The Process of Filing a Personal Injury Lawsuit in the Houston Area
If you or a loved one has been seriously injured due to someone else’s negligence, you may be considering filing a personal injury lawsuit. The process can feel overwhelming, especially when you’re already coping with physical pain, emotional distress, or financial uncertainty. Understanding the step-by-step process of how a personal injury case works in the Houston area can help you make informed decisions and feel more in control of your recovery and legal journey.
As a Houston-based injury lawyer who has worked with clients across Texas, Attorney Amy Dunn is here to guide you through every phase with clarity, compassion, and fierce advocacy. Whether your injury occurred in a car crash, workplace accident, or due to a dangerous property condition, knowing the right steps can help you seek the compensation you deserve.
Understanding the Basics of a Personal Injury Lawsuit in Texas
A personal injury lawsuit is a civil legal action filed by an individual (the plaintiff) who has been harmed due to the negligent or reckless actions of another person, business, or entity (the defendant). The goal of the lawsuit is to pursue compensation for losses such as:
Medical expenses (current and future)
Lost wages and earning capacity
Pain and suffering
Emotional distress
Permanent disability or disfigurement
Loss of consortium or companionship
Property damage (in some cases)
Every state has its own rules for filing personal injury cases. In Texas, the law allows injury victims to pursue compensation but also imposes strict deadlines and procedural rules that must be followed carefully.
Step 1: Seek Immediate Medical Attention
Before even thinking about legal action, your top priority should be your health. Seek emergency or follow-up medical care immediately after the accident, even if your injuries seem minor at first.
This isn’t just about protecting your well-being—it also helps document your injuries and link them directly to the accident. Medical records become critical evidence in your case.
“Your health comes first. The sooner you get evaluated by a medical professional, the stronger your case will be later.”
Step 2: Contact an Experienced Personal Injury Lawyer
Once you’ve received medical care, reach out to a knowledgeable personal injury attorney who is familiar with the Houston area and Texas injury law. An attorney can evaluate your case, identify all liable parties, and explain your legal rights.
Most personal injury lawyers—including Amy Dunn—offer free consultations and work on a contingency fee basis. That means you pay nothing upfront, and the lawyer only gets paid if your case is successful.
Not every injury or accident leads to a lawsuit. But speaking with a lawyer early on helps you avoid mistakes, deal with insurance adjusters, and make informed decisions about your next steps.
Step 3: Investigate and Gather Evidence
Once you hire legal representation, your attorney will begin a detailed investigation. This may include:
Reviewing police or accident reports
Analyzing medical records and treatment history
Interviewing witnesses
Consulting experts (medical professionals, accident reconstructionists, etc.)
Gathering surveillance or dashcam footage, if available
Preserving physical evidence (such as damaged vehicles, photos of injuries, etc.)
Building a strong foundation of evidence is essential to show how the defendant was negligent and how their actions directly caused your injuries.
Step 4: File the Insurance Claim (and Possibly Negotiate)
In many personal injury cases, a lawsuit isn’t the first move. Instead, your lawyer may first file a claim with the liable party’s insurance company and attempt to negotiate a fair settlement.
Insurance negotiations can involve months of back-and-forth. In some cases, a fair resolution can be reached without ever setting foot in court. But if the insurance company denies your claim or offers far less than what your case is worth, the next step is formal litigation.
Step 5: Filing the Lawsuit
If negotiations break down or your damages are significant, your attorney may advise filing a lawsuit. This officially starts the litigation process.
What’s Involved in Filing?
Complaint/Petition: Your lawyer will draft and file a legal complaint outlining your claims, the facts of the case, and the compensation you are seeking.
Service of Process: The defendant must be formally notified of the lawsuit.
Defendant’s Answer: The defendant (or their attorney) responds, often denying liability or asserting defenses.
In Texas, the statute of limitations for most personal injury lawsuits is two years from the date of the accident. Missing this deadline can permanently bar you from seeking compensation, so it’s crucial to act promptly.
