lost wages, and property damage directly resulting from the accident. 
• Noneconomic damages cast a wider net and can encompass quality-of-life changes that are less easy to quantify. Some common non-economic damages include pain and suffering, emotional anguish, disfigurement, or impairment related to disabilities resulting from the accident. 
• Punitive damages are much more rare and are meant to punish the responsible party and discourage similar behavior in the future. These damages are often only awarded when someone's negligence is ruled to be reckless or wanton or they have caused accidents with their behavior in the past. 

What personal injury damages are available to accident victims?

The damages you will be able to recover after an accident depend mostly on the severity of your injuries and the foreseeable impact they will have on your life. In order to know when to settle, you’ve got to know the amount of past and future damages resulting from your injury. Texas law recognizes several categories of damages that can help accident victims recover financially from their injuries.

Medical bills

Medical expenses often represent the largest portion of a personal injury settlement. This includes not just your immediate emergency room visit or surgery costs, but also ongoing treatment, rehabilitation, prescription medications, and any future medical care related to your injuries.

If you're experiencing symptoms like chest pain after a car accident, seeking immediate medical attention isn't just important for your health — it also creates the documentation necessary to support your injury claim.

Pain and suffering

Physical pain and emotional distress don't show up on a medical bill, but they're very real consequences of serious accidents. Pain and suffering damages compensate you for the ongoing discomfort, anxiety, depression, and loss of enjoyment of life that can result from your injuries.

Calculating these damages requires careful consideration of the severity of your injuries, how they impact your daily activities, and whether you're likely to experience long-term or permanent effects.

Lost wages

When injuries prevent you from working, lost wages can quickly create financial hardship for you and your family. This category includes not just the paychecks you've already missed, but also your diminished earning capacity if your injuries prevent you from returning to your previous job or working at full capacity.

For catastrophic injuries that result in permanent disability, lost wages can represent millions of dollars over a lifetime.

Wrongful death

When negligence results in the loss of a loved one, surviving family members may be entitled to compensation for their profound loss. Wrongful death claims (which necessitate a Houston wrongful death lawyer) can include compensation for funeral expenses, lost financial support, loss of companionship, and the emotional anguish of losing someone you love.

Punitive damages

Punitive damages are much rarer and are meant to punish the responsible party and discourage similar behavior in the future. These damages are often only awarded when someone's negligence is ruled to be reckless or wanton, or they have caused accidents with their behavior in the past.

Common injuries from personal injury accidents

Personal injury accidents can result in a wide range of injuries, from minor cuts and bruises to life-altering conditions that require years of medical treatment and rehabilitation. The most common types of injuries suffered in personal injury accidents include:

• Head injuries can range from mild concussions to severe traumatic brain injuries that permanently alter a person's cognitive abilities, personality, and quality of life.

• Even seemingly minor head injuries can have lasting effects that don't become apparent for days or weeks after an accident. This is why it's crucial to seek medical attention immediately after any accident involving head trauma.

• Spinal cord injuries often require extensive medical treatment, adaptive equipment, home modifications, and lifelong care.

• The financial impact of spinal cord injuries can be enormous, making it essential to work with an experienced attorney who understands how to properly value these complex cases.

• Other injuries that personal injury accidents commonly result in include broken bones, torn ligaments, internal organ damage, severe burns, and disfiguring injuries. 

• While these may not be as immediately life-threatening as head or spinal injuries, they can still require extensive treatment and significantly impact a person's ability to work and enjoy life.

How an experienced personal injury attorney changes your case

The difference between handling your injury claim alone and working with an experienced personal injury attorney can literally be the difference between thousands and hundreds of thousands of dollars in compensation. There are a few important reasons for this:

1. Insurance companies treat represented clients differently. When you have an attorney, insurance adjusters know they can't take advantage of you with lowball offers or delay tactics. They understand that your lawyer has the knowledge and resources to take them to court if necessary.

2. Proper case valuation requires expertise. Most accident victims significantly underestimate the true value of their claims. An experienced attorney knows how to calculate not just your current expenses, but also future medical costs, lost earning capacity, and appropriate compensation for pain and suffering.

3. Negotiation skills matter enormously. Insurance companies employ professional negotiators whose job is to minimize payouts. Having an attorney who understands their tactics and can negotiate effectively on your behalf levels the playing field.

Trial readiness creates leverage. Insurance companies settle cases for fair amounts when they know the attorney is prepared to take the case to trial. If they sense you won't or can't go to court, they have no incentive to offer reasonable compensation.

How much does it cost to hire a personal injury law firm?

Personal injury lawyers in Texas — including those at Calderon Law Firm — typically work on a contingency fee basis, which means that you don't pay any legal fees whatsoever upfront. Instead, your lawyer only gets paid if they win your case and successfully recover compensation on your behalf.

It's set up like this because of the financial difficulty that injuries can bring upon people and their families. Under a contingency fee structure, the legal representation that you need is more accessible, as it essentially neutralizes the financial risk it would take for you to pursue your injury claim.

