If you were injured in Richmond, Texas — or anywhere in Fort Bend County — this page explains how a Texas personal injury claim actually works, what the deadlines are, and when it makes sense to talk to a lawyer. Estes Personal Injury & Car Accident Lawyers has its office on S. Union Street in Richmond, minutes from the Fort Bend County courthouse where these cases are heard.
What counts as a personal injury claim in Texas
A personal injury claim arises when someone else’s negligence causes you harm. In practice that most often means a motor vehicle collision, a commercial truck crash, a fall caused by an unsafe condition on someone’s property, or an injury on a job site. What these have in common is a legal duty, a failure to meet it, and an injury that follows from that failure.
Not every injury is a claim, and not every claim needs a lawyer. If nobody was hurt and the property damage is being paid, you usually do not need to hire anyone. Where a lawyer earns their place is when you were actually injured, when fault is disputed, when there is a commercial vehicle or an employer involved, or when an insurance company is pressing you to settle before you know what your treatment will cost.
The deadline: generally two years
Texas gives most personal injury plaintiffs two years from the date of the injury to file suit. That is the general rule, and there are exceptions that can shorten or extend it — claims against governmental units carry much shorter notice requirements, and the deadline can run differently for a minor. Because the exceptions matter more than the general rule in any specific case, the practical advice is to have someone look at your dates early rather than assume you have time.
Fault is shared, and the percentage matters
Texas uses a modified comparative fault system. If you are found partly responsible for what happened, your recovery is reduced by your percentage of responsibility — and if you are found more than 50% responsible, you recover nothing. This is why insurance adjusters ask the questions they ask. An early recorded statement is often an attempt to establish that you carry some share of the blame, and you are not required to give one.
What a claim can include
A properly documented Texas injury claim is not just the emergency room bill. It can include the follow-up treatment, physical therapy, medication, wages you lost while you could not work, future care your doctor says you will need, and the mileage to every appointment. Most people never claim everything the law allows — not because the law is unclear, but because nobody itemized it before the release was signed.
Once you sign a release, the claim is closed. That is true even if a doctor finds something serious the following month.
Where Fort Bend County cases are heard
If a claim does not resolve with the insurance company, it becomes a lawsuit — and Fort Bend County injury lawsuits are filed and tried at the county courthouse here in Richmond. The jury is drawn from Fort Bend County residents. A firm that regularly appears in that courthouse builds the file for that venue from the beginning.
Two of our attorneys are Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. It is a credential administered by the State of Texas — examination, peer review, and documented trial experience — and anyone can verify it independently. You can read how on our board certification page.
What it costs
No fee or case expenses owed, unless we win. The consultation is free, in English or Spanish, and if we think you do not need a lawyer we will tell you that for free too.
Common questions
How long do I have to file a personal injury claim in Texas?
Generally two years from the date of the injury, with exceptions that can shorten or extend that period. Claims involving a governmental entity have much shorter notice deadlines.
Do I have a case if I was partly at fault?
Possibly. Under Texas’s modified comparative fault rule you can generally recover if you were 50% or less responsible, with your recovery reduced by your percentage. Every case turns on its own facts.
Should I give the other driver’s insurer a recorded statement?
You are not required to. It is usually worth speaking with a lawyer first — the consultation is free either way.
What if the person who hurt me had no insurance?
You may have coverage through your own policy. Uninsured and underinsured motorist coverage exists for exactly this situation. Bring your policy to the consultation and we will read it with you.
Do I need a lawyer for a minor injury?
Often, no. If you were not hurt and the property damage is being paid, you probably do not need one. If you were hurt, get checked either way — an examination creates the record that keeps a later injury from being blamed on something else.
Free consultation: (281) 238-5400.
Attorney Advertising. Responsible attorney: William F. Estes. Principal office: Richmond, Texas. No fee or case expenses owed, unless we win. Free consultation. Prior results do not guarantee a similar outcome. This page is general information about Texas law, not legal advice, and reading it does not create an attorney-client relationship.
The Estes Law Firm, P.C. · 716 S. Union St, Richmond, Texas 77469 · (281) 238-5400