Step 6: The Discovery Phase
Once both sides have responded, the case enters “discovery.” This is a formal process where both parties exchange information and gather additional evidence. Discovery may involve:
Written Interrogatories (questions the other side must answer under oath)
Requests for Documents
Depositions (sworn testimony from witnesses, including you and the defendant)
Medical Examinations (sometimes requested by the defense)
This phase can last several months, but it’s essential for identifying the strengths and weaknesses of each side’s case.
Step 7: Mediation or Settlement Discussions
After discovery, many courts require mediation—a structured negotiation led by a neutral third-party mediator. This gives both parties another chance to reach a settlement before going to trial.
In some cases, this is where resolution happens. Your attorney will advise you on whether a proposed settlement offer is fair based on your damages, evidence, and the potential risks of going to trial.
Step 8: Trial (If Necessary)
If settlement efforts fail, your case will proceed to trial. This could be a bench trial (heard by a judge) or a jury trial. In court, your attorney will present your case by:
Introducing evidence
Calling witnesses
Cross-examining the defense’s witnesses
Making arguments on your behalf
Trials can be complex and emotionally intense, but with the right legal team, you’ll be prepared every step of the way.
“The courtroom is where we pursue justice with everything we’ve got. But we prepare long before we ever get there.”
Step 9: Verdict and Potential Appeals
At the end of the trial, the judge or jury will decide whether the defendant is liable and—if so—how much compensation to award. If you win, the court will issue a judgment in your favor.
However, either side can appeal the decision, which may delay the final outcome. Your attorney will discuss your options if this becomes necessary.
What If I Can’t Afford a Lawsuit?
One of the biggest concerns for injury victims is the cost of filing a lawsuit. But with contingency-based representation, there are no upfront fees. Your attorney advances case-related costs and only receives payment if your case is successful.
This means you can focus on healing, not legal bills.
Key Deadlines in Houston Personal Injury Cases
Texas law sets strict timelines for filing personal injury claims. Missing one of these deadlines could mean losing your right to seek compensation. Here are the most important deadlines to keep in mind:
Personal Injury Statute of Limitations: You generally have two years from the date of the accident to file a lawsuit. This applies to most car accidents, slip and falls, and other injury claims.
Claims Against Government Entities: If your injury involves a city, county, or state agency—such as being hurt on public property—you may need to file a formal notice of claim within six months or less. Some local governments have even shorter deadlines.
Insurance Claims: While there’s no universal deadline for filing with an insurance company, you should notify them of the incident as soon as possible. Delays can raise red flags and be used against you.
Medical Treatment Documentation: To support your injury claim, it's crucial to seek medical care promptly—ideally within a few days of the accident. Insurance companies often challenge claims when treatment is delayed.
Why It Helps to Work With a Houston-Based Injury Lawyer
Personal injury laws vary by state, and local knowledge matters. A lawyer based in Houston understands not only Texas civil procedure but also the specifics of Harris County and surrounding jurisdictions.
From local judges and mediators to how insurance companies handle regional claims, hiring a Houston-area attorney can give your case a strategic advantage.
“Every case is personal. I take the time to learn what my clients are going through, and I fight like they’re family.”
What to Expect From Amy Dunn, Houston Injury Lawyer
When you work with Amy Dunn, you’re not just getting a lawyer—you’re getting a dedicated advocate who genuinely cares about what you’re going through. She understands the emotional, physical, and financial impact an injury can have on your life.
With extensive experience handling catastrophic injuries, wrongful death cases, traumatic brain injuries, burn injuries, and more, Amy approaches every case with precision, compassion, and determination.
You’ll never be treated like a file number. You’ll always know where your case stands. And you’ll have someone by your side who’s committed to pursuing the justice and compensation you deserve.
Ready to Talk? Here’s Your Next Step
If you’ve been hurt and believe someone else is at fault, don’t wait to get legal advice. The sooner you act, the more options you may have. Amy Dunn offers free consultations to walk you through your rights and help you make a confident, informed decision.
You deserve answers. You deserve support. And you deserve someone in your corner who knows the law—and knows how to fight.
Reach out today for a free case review. Let Amy Dunn listen to your story, answer your questions, and help you take the next step toward healing and justice.