If you or a loved one has been injured because of someone else’s negligence, you may be wondering whether filing a personal injury lawsuit in Texas is the right step. A lawsuit is often the most effective way to protect your right to fair compensation, covering medical bills, lost wages, future care, and even pain and suffering.
At the same time, it’s essential to understand that the civil process in Texas has rules, deadlines, and strategic decisions that can significantly affect the outcome of your case. For example, Texas law generally gives you two years from the date of the injury to file a lawsuit. The state also follows a modified comparative fault system, which means that if you are found partly at fault for the accident, your compensation may be reduced in proportion to your share of responsibility. These two factors alone shape nearly every case filed in Texas courts.
At the Cain Firm, we offer aggressive representation to help clients pursue fair compensation in accordance with Texas law governing personal injury cases. If you are considering taking legal action, our team is here for you. We will listen to your story, explain your options, and fight relentlessly to protect your rights from day one.
If you are on the verge of filing a personal injury lawsuit and are overwhelmed with the details, this blog is for you. In this blog, we will explain the step-by-step process so you know exactly what to expect when filing a personal injury lawsuit in Texas.
1) Before Filing: Evaluating Whether You Have a Viable Personal Injury Claim
1.1 Elements of a typical personal injury claim
To have an actionable lawsuit in Texas, you generally must show:
- Duty: The defendant owed you a legal duty (for example, drivers owe others a duty to drive safely).
- Breach: The defendant breached that duty (e.g., negligence, careless behavior).
- Causation: The breach caused your injury (both cause in fact and proximate cause).
- Damages: You suffered measurable harm (medical expenses, lost wages, pain and suffering).
Establishing these elements requires factual investigation with police reports, witness statements, photos, and medical records.
Unsure whether you have a case? Contact Cain Firm. Consultation is free. Clients are not charged attorney’s fees unless we recover compensation; however, court costs and case expenses may be the client’s responsibility if not recovered. We will review the facts and tell you the best next step for personal injury settlement.
1.2 Types of personal injury claims commonly filed in Texas
Let’s look at the types of personal injury claims filed in Texas:
- Motor vehicle collisions (car, truck, motorcycle, pedestrian)
- Premises liability (slip-and-fall, inadequate security)
- Product liability (defective goods)
- Workplace injury cases that fall outside workers’ comp (third-party suits)
- Medical malpractice and specialized actions (which have extra pre-suit requirements)
If your injury fits one of these categories, contact the Cain Firm to discuss your legal options. We will connect you with a personal injury lawyer experienced in that claim type.
1.3 The importance of timely medical care and documentation
Medical records are the backbone of personal injury claims.
They help you:
- Link your injuries to the accident.
- Show the severity and prognosis.
- Provide objective proof for damages (bills, tests, prescriptions).
Seeing a doctor immediately and following recommended treatment avoids arguments by insurers that your injury has nothing to do with the accident.
If you haven’t seen a doctor after an injury, seek care and call the Cain Firm. Our personal injury attorneys will help document the link between the accident and your treatment.
2) Statute of limitations and special deadlines in Texas
2.1 The basic deadline is two years for most personal injury claims
Texas law generally requires you to bring a personal injury lawsuit within two years from the date the cause of action accrues (usually the date of injury). This limitation is codified in the Texas Civil Practice & Remedies Code. Missing that deadline normally bars your lawsuit.
2.2 Exceptions and special rules (tolled or extended deadlines)
There are exceptions and special rules that can change that clock:
- Discovery rule: For some latent injuries, the clock may begin when the injury was discovered or reasonably should have been discovered.
- Claims against governmental units: Suits versus cities, counties, or state entities often require pre-suit notices and have particular deadlines; see Chapter 101 of the Texas Civil Practice & Remedies Code.
- Medical malpractice: Malpractice and certain other claims may have pre-suit notice or expert-report requirements and slightly different timelines. See Chapter 74 for medical liability procedures.
Because of the varying deadlines, early legal review is of utmost importance. The Cain Firm spots and preserves deadlines to avoid losing your right to sue.
3) Pre-suit investigation and demand (what you should expect first)
Before a lawsuit is filed, most Texas claims pass through an intensive pre-suit phase:
3.1 Evidence collection
Your lawyer will begin by collecting:
- Police and incident reports;
- Photographs and video (crash/scene surveillance);
- Witness statements;
- Medical records and bills;
- Employment records showing lost income.
This evidence forms the claim narrative and helps estimate damages. The Cain Firm emphasizes early evidence preservation because footage and witness memories fade over time.
