What should I do immediately after a car accident in Houston?
Call 911 if anyone is injured, then move to safety if possible. Texas law requires you to stop and exchange information with other drivers involved.
Document everything at the scene. Take photos of vehicle damage, road conditions, traffic signs, and visible injuries. Get contact details from witnesses and the other driver's insurance information.
Seek medical attention even if you feel fine. Some injuries, like whiplash or internal trauma, don't show symptoms immediately. A medical record created soon after the crash strengthens your injury claim later.
Important next steps:
- File a police report (required for crashes with injuries or $1,000+ in damage)
- Notify your insurance company within 24-48 hours
- Avoid discussing fault at the scene or on social media
- Keep all medical bills, repair estimates, and related documents
How long do I have to file a car accident lawsuit in Texas?
You have two years from the accident date to file a personal injury lawsuit under Texas Civil Practice & Remedies Code §16.003. Missing this deadline usually means losing your right to sue.
The clock starts ticking immediately after the crash. However, some situations can pause or extend this timeframe, such as when the victim is a minor or the at-fault driver leaves the state.
Starting your claim early gives your attorney time to investigate, gather evidence, and negotiate with insurers. Most cases settle before trial, but you need the lawsuit option as leverage.
What damages can I recover after a Houston car accident?
Texas law allows you to recover economic and non-economic damages. Economic damages include medical expenses, lost wages, property damage, and future medical care costs.
Non-economic damages cover pain and suffering, emotional distress, loss of enjoyment of life, and permanent disability. These are harder to calculate but often represent the largest portion of your settlement.
You may also recover:
- Rehabilitation and physical therapy costs
- Home modifications if you're disabled
- Lost earning capacity if you can't return to your old job
- Funeral and burial expenses in wrongful death cases
Punitive damages are rare in Texas, but possible if the defendant showed gross negligence or intentional misconduct.
Do I need a lawyer for a minor car accident?
You can handle minor fender-benders with no injuries and clear fault on your own. If you're only seeking property damage reimbursement and feel comfortable negotiating, a lawyer may not be necessary.
However, hire an attorney if you sustained any injuries, even seemingly minor ones. Insurance companies often lowball injury claims, knowing unrepresented people don't understand case value.
Get legal help when:
- You suffered injuries requiring medical treatment
- The other driver was uninsured or underinsured
- Fault is disputed or unclear
- The insurance company denies your claim or offers an unfair settlement
- You're dealing with a commercial vehicle or company-owned car
Initial consultations are typically free, so you risk nothing by getting a professional evaluation.
How much does a car accident lawyer cost in Houston?
Most personal injury attorneys work on contingency, meaning they only get paid if you win. The standard fee is 33-40% of your settlement or verdict, with no upfront costs.
If you lose, you owe nothing for attorney fees. However, you may be responsible for case expenses like filing fees, expert witness costs, and medical record fees, depending on your agreement.
Contingency arrangements align your lawyer's interests with yours—they earn more when you earn more. This structure makes quality legal representation accessible regardless of your financial situation.
What's the average settlement for a car accident in Houston?
Settlement amounts vary dramatically based on injury severity, lost income, medical costs, and fault percentage. Minor soft tissue injuries might settle for $10,000-$30,000, while serious injuries can reach six or seven figures.
Texas follows modified comparative negligence rules under Civil Practice & Remedies Code §33.001. If you're 51% or more at fault, you recover nothing. Below 51%, your award is reduced by your fault percentage.
Factors that increase settlement value:
- Severe or permanent injuries
- Clear liability with strong evidence
- High medical bills and extensive treatment
- Significant impact on your daily life and work
- Professional documentation and expert testimony
Every case is unique. An experienced attorney can evaluate your specific circumstances and estimate realistic compensation.
How do I choose the best car accident lawyer in Houston?
Look for attorneys who focus primarily on car accident and personal injury cases. Experience with Texas traffic laws and local courts gives them an advantage in settlement negotiations and trials.
Check their track record with cases similar to yours. Ask about recent settlements, verdicts, and how many cases they've taken to trial versus settling early.
Evaluate these key factors:
- Years of handling car accident cases specifically
- Success rate and settlement amounts
- Client reviews and testimonials
- Communication style and availability
- Resources to investigate and build your case
- Trial experience if negotiations fail
What questions should I ask during a lawyer consultation?
Start with questions about their experience handling cases like yours. Ask how many car accident cases they've resolved in the past year and their average settlement amount.
Understand their approach to your case. Will they handle it personally or pass it to junior attorneys? How often will they update you, and what's their typical response time?
Essential questions to cover:
- What's your contingency fee percentage, and are there additional costs?
- How long do cases like mine typically take?
- What's your trial experience if we can't settle?
- Do you have relationships with medical experts who can strengthen my case?
- What's my case worth in your professional opinion?
- What are the biggest challenges or weaknesses in my claim?
Should I accept the insurance company's first settlement offer?
Almost never accept the first offer without consulting an attorney. Initial offers are typically far below your claim's true value, designed to close the case cheaply while you're vulnerable.
Insurance adjusters know most accident victims don't understand claim valuation. They exploit this by making quick, low offers before you know the full extent of your injuries or financial losses.
Once you accept and sign a release, you cannot reopen the claim even if complications arise later. Give yourself time to complete treatment and understand your long-term prognosis before settling.
What if the other driver doesn't have insurance in Texas?
Texas requires minimum liability coverage, but roughly 14% of drivers are uninsured. Your uninsured motorist (UM) coverage protects you in these situations, compensating you up to your policy limits.
File a claim with your own insurance company under your UM coverage. Your insurer steps into the at-fault driver's position and pays your damages, though you may need to sue the uninsured driver directly for amounts exceeding your coverage.
Your options include:
- Uninsured motorist coverage through your policy
- Personal injury lawsuit against the at-fault driver
- MedPay or PIP coverage for immediate medical expenses
- Health insurance to cover treatment costs initially
An attorney can help you navigate multiple coverage sources and maximize your recovery.
How long does a car accident case take in Houston?
Simple cases with clear liability and minor injuries often settle within 3-6 months. Complex cases involving serious injuries, disputed fault, or multiple parties can take 12-24 months or longer.
You shouldn't settle until you reach maximum medical improvement—the point where your condition has stabilized. Settling too early means you can't claim additional compensation if problems emerge later.
Timeline factors include:
- Severity and duration of your medical treatment
- Whether the fault is disputed
- Insurance company cooperation
- Court schedules if litigation becomes necessary
- Negotiation complexity with multiple parties
Your attorney can provide a more specific estimate based on your case details.
What makes a car accident lawyer better than others?
The best lawyers combine deep legal knowledge with strong negotiation skills and a genuine commitment to clients. They invest in thorough investigation, retain expert witnesses, and prepare every case for trial, even when planning to settle.
Look beyond advertising claims to actual results and professional standing. Strong lawyers have respect in the legal community, which helps during settlement talks when opposing counsel knows they'll fight hard at trial.
Distinguishing qualities:
- Board certification in personal injury law
- Membership in trial lawyer associations like AAJ or TTLA
- Published case results and client testimonials
- Personal attention rather than a case-mill approach
- Transparent communication about strengths and weaknesses
- Willingness to go to trial when necessary for fair compensation
The right attorney views your case as more than a file number—they understand how the accident has disrupted your life and fight accordingly.