If you’re wondering about how much a personal injury lawyer costs, we encourage you to also consider how much it will cost you not to hire a personal injury lawyer. Without an attorney, you won’t be able to negotiate for more, and you’ll be stuck with whatever the insurance companies offer you — and it likely won’t be enough. 

The lawyers at Calderon Law Firm work on a contingency fee basis, which means we don't get paid unless you do. Give us a call today and ask us about our transparent fee structure and how we’re prepared to fight to get you maximum compensation.

Can I sue for pain and suffering?

Yes, you can sue for pain and suffering in a personal injury case in Texas — and you should! Without a good attorney by your side, insurance companies and other responsible parties are unlikely to take into account how much pain and suffering you’ve endured after an accident, but these things add up. 

Damages for pain and suffering encompass both the physical pain and emotional distress that resulted from your injury, and while Texas courts understand that an injury can take a significant toll on your mental and emotional well-being, you’ll need to present a compelling case to be compensated. 

Calculating exactly how much pain and suffering damages are worth depends on a handful of things, like the severity of the injury, the impact on your daily life, and any lasting disabilities or disfigurements you’ve suffered. A good Houston personal injury lawyer should be able to examine evidence, quantify these damages, and make a compelling case on your behalf.

What percentage do lawyers take for personal injury in Texas?

The next question people usually ask is, “How much do these personal injury lawyers cost?” Personal injury lawyers work off of the prospect of a percentage of your settlement after they win your case, usually 33.3 to 40 percent.

The reality, however, is that you’re not really spending your money; you’re spending the insurance company’s money. Without a skilled personal injury lawyer in your corner, they’re likely to offer you a lowball offer that might not ever cover your initial medical bills. With a good attorney in your corner, they know you mean business, and they have to play ball.

Houston personal injury lawyer FAQ

How long do personal injury cases take?

The timeline for resolving a personal injury case varies significantly based on the complexity of your situation, the severity of your injuries, and the willingness of insurance companies to negotiate fairly.

Calderon Law Firm gets results faster.

While industry averages show the timelines below, Jose Calderon's efficient case management and aggressive negotiation tactics consistently deliver faster resolutions.

Here's what you can typically expect:

Know that personal injury cases can take a while, but also know that rushing to settle before you fully understand the extent of your injuries can cost you significantly in the long run. Your attorney should never pressure you to settle quickly just to close a case.

Continue reading: How long do personal injury cases take?

Should I talk to the insurance companies after I am injured?

This is one of the most important questions accident victims ask, and the answer is simple: don't give recorded statements or accept settlement offers without speaking to an attorney first. Insurance adjusters are trained professionals whose job is to minimize what their company pays out on claims.

They may seem friendly and helpful, but anything you say can be used to devalue or deny your claim later. If suing the insurance company becomes necessary due to bad faith practices, having an attorney from the beginning protects your interests.

What is negligence in Texas?

What is negligence in a personal injury case? Negligence is the legal foundation of most personal injury cases in Texas. To prove negligence and recover compensation, your attorney must establish four key elements:

1. Duty of care. The defendant owed you a legal duty to act reasonably and safely. For example, drivers have a duty to follow traffic laws and drive safely.

2. Breach of duty. The defendant failed to meet that standard of care through their actions or inactions. This could be speeding, texting while driving, or failing to maintain safe premises.

3. Causation. The defendant's breach of duty directly caused your injuries. There must be a clear link between their negligent actions and your harm.

4. Damages. You suffered actual damages as a result — medical bills, lost wages, pain and suffering, or other measurable losses.

Can I get compensation even if my injury was my fault? Comparative negligence in Texas

Texas follows a "modified comparative negligence" rule, which means you can still recover compensation even if you were partially at fault for your accident — as long as you weren't more than 50% responsible.

For example, if you were 30% at fault for a car accident and the other driver was 70% at fault, you can still recover compensation, but your settlement will be reduced by your percentage of fault. If the total damages were $100,000, you would receive $70,000.

Comparative negligence makes it even more important to have an experienced attorney who can properly investigate your case and minimize any assertions that you contributed to the accident and should have your payout reduced accordingly. Insurance companies know comparative negligence better than anyone, and use it to keep you from the money you need to heal.

Need an injury lawyer to go up against the insurance companies? Calderon Law Firm can help. 

We keep it real, and you get results. Give the personal injury lawyers in Houston at Calderon Law Firm a call to have a frank discussion about the details of your case and whether or not we can help you. We know the kind of position you’re in after your accident and we won’t waste your time. 

It’s tough to know what to do after an accident, and it can be even tougher to say no to the lowball offers from the insurance company when you need it most, but we’re here to help guide you through what’s next — so that you and your family can get what you deserve and eventually put your injury behind you. 

Our founder, Jose Calderon, has spent years fighting tooth and nail for the rights of Houstonians in a tough spot. Call us at (346) 999-5673 or contact us online today to ask him to fight for you.