In Texas alone, car accidents injure 200,000 people each year, and many find themselves scrambling to figure out what comes next. Medical bills pile up. Insurance adjusters play hardball. And you’re left wondering how to even begin claiming compensation for your injuries.
We know that dealing with paperwork and fighting for what you deserve are the last things you want to do when you’re dealing with injuries. But you don’t have to do it alone. In this guide, we’ll outline the steps you should take to give you the best chance at maximizing the compensation you deserve under the law.
At Brar Law, we’ve built our practice on guiding people through challenging moments like these. If you’re dealing with injuries after an accident, don’t wait — contact our Houston personal injury lawyers today at (713) 489-0922 for a free consultation.
What to Do Immediately After an Accident
Step One: Get Medical Attention
Your health is the cornerstone of any injury claim. Here’s why: injuries like whiplash and internal bleeding don’t always show up immediately—they may not fully manifest until weeks, or even months, later.
Without medical records tying those injuries to the accident, you’re handing the insurance company an excuse to deny your claim.
So, head to the ER or your physician’s office. Tell them exactly what happened. That way, your medical records tell the same story you’ll need to tell later on in your claim.
Step Two: Collect Evidence
Collect and store as much photographic evidence as you can, such as:
- The vehicles (all angles, inside and out).
- The road conditions (potholes, skid marks, debris).
- Your injuries (bruises, cuts, swelling).
Next, gather information. Exchange details with other drivers—names, phone numbers, insurance policies, license plates. If witnesses saw the accident, ask for their contact information too.
Step Three: Obtain the Police Report
In Texas, you’re required to report accidents involving injuries, deaths, or damages exceeding $1,000. That means you need the police. Officers will document the scene, gather evidence, and compile an accident report. This report is an objective, third-party account of the accident.
You can request a copy at the Texas Department of Transportation’s website.
Step Four: Get Legal Assistance
When you’re recovering from an accident, the last thing you want is a mountain of paperwork staring you down. Dealing with insurance adjusters, legal forms, and deadlines is stressful enough when you’re at 100%.
At Brar Law, we handle the heavy lifting so you can focus on recovering. We’ll dig into the details of your case—reviewing accident reports, compiling medical records, and tracking down witnesses—so nothing slips through the cracks. If the insurance company pushes back (and they will), we’ll stand firm, armed with evidence and a strategy tailored to maximize your claim.
Building a Strong Case: Documenting Damages
If you want to maximize your personal injury claim, the goal is simple: show the full scope of your losses. Every bill, receipt, and report tells the story of how the accident affected your life. When you gather this information strategically, you create a solid foundation that supports the compensation you deserve.
Start with Your Medical Expenses
Medical bills are the backbone of your case.
Start with your initial emergency room visit or urgent care bill, and then track everything that follows:
- Doctor’s appointments.
- Prescription medications.
- Physical therapy or rehabilitation costs.
- Specialist consultations.
For serious injuries, future medical expenses come into play. If your recovery stretches into months—or even years—your lawyer will consult medical professionals to estimate the long-term care costs.
Don’t Forget Lost Wages
If your injuries kept you off the job, calculate how much income you missed during your recovery period, and include any lost benefits, like bonuses or retirement contributions.
But there’s more. Serious injuries might mean reduced earning potential down the line. If the accident compromised your ability to work—whether through physical limitations or missed career opportunities—these future losses factor into your claim as well.
Account for Property Damage
If your car, motorcycle, or other property was damaged in the accident, include repair or replacement costs. Presenting receipts and repair estimates bolsters your case.
Pain and Suffering: Quantifying the Intangible
Physical pain and emotional suffering don’t come with price tags, but they matter just as much. Courts and insurance adjusters use multipliers to calculate these damages, which means they’ll multiply your economic losses (medical bills, lost wages) by a number based on the severity of your experience.
Keep Organized Records
Create a file—physical, digital, or both—where you store every bill, invoice, and medical report. Write down dates and details while they’re fresh. The clearer your records, the stronger your case.
The Claims Process
So, you’ve got the photos, the police report, and a doctor’s note. What’s next? Now comes the stage where your lawyer will help step in to deal with the insurance companies.
Filing Your Claim
Your lawyer will contact the at-fault driver’s insurance company and provide them with the essentials:
- Your name and contact information.
- The accident’s date, time, and location.
- A concise summary of what happened.
Notice the word "concise." Your lawyer won’t over-share. Adjusters are trained to twist details to minimize payouts. By keeping it short and factual, they leave no room for misinterpretation.
Next, your lawyer will compile and submit the supporting documents—medical bills, police reports, repair estimates, and anything else that strengthens your case. This documentation builds an airtight foundation that makes it harder for the insurance company to play games.
Know the Rules: Texas Laws on Liability
Texas operates under a modified comparative negligence rule. What does that mean? If you’re less than 51% at fault, you’re eligible for compensation. But your payout decreases by your percentage of fault.
