What Are the Steps of a Texas Personal Injury Claim?

Legally Reviewed by Dale R. Rose on September 30, 2026

A Texas personal injury claim usually moves through the same core steps: getting medical care, preserving evidence, reporting the incident, notifying the insurance companies, completing treatment, sending a demand, negotiating, and, if the insurer will not make a fair offer, filing a lawsuit before the two-year deadline. Not every claim goes through every step, but knowing the sequence helps you avoid mistakes that can reduce what your claim is worth.

At Dale R. Rose, PLLC, we have guided injured Texans through this process for more than three decades, from the first call with an insurer to verdicts in front of a jury. Our personal injury attorney team handles car wrecks, falls, and other injury claims across McKinney, Bonham, and North Texas, and the steps below reflect how these claims actually unfold.

The Steps of a Texas Personal Injury Claim at a Glance

Here is the typical order of events. Each step is explained in more detail below.

1. Seek immediate medical attention
2. Gather and preserve evidence
3. Report the incident
4. Talk with a personal injury attorney
5. Notify the insurance companies and open the claim
6. Complete medical treatment and document your damages
7. Send a demand and negotiate a settlement
8. File a lawsuit if the claim does not settle
9. Discovery, mediation, and trial

Step 1: Seek Immediate Medical Attention

The first step in pursuing a personal injury claim is getting medical care. Your health comes first, and a prompt visit to a doctor, urgent care, or emergency room also creates the first record linking your injuries to the incident. That record becomes some of the most important evidence in your claim.

See a provider even if you do not feel seriously hurt. Some injuries, including concussions, internal injuries, and soft tissue damage, may not show symptoms for hours or days. Insurance companies often point to a delay in treatment as a reason to deny or devalue a claim, arguing that the injury must not have been serious or was caused by something else.

Step 2: Gather and Preserve Evidence

The next step is to gather and preserve evidence while it still exists. Photographs of the scene, your injuries, and any hazard or vehicle damage are valuable, as are the names and contact information of witnesses. Keep copies of every medical record, bill, and receipt connected to the injury.

Save all communication related to the incident, including emails, letters, and text messages, since these can later be used as evidence. Surveillance and dash camera footage is often recorded over within days or weeks, so it helps to identify cameras early. Our guide to the types of evidence that support a premises liability claim covers what to look for after a fall.

Step 3: Report the Incident

If the incident is a car wreck, call the police as soon as possible. Under Texas Transportation Code section 550.062, an officer who investigates a collision must make a written report if the crash resulted in injury, death, or apparent property damage of $1,000 or more to any one person. That report, often called the Texas Peace Officer’s Crash Report, is usually one of the first documents an adjuster reviews.

If you were hurt at a business or other public place, report the incident to the manager or property owner and ask for a copy of the incident report. Give the date, time, and location, and note the names of any employees or witnesses who were present. Take photos of the condition that caused the injury, such as a wet floor or broken railing, before it is cleaned up or repaired.

Step 4: Talk With a Personal Injury Attorney

After you have received medical care and gathered what you can, it helps to speak with a Texas personal injury attorney before giving recorded statements or signing anything the insurer sends. An attorney can identify every potentially responsible party, explain which deadlines apply, and deal with the insurance companies so you can focus on recovery.

Be cautious about attorneys or “referral services” who contact you first after a wreck. Texas law restricts that kind of solicitation, and you always have the right to choose your own lawyer.

Step 5: Notify the Insurance Companies and Open the Claim

Your attorney will notify the at-fault party’s insurance carrier, usually by sending a letter of representation. That letter tells the insurer that you are represented and that communication should go through your attorney. Your own insurer should also be notified, particularly if you may need personal injury protection or uninsured motorist coverage.

The insurance company will then investigate. It may review the police or incident report, request photos, and ask for medical authorizations. If the insurer accepts liability, that does not mean it will pay everything you ask for. It only means that, for now, it is not arguing that its insured was at fault.

Step 6: Complete Medical Treatment and Document Your Damages

Most claims are not ready to value until you have finished treatment or your doctors can estimate the care you will need in the future. Settling too early risks leaving future surgery, therapy, or lost income uncompensated, since a settlement release generally ends the claim for good.

During this time your attorney gathers the records and bills needed to prove your damages, which may include medical expenses, lost wages, loss of earning capacity, physical pain, mental anguish, and physical impairment. Under Texas law, medical expense recovery is generally limited to the amount actually paid or incurred, so accurate billing records matter.

Step 7: Send a Demand and Negotiate a Settlement

Once your damages are documented, your attorney sends a demand package to the insurance company. The demand lays out how the incident happened, why the insured is responsible, the extent of your injuries, and the amount you are asking for, supported by records and bills.

The insurer may accept, reject, or respond with a lower counteroffer, and several rounds of negotiation are common. If the process drags on, our article on what to do when you encounter a settlement delay explains your options. Fault disputes often come up here as well, and Texas’ comparative fault rule can reduce or bar recovery if you are found more than 50 percent responsible.

Step 8: File a Lawsuit If the Claim Does Not Settle

If a fair settlement cannot be reached, your attorney may recommend filing a lawsuit against the at-fault party. In Texas, the lawsuit begins with a document called a petition, which is filed in the appropriate court and served on the defendant.

Timing is critical. Under Civil Practice and Remedies Code section 16.003, most personal injury lawsuits must be filed within two years of the date of injury. For claims against a city, county, or state agency, section 101.101 of the Texas Tort Claims Act generally requires written notice within six months, and some city charters require notice even sooner. Negotiating with an insurer does not stop these deadlines, and missing one can end the claim permanently.

Step 9: Discovery, Mediation, and Trial

After a lawsuit is filed, both sides exchange information in a phase called discovery. This can include written questions, requests for documents, medical examinations, and depositions, which are recorded interviews under oath. Our guide on what to expect during a personal injury deposition explains how to prepare.

Many Texas courts require the parties to attempt mediation, where a neutral mediator helps both sides look for a settlement. Most cases resolve before trial, but some do not. Our article on what makes a claim go to trial explains the factors that push a case toward a jury.

How Long Does a Texas Personal Injury Claim Take?

There is no fixed timeline. A claim that settles without a lawsuit may resolve in a matter of months once treatment is complete, while a case that goes through discovery and trial may take a year or more. The biggest factors are how long medical treatment lasts, whether fault is disputed, how many parties and insurers are involved, and how busy the court’s docket is.

You can help keep your claim moving by following your treatment plan, keeping appointments, and sending records and bills to your attorney promptly.

Don’t Wait to Find Legal Representation

Dale R. Rose has more than three decades of experience practicing law in Texas and more than 165 first-chair jury trials, and our firm has represented individuals, small businesses, and corporations in courts across North Texas. That trial experience shapes how we prepare every claim, because insurers take a case more seriously when they know it is ready for a courtroom. If your injury happened at a store or other property, our overview of premises liability claims in Texas is a helpful next read.

We offer free consultations, with no attorney fees unless we recover compensation, and case costs are explained in a written agreement. To arrange a free consultation, fill out our contact form today.

Frequently Asked Questions About the Texas Personal Injury Claim Process