3.2 Calculating damages
Damages in a Texas personal injury lawsuit generally fall into two categories. Economic damages cover measurable financial losses such as medical bills, rehabilitation costs, lost income, and future care expenses you may need. Non-economic damages compensate for less tangible but equally real harm through things like pain and suffering, emotional distress, or loss of enjoyment of life.
In some cases, Texas law also places limits (called damage caps) on certain types of recovery, such as medical malpractice claims. This means not every case will qualify for unlimited compensation, and the specific facts of your situation will influence what is realistically recoverable.
At Cain Firm, our personal injury-focused attorneys can evaluate your case to give you a clearer picture of the potential outcome. We work diligently to protect your rights and pursue the compensation you may be entitled to under Texas law. Past results do not guarantee future outcomes. Each case is unique and depends on its specific facts.
3.3 Pre-suit communications: negotiations and demand letters
A standard next step is sending a demand letter to the defendant or insurer. A demand letter is a formal statement of the facts, your injuries, and a proposed settlement amount. Consider it the starting point for negotiations, where your attorney clearly lays out why the other party is responsible and what fair compensation should look like. The insurance company may respond with a counteroffer or even try to dispute liability, but this is where having strong legal representation makes all the difference.
Let the Cain Firm handle the investigation, paperwork, and negotiations. Contact us today to get started with a thorough pre-suit evaluation.
4) Filing the lawsuit: The paperwork and initial court steps
If pre-suit negotiation fails or early litigation is strategically warranted, your attorney will file a lawsuit.
4.1 Complaint (petition) and service of process
Filing begins when the plaintiff’s attorney files a petition (the document that explains the facts, legal theories, and requested damages) in the appropriate Texas court. The defendant(s) must be served with a copy so the court has jurisdiction to act. Courts and clerks have standard civil forms and e-filing procedures you or your lawyer will follow.
4.2 Response: answer and affirmative defenses
After service, the defendant usually has a window to answer (admit or deny allegations) and may raise affirmative defenses (e.g., contributory fault, statute of limitations). Counsel may also file motions such as motions to dismiss or special exceptions if the petition is legally insufficient.
Filing a petition and serving defendants requires precision. The Cain Firm handles these steps and makes sure your case proceeds properly.
5) Discovery: The fact-finding phase
Discovery is where both sides collect evidence from each other and third parties. It’s often the lengthiest and most document-heavy stage.
5.1 Typical discovery tools
Let’s look at some of the typical discovery tools:
- Interrogatories (written questions)
- Requests for production (documents, medical records, video)
- Requests for admission (admit or deny statements)
- Depositions (sworn, out-of-court oral testimony of parties, witnesses, or experts)
Discovery allows your lawyer to build a case narrative, test defenses, and obtain admissions.
5.2 Medical releases and privacy
Defendants commonly request medical records to challenge damages or causation. Counsel negotiates the scope of records produced and may object to overly broad requests. Plaintiffs should expect to produce records that are truly related to the injury.
The Cain Firm uses discovery strategically to obtain admissions, preserve testimony, and develop a compelling case for settlement or trial.
6) Expert witnesses: Building technical credibility
Serious personal injury cases often depend on experts to explain medical injuries, future care, accident reconstruction, and economic losses.
Common types of experts involved in injury cases include:
- Medical experts (orthopedists, neurologists, rehabilitation specialists)
- Life care planners (project future medical/care costs)
- Accident reconstructionists (explain how a crash occurred)
- Vocational experts and economists (calculate lost earning capacity)
Texas rules require expert disclosures and often set deadlines for exchanging expert reports. Specialized injury law firms have access to qualified experts who can credibly support claims at mediation or trial.
Need help building technical credibility? Call the Cain Firm to discuss an expert strategy.
7) Motions practice and pretrial rulings
As discovery progresses, parties typically file motions to resolve legal disputes before trial.
7.1 Typical motions you may see
Let’s look at some of the most common motions:
- Motion to exclude evidence (Daubert / Frye challenges in some contexts)
- Summary judgment: Asking the court to rule without a trial because no material factual dispute exists.
- Motions in limine: To exclude prejudicial evidence at trial.
Outcomes on these motions can dramatically alter settlement value or whether the case proceeds to trial. The Cain Firm prepares and defends these motions to preserve your strongest legal theory.
8) Settlement negotiations and mediation
Most Texas personal injury cases resolve before trial. Skilled negotiation and mediation are central to achieving fair results.
8.1 How settlement talks typically proceed
- Demand letter → insurer response → further discovery → mediated negotiation
- Insurers may make multiple offers; your lawyer evaluates each against damages and trial risk.
