Filing a personal injury claim without a lawyer in Texas is possible, but it requires significant preparation, knowledge of state laws, and careful attention to detail. While many injured people consider handling their own claims to save on legal fees, the process can be complex and filled with potential obstacles that could significantly impact your compensation.
At Keith & Lorfing, we believe in leveling the playing field for hard-working West Texans. Sometimes that means standing up to the State of Texas when they are trying to strong-arm a plea offer. Other times, it means fighting for just compensation against a multi-million dollar insurance company. We understand why some people choose to represent themselves, whether due to concerns about legal fees, distrust of attorneys, or the belief that their case is straightforward.
If you’re unsure whether legal help is right for you, contact our West Texas personal injury attorneys for a free consultation.
Understanding the Basics of Personal Injury Law in Texas
⚖️ Before you take your first step, know this: Texas injury law isn’t just about fault—it’s about strategy. Even small details like how you describe your pain can tip the scales in your favor or against.
Before diving into the filing process, you need to understand the fundamental principles that govern personal injury claims in Texas.
Personal injury claims in Texas typically arise when someone suffers harm due to another person’s negligent or intentional actions. These cases can stem from various incidents, including car accidents, slip and falls, workplace injuries, defective products, or medical malpractice.
Texas Comparative Negligence Rule
Texas follows a “modified comparative negligence” system with a 51% bar rule. This means:
- If you are 50% or less responsible for your injury, you can recover damages, but your compensation will be reduced by your percentage of fault.
- If you are 51% or more responsible, you cannot recover any compensation.
For example, if you’re awarded $10,000 but found to be 30% at fault, you would receive $7,000. However, if you’re deemed 51% responsible, you would receive nothing.
Statute of Limitations
In Texas, the statute of limitations for personal injury claims is two years from the date of the injury. Miss this deadline, and you forfeit your right to pursue compensation, regardless of how strong your case might be.
According to the Texas Civil Practice and Remedies Code § 16.003, the standard statute of limitations for personal injury claims is two years from the date the injury occurs (§ 16.003). However, exceptions to this rule are outlined in other sections of the Code or recognized through legal doctrines. These exceptions typically apply in cases involving:
- Minors (under § 16.001, the statute is tolled until the minor turns 18)
- Individuals with mental incapacity
- Delayed discovery of the injury (under the discovery rule)
- Fraudulent concealment by the defendant.
When You Might Not Need a Lawyer
While we believe legal representation often leads to better outcomes, there are scenarios where handling your own claim might be reasonable:
Your case may be suitable for self-representation if:
- Your injuries are minor and fully resolved
- The fault is clearly established and not disputed
- You have comprehensive documentation of all damages
- The insurance company is being cooperative
- Your claim value is relatively small (often under $10,000)
- You have time to learn the process and follow through
Russell Lorfing, our founding partner, notes: “Even in seemingly straightforward cases, insurance companies have teams of adjusters and lawyers working to minimize their payout. Without proper legal knowledge, claimants often leave money on the table without even realizing it.”
Key Steps to File a Personal Injury Claim Without a Lawyer in Texas
If you’ve decided to proceed without legal representation, follow these steps carefully to protect your rights and maximize your potential compensation.
1. Gather Evidence at the Scene
The foundation of any successful personal injury claim is strong evidence. If possible, at the scene of the incident:
- Take extensive photos and videos of the accident scene, your injuries, property damage, and any hazardous conditions
- Collect contact information from all parties involved and witnesses
- Obtain a police report if applicable (essential for traffic accidents)
- Document weather conditions, time of day, and any other relevant factors
Trey Keith, our founding partner, emphasizes: “The evidence you gather in the first 24-48 hours after an accident is often the most critical. Details fade, scenes change, and witnesses become harder to locate as time passes.”
2. Seek Immediate Medical Treatment
Even if you think your injuries are minor, seek medical attention promptly.
- Visit an emergency room, urgent care, or your primary care physician as soon as possible
- Follow all treatment recommendations and attend all follow-up appointments
- Keep detailed records of all medical visits, treatments, medications, and how your injuries affect your daily life
- Never downplay your symptoms to medical providers
The longer the gap between your accident and medical treatment, the easier it is for insurance companies to argue your injuries weren’t caused by the incident.