This makes your documentation and the accident report all the more important. Anything that proves the other party’s responsibility strengthens your case and protects your bottom line.
Negotiating with Insurance Companies
Once you document your damages and file your claim, the real battle begins: negotiating with insurance adjusters. Cases succeed or fail during this process. The goal is to secure a settlement that fully compensates you for your losses—nothing less.
The Insurance Adjuster’s Playbook
Insurance companies are in the business of minimizing payouts. That’s not cynicism; it’s just their business model. Expect the adjuster to come in with a lowball offer, hoping the stress of mounting bills and lost income will nudge you into accepting less than you deserve.
But their tactics don’t stop there. They might question the severity of your injuries, claiming your treatment was excessive or unnecessary. “Was that MRI really needed?” they’ll ask, as if they’re suddenly medical professionals.
They could comb through your medical history, looking for pre-existing conditions to argue that your injuries weren’t caused by the accident.
And then there’s the classic blame game. Adjusters often imply you were partially—or even mostly—at fault for the accident. Texas, where the modified comparative negligence rule applies, makes this tactic especially powerful. Remember that if they can argue you were 51% responsible, they owe you nothing. Even if they convince you to accept 20% to 30% of the blame, they’ve shaved thousands off what they’d otherwise owe.
This is where your lawyer steps in. We’re not here to play along with their games. When they say, “You don’t need that much,” we show them why you do.
When they argue about fault, we present the evidence that says otherwise. And when they try to lowball, we remind them what fair compensation really looks like. This isn’t about playing hardball—it’s about holding them accountable and getting the entire compensation you deserve under the law. Not a penny less.
What Goes into a Settlement Demand
We will craft a settlement demand letter that lays out the case clearly and convincingly.
This letter includes:
- A breakdown of your economic losses (medical expenses, lost wages, property damage).
- A calculated amount for pain and suffering.
- Supporting evidence.
Get Ready for the Back-and-Forth
Settlement negotiations are rarely quick. The insurance company might counter with a new offer that’s better than the first but still far from ideal. We will evaluate each offer, using our knowledge of your case and past outcomes in similar situations to determine if it’s reasonable.
Thankfully, once the insurance companies realize they are dealing with someone who has hired professional legal representation, they tend to come back down to earth and offer a fair settlement. However, sometimes negotiations hit a deadlock.
If the insurance company refuses to budge, we may recommend taking the case to court. While most claims settle before reaching trial, being ready to litigate shows you mean business—and that alone will encourage a better offer.
Preparing for Litigation
Filing a Lawsuit: The First Step
Taking legal action starts with filing a complaint in civil court.
This document outlines your claims against the at-fault party, including:
- The specific damages you’ve incurred.
- Evidence supporting your case.
- The legal basis for holding the other party responsible, such as negligence or recklessness.
In Texas, you have two years from the accident date to file a personal injury lawsuit under the statute of limitations. If this deadline passes, the court will likely dismiss your case outright.
The Discovery Phase: Building Your Case
Once your lawsuit is filed, both sides enter a phase called discovery. This is where the real work happens. Each side exchanges evidence, interviews witnesses under oath, and gathers additional information to support their arguments.
Your lawyer will use discovery to strengthen your case and prepare for trial.
This might include:
- Depositions of the at-fault driver, witnesses, or even expert witnesses like accident reconstructionists.
- Medical evaluations to confirm the extent of your injuries.
- Subpoenaing documents, such as the defendant’s phone records, if distracted driving is suspected.
Pre-Trial Motions and Settlement Talks
Litigation doesn’t always end in a courtroom showdown. Often, as discovery reveals the strength of your case, the insurance company will reconsider its position. Many lawsuits settle during this stage to avoid the costs and risks of a trial.
Your lawyer will inform you of any offers and advise whether they’re worth accepting. If the other side digs in, the case moves to trial.
The Trial Process
At trial, your lawyer presents your case before a judge and jury. This includes:
- Opening statements that outline your claim.
- Presenting evidence, such as accident photos, medical records, and witness testimony.
- Cross-examining the defendant and their witnesses to challenge their version of events.
The jury then decides whether the defendant is liable and, if so, how much compensation you’re owed.
What Happens After the Verdict
If the court rules in your favor, the defendant or their insurance company will pay the awarded damages. In some cases, they may appeal the decision, which can extend the process but rarely overturns a well-argued case.
Let Us File Your Claim & Fight For Your Future
Filing a personal injury claim is your chance to hold the responsible party accountable and secure the compensation you need to move forward. But as we’ve seen, it’s not a straightforward process.
That’s why the time to act is now. The earlier you start, the stronger your case will be. Waiting only risks losing valuable evidence or bumping up against Texas’s strict two-year statute of limitations.
At Brar Law, we know how to take a case from claim to resolution, no matter what obstacles arise. Whether you’re negotiating a settlement or standing before a jury, we’re ready to fight for the outcome you deserve.
If you’re ready to take control of your case, call us today at (713) 489-0922 for your free consultation.