Texas Top Injury Lawyers

YOUR QUESTIONS

ANSWERED

• How long do I have to file a personal injury lawsuit in Houston?

  Texas law generally gives you two years from the date of your accident to file a personal injury lawsuit. However, several critical factors can affect this deadline:

  • Claims against government entities (including the City of Houston, Harris County, TxDOT, or METRO) may require notice within as few as 90 days
  •  Medical malpractice claims have specific rules about when the limitations period begins
  •  Claims involving minor children may be tolled until they reach age 18
  •  Discovery rules may extend deadlines in cases where injuries weren’t immediately apparent

  More importantly, waiting to pursue your claim—even if you’re within the legal deadline—can seriously harm your case. Evidence disappears. Witnesses forget details or move away. Insurance companies note how long you waited to take action and use that delay to argue you weren’t seriously injured.

  We’ve seen countless cases where delays of just a few months made the difference between maximum compensation and a compromised settlement. If you’ve been injured, the time to act is now.

• What compensation can I recover in a Houston personal injury case?

  Texas law allows injury victims to recover both economic and non-economic damages. Economic damages include:

  • All medical expenses—past, present, and future—including hospital stays at Houston Methodist, Memorial Hermann, or other facilities, surgeries, medications, physical therapy, and ongoing care
  •  Lost wages from time missed at work
  •  Lost earning capacity if your injuries affect your ability to work in the future
  •  Property damage, including vehicle repairs or replacement
  •  Out-of-pocket expenses like medical equipment, home modifications, and transportation costs

  Non-economic damages compensate you for:

  • Physical pain and suffering—both what you’ve already experienced and what you’ll endure in the future
  •  Mental anguish and emotional distress
  •  Loss of enjoyment of life when injuries prevent activities you once enjoyed
  • Physical impairment and disfigurement

  In cases involving drunk driving or especially reckless conduct, punitive damages may also be available to punish the wrongdoer and deter similar behavior.

  What many people don’t realize is that insurance companies use computer systems to generate settlement ranges that often undervalue these damages—especially pain and suffering. Our job is to document your claim in ways that capture its full value, not the minimized value an algorithm produces.

• What if I was partially at fault for my Houston accident?

  Texas follows a “modified comparative negligence” rule. This means you can recover damages if you’re 50% or less responsible for the accident, but your compensation is reduced by your percentage of fault.

  Here’s what insurance companies know that you might not: adjusters are trained to shift blame to reduce or eliminate payments. Even in clear-cut cases, they’ll look for any argument that you share responsibility.

  Common tactics include:

  • Claiming you were speeding (even slightly) or distracted 
  • Arguing you failed to take evasive action
  •  Suggesting you weren’t wearing a seatbelt (which can reduce damages in Texas)
  •  Using statements from your recorded interview against you

  This is another reason why having experienced legal representation matters. We know how to counter these blame-shifting tactics and protect your right to fair compensation.

• Should I talk to the insurance company after my Houston accident?

  We strongly recommend against giving recorded statements or signing documents from insurance companies without legal representation. Here’s why:

  Insurance adjusters are trained professionals. They know exactly what questions to ask to get answers that can be used to reduce your claim. They’re not trying to help you—they’re trying to build a file that justifies paying you as little as possible.

  Specific traps to avoid:

  • Recorded statements: These can be used to find inconsistencies months later. If you forget to mention an injury that later appears in your medical records, they’ll claim you’re exaggerating. 
  • Broad medical authorizations: These give insurers access to your entire medical history, where they’ll search for any pre-existing condition to blame for your current injuries.
  •  Quick settlement offers: Early offers are calculated to close your claim before the full extent of your injuries is known. Once you accept, you can’t go back—even if your injuries turn out to be much worse than initially apparent.
  • Property damage settlements: Accepting a low vehicle repair estimate can be used to argue your injuries must also be minor.

  The safest approach is to report only the basic facts of the accident, decline to give detailed statements, and refer all further communication to your attorney.

• How much does it cost to hire a Houston personal injury attorney?

  The Nguyen Injury Law Firm works on a contingency fee basis, meaning:

  • No upfront costs or hourly fees
  • We only get paid if we win your case
  • Our fee is a percentage of your recovery, clearly explained in our agreement
  • We advance all case expenses, which are reimbursed from the settlement or verdict

  This arrangement allows anyone in Houston to access quality legal representation regardless of
  financial situation.

• Why shouldn't I accept the first settlement offer?

  Initial settlement offers are carefully calculated to be just attractive enough that you might accept—and just low enough to save the insurance company significant money.

  Industry insiders know that “an offer you can’t refuse is almost never the best you can do.” If an adjuster is making an offer without hesitation, there’s almost certainly more money available in the claim reserves.

  Insurance companies make early offers for strategic reasons:

  • They want to close your claim before you understand its full value
  •  They know your medical condition may worsen over time
  •  They understand that financial pressure makes people accept less than they deserve
  •  They want a signed release before you have legal representation

  In one documented case, an insurance company offered $12,500 to a claimant facing financial hardship. After litigation, that same claim settled for $40,000—more than three times the initial offer. The insurance company knew the claim was worth more; they were simply betting the claimant would accept less.

  Never accept any settlement offer without first understanding the full extent of your injuries and consulting with an experienced attorney who can evaluate what your claim is actually worth.