3. Calculate Your Damages
Accurately calculating damages in personal injury cases is essential to ensure you don’t undervalue your claim. Personal injury damages in Texas typically fall into two categories:
Economic Damages
These are quantifiable financial losses, including:
- Medical bills (current and future)
- Lost wages and reduced earning capacity
- Property damage
- Out-of-pocket expenses related to your injury
Non-Economic Damages
These are subjective, non-monetary losses, including:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disfigurement or permanent disability
Common calculation methods include:
| Method | Description | Best Used For |
|---|---|---|
| Multiplier | Takes economic damages and multiplies by a factor (typically 1.5–5) based on severity | Moderate to severe injuries with significant pain/suffering |
| Per Diem | Assigns a daily dollar amount for pain and suffering from injury until maximum recovery | Injuries with a clear recovery timeline |
| Precedent | Researches similar cases in your jurisdiction to determine typical compensation ranges | Complex cases with unique circumstances |
Brandi Young, our partner at Keith & Lorfing, is known as “one of the most well-respected (and feared) attorneys in West Texas” and “a force of nature in and out of the courtroom.” She advises: “Most self-represented claimants significantly undervalue their non-economic damages, leaving thousands of dollars unclaimed.”
Speaking with our experienced injury lawyer can help you understand how much you can sue for based on the full scope of your damages and legal circumstances.
4. File a Claim with the At-Fault Party's Insurance Company
Once you’ve gathered evidence and begun medical treatment, notify the at-fault party’s insurance company of your intent to file a claim.
When dealing with insurance companies:
DO:
- Notify them promptly
- Get the claim number and adjuster’s contact information
- Confirm all communications in writing
- Keep detailed notes of all conversations
DON’T:
- Give recorded statements without preparation
- Accept initial settlement offers
- Sign any medical releases without reading carefully
- Discuss the fault or apologize
- Share details about your case on social media
5. Draft and Send a Demand Letter
After reaching maximum medical improvement (MMI) or having a clear insight into your long-term prognosis, draft a formal demand letter to the insurance company.
A strong demand letter should include:
- Introduction: Basic information about the incident and parties involved
- Liability statement: A clear explanation of why the other party is responsible
- Injury description: Detailed account of your injuries and treatment
- Damages calculation: Itemized list of all economic and non-economic damages
- Demand amount: Specific compensation amount with a deadline for response
- Supporting evidence: References to attached documentation
Sample structure:
[Your Name and Address]
[Date]
[Insurance Company Address]
Re: Claim Number [####], [Date of Incident], [Insured’s Name]
Dear [Claims Adjuster’s Name],
I am writing regarding the above-referenced claim arising from an incident on [date] at [location], involving your insured, [name].
[Detailed description of the incident and clear statement of liability]
As a result of your insured’s negligence, I suffered the following injuries: [detailed injury description]
[Treatment summary with specific providers, dates, and procedures]
My damages include:
- Medical expenses: $X,XXX [with itemized list]
- Lost wages: $X,XXX [with calculation method]
- Pain and suffering: $X,XXX [with justification]
- [Other damages as applicable]
Based on the above, I demand $XX,XXX to settle this claim. This offer remains open for 30 days from the date of this letter, after which I will pursue other legal remedies.
Enclosed please find copies of [list of supporting documents].
Sincerely,
[Your Signature]
[Your Name]
6. Negotiate the Settlement
Insurance adjusters rarely accept initial demands. Prepare for a back-and-forth negotiation process:
- Start with a demand higher than your minimum acceptable amount
- Respond to lowball offers with specific rebuttals based on evidence
- Remain professional and fact-based in all communications
- Be patient but firm about your well-documented damages
- Consider your bottom line before making concessions
Prepare for a back-and-forth negotiation process that may vary depending on how long a case takes to settle and the willingness of both parties to reach an agreement.
💡 Pro Tip: Document every offer and counteroffer in writing. If negotiations occur by phone, follow up with an email summarizing the discussion.
7. Consider Mediation or Arbitration Before Suing
If direct negotiations stall, consider alternative dispute resolution before filing a lawsuit:
- Mediation: A neutral third party helps facilitate a voluntary settlement between you and the insurance company. The mediator doesn’t make decisions but helps both sides find common ground.
- Arbitration: A neutral arbitrator hears both sides and makes a binding or non-binding decision, depending on your agreement.
According to the Texas Dispute Resolution Centers, mediation typically costs $100-300 per party for a half-day session, significantly less than litigation expenses. However, the fees can vary significantly depending on the county and the nature of the case.