8.2 Mediation
A neutral mediator facilitates settlement discussions. Mediation is nonbinding and often accelerates resolution. Many courts require or encourage mediation. The Cain Firm prepares a strong mediation presentation and values offers against what a jury is likely to award.
Seeking a fair settlement? The Cain Firm negotiates with insurers and prepares persuasive mediations that protect your future.
9) Trial: What to expect if your case goes to court
Trials are public, structured, and governed by evidentiary rules.
9.1 Jury selection and trial phases
Here’s how the trial phase follows:
- Voir dire (jury selection)
- Opening statements
- Plaintiff’s case-in-chief (witnesses, documents, experts)
- Defense case
- Closing arguments
- Jury instructions and deliberations
- Verdict
Trials can last from a day to several weeks, depending on complexity.
9.2 Post-trial motions and appeals
After the verdict, parties can file post-trial motions or appeal legal rulings. Appeals are governed by strict procedural rules and timelines. Your trial counsel coordinates these next steps if necessary.
If a trial is required, you want an experienced courtroom team. The Cain Firm has trial-tested attorneys ready to present your case.
10) Damages, caps, and how awards are calculated
10.1 Types of damages you can seek
You can seek compensation for the following damages:
- Economic: past and future medical expenses, lost wages, and property damage.
- Non-economic: pain and suffering, loss of enjoyment of life, emotional distress.
- Punitive damages: in rare intentional or egregious cases (subject to statutory limits).
10.2 Damage caps and statutory limits
Texas law includes statutes that limit certain damages in particular categories of cases. Chapter 41 of the Civil Practice & Remedies Code addresses damages limits and their applicability; your attorney will determine whether caps apply to your claim.
10.3 Effect of comparative fault
Texas applies proportionate responsibility, i.e., your percentage of fault reduces your award. If your percentage of responsibility is greater than 50%, you generally cannot recover. This modified comparative fault rule is codified in state law.
Determining damages requires legal and economic analysis. Let Cain Firm help you accurately quantify your losses and pursue fair compensation for your injuries.
11) Suing a governmental entity or public employee
Suing a government unit (city, county, state agency) is possible but has special rules.
11.1 Notice and procedural requirements
Claims against governmental units often require pre-suit notices and follow distinct procedures under Texas law. Deadlines may differ, and failing to follow required notice procedures can bar a claim. For example, before suing certain entities, you may need to present a written notice of claim within a short statutory period.
11.2 Liability limits and different rules
Governmental liability and relief can be limited by statute; some governmental defendants have immunity except where the statute expressly waives it. For these reasons, claims against public entities require specialized handling.
If your claim involves a government actor, contact the Cain Firm immediately. We will ensure all notices and procedural steps are handled properly.
12) Costs, attorney fees, and contingency arrangements
12.1 Contingency fee basics
Most personal injury firms, including the Cain Firm, work on a contingency fee basis for injury claims: you pay attorney fees only if the firm recovers money on your behalf. The exact fee percentage is agreed in a written fee contract and is often structured to cover the lawyer’s time, risk, and case expenses.
12.2 Case costs and who pays
Litigation incurs expenses (experts, filing fees, depositions, medical record retrieval). Typically, the firm advances reasonable case costs and is reimbursed from any recovery. The fee agreements should clearly explain these terms.
Want transparent fee terms? The Cain Firm provides a clear written agreement explaining contingency fees and costs. Call for details and a FREE personal injury lawyer consultation.
13) Practical tips for plaintiffs during litigation
- Document everything: Keep medical bills, receipts, time missed from work, and a symptom journal.
- Preserve evidence: Don’t discard clothing or repair receipts. Preserve photos and videos.
- Follow medical advice: Missing appointments can hurt credibility.
- Avoid social media traps: Do not publicly post details about your case or injuries. Defense teams monitor social media closely.
- Be candid with your lawyer: Full disclosure helps counsel prepare and avoid surprises.
Filing a personal injury lawsuit in Texas is a structured and often complex process. It includes multiple phases, from gathering evidence quickly and meeting strict deadlines to working with experts, negotiating settlements, or preparing for trial. Understanding what to expect reduces stress and strengthens your chances of securing the compensation you deserve.
That’s where the Cain Firm makes the difference. With experienced trial lawyers, a client-first approach, and a no-upfront-fee policy with FREE consultations, you will have a dedicated team on your side every step of the way.
If you have been injured due to someone else’s negligence, don’t face the legal system alone. Contact the Cain Firm today, and we will review your case, explain your options, and ensure your rights are protected from the very beginning.