8. File in Small Claims Court (if needed)
If negotiations fail and your damages are within limits, you can file small claims:
- Current limit: $20,000 in most Texas counties
- Filing requirements: Complete a petition form available from your county court
- Filing fees: Typically $50-100, varying by county
- Service of process: Formal notification to the defendant about your lawsuit
While most firms focus on metropolitan areas like Dallas, Houston, San Antonio, or Austin and pay lip service to West Texas, we exclusively focus on helping our West Texas communities. Keith & Lorfing has offices in Abilene, Lubbock, Midland, and San Angelo. We don’t just understand the legal system out in West Texas, we know the system. Our former law partners are now judges and elected district attorneys in West Texas. So when we say we know the judges and the prosecutors, and what the courts expect, we’re not just blowing smoke.
Ready to protect your rights? Reach out to our West Texas personal injury attorneys now at (325) 246-9410.
Common Mistakes to Avoid
Self-represented claimants often make these costly errors:
- Missing essential deadlines: Texas has strict timelines for filing claims and responding to court documents.
- Giving recorded statements without preparation: Insurance adjusters are trained to ask questions that may harm your claim.
- Settling too early: Before knowing the full extent of your injuries and long-term impact.
- Failing to document damages thoroughly: Every expense and impact should be recorded with evidence.
- Sharing case details on social media: Insurance companies routinely monitor claimants’ social media accounts.
- Not knowing legal terminology: Misinterpreting legal documents can have serious consequences.
When to Consider Hiring a Lawyer After All
With over 500 jury trials and over 75 years of experience, our team of attorneys has the experience and expertise you need to win and to win big. We employ multiple former federal and state prosecutors. Our attorneys have clerked at the highest courts in Texas, graduated from some of the best Universities, and handled the biggest cases.
While handling your own claim is possible, certain situations strongly warrant professional legal representation:
Consider calling us at (325)246-9410 if:
- Your injuries are severe or permanent: Higher stakes demand expert handling
- Fault is disputed or shared: Managing comparative negligence requires legal expertise
- Your claim involves multiple parties: Complexity increases with each additional party
- The insurance company is uncooperative: Our experienced attorneys know how to apply appropriate pressure
- You’re overwhelmed by the process: Peace of mind has real value during recovery
Frequently Asked Questions
Can I file a claim for whiplash or soft-tissue injuries without a lawyer?
Yes, but these claims are often challenging because such injuries aren’t visible on imaging studies. Insurance companies frequently dispute these claims, making detailed medical documentation and expert opinions particularly important.
How much does it cost to file a personal injury lawsuit in Texas?
Filing fees vary by county but typically range from $250-350 for district courts. Additional costs include service of process fees ($50-100 per defendant), deposition costs ($500+ each), expert witness fees ($1,500-5,000+), and exhibit preparation expenses.
What should I include in a Texas small claims complaint?
Your petition should include: your name and address, the defendant’s name and address, the amount you’re seeking, a clear statement of why the defendant owes you compensation, and your signature. Forms are available at your local Justice Court.
Can I reopen a case after accepting a settlement?
Generally, no. Settlement agreements typically include a release of all claims, meaning you waive your right to seek additional compensation even if your condition worsens. This is one reason why premature settlements can be extremely costly.
What if I'm partially at fault under Texas law?
Under Texas’s modified comparative negligence rule, your compensation will be reduced by your percentage of fault, as long as you’re not more than 50% responsible. For example, if you’re 30% at fault and have $10,000 in damages, you can recover $7,000.
Is Self-Representation Right for You?
While handling your own personal injury claim is legally permissible in Texas, it requires significant time, research, and attention to detail. Many self-represented claimants discover the process is more complex and stressful than anticipated, especially while recovering from injuries.
⚠️ If the system feels overwhelming, it’s because it’s built that way. Knowing when to bring in backup could mean the difference between a fair payout and financial ruin.
West Texas Tough means embracing a warrior’s mindset. We’re trial lawyers. And we’re not afraid of a fight. While most lawyers these days talk about settlement and negotiation, we rely on our years of trial experience. And while there is certainly a place in the legal system for negotiation, West Texas Tough means bringing the fight to our opponent.
At Keith & Lorfing, we offer free consultations to help you understand your options. Even if you ultimately choose to represent yourself, a single consultation can provide valuable guidance on potential obstacles and opportunities in your case.
Injured and seeking justice? Contact us online or call us today at (325) 246-9410 for immediate help.
