How personal injury attorneys get paid
This is the part that surprises most people, and it is genuinely different from other areas of law.
Personal injury attorneys almost always work on contingency. You pay nothing upfront. The attorney takes an agreed percentage of whatever they recover, and if they recover nothing, you owe no attorney fee. The percentage is commonly somewhere in the range of a third to forty percent, and it often increases if the case has to be filed as a lawsuit or goes to trial, because the work involved goes up substantially.
Two things to understand about that arrangement:
Case expenses are separate from the attorney fee. Filing fees, medical records, expert witnesses, and depositions cost money, and the agreement should spell out who advances those costs and how they are handled at the end. Ask before you sign.
Because the attorney only gets paid if you recover, they are selective about which cases they take. If an attorney turns your case down, it is usually about liability or damages, not about you.
Deadlines that matter
Texas generally gives you two years from the date of injury to file a personal injury lawsuit. If you miss that window, your claim is usually barred no matter how strong it was.
Two years sounds like a long time. It is not, once you account for treatment, negotiation, and the fact that evidence gets harder to gather as time passes. Witnesses move. Vehicles get repaired or scrapped. Surveillance footage gets overwritten, often within weeks.
How fault works in Texas
Texas uses what is called modified comparative fault. In plain terms, your recovery is reduced by your share of the blame, and if you are found more than fifty percent responsible, you recover nothing.
This is why insurance adjusters ask questions designed to get you to accept some share of fault, and why attorneys generally advise against giving a recorded statement to the other side's insurer before you have talked to someone.
Common types of personal injury cases
Car accidents. The most common by far. Includes rear-end collisions, intersection accidents, and hit and run.
Commercial truck accidents. Handled differently from car accidents because of federal trucking regulations, commercial insurance policies, and the number of parties potentially involved.
Premises liability. Injuries that happen on someone else's property, including slip and fall, inadequate security, and dangerous conditions. These turn on what the property owner knew or should have known.
Workplace injuries. Texas is unusual in that employers are not required to carry workers compensation. Whether your employer subscribed changes your options significantly.
Wrongful death. Under the Texas wrongful death statute, the state strictly dictates which specific family members have legal standing to sue, and establishes a rigid timeline to file. Not every grieving relative can bring a claim, and the deadline is unforgiving. If you have lost someone, find out early whether you are among those who can file.
What to look for in a personal injury attorney
Ask what percentage they take, and whether it changes if the case is filed or goes to trial. Get it in writing.
Ask how case expenses are handled. Specifically, who advances them, and whether they come out of the settlement before or after the attorney fee is calculated. That distinction changes what you actually take home.
Ask how many cases like yours they handle. A truck accident with federal regulations at issue is different work than a straightforward rear-end collision.
Ask who your point of contact will be. In high-volume practices, most of your communication may be with a case manager rather than the attorney. That is not automatically bad, but you should know going in.
Ask whether they try cases. Insurance companies track which attorneys actually take cases to trial and which always settle. It affects negotiation.
What to do after an accident
Get medical attention, and keep going to your appointments. Gaps in treatment are one of the first things an insurer will point to.
Document everything while it is fresh. Photos of the scene, the vehicles, and your injuries. Names and numbers of any witnesses. The police report number.
Be careful with recorded statements. You generally have to cooperate with your own insurer. You are usually under no obligation to give a recorded statement to the other driver's insurance company.
Do not accept a quick settlement offer before you know the extent of your injuries. Some injuries take weeks to fully surface, and a settlement is final.
How Law Book helps
Law Book is a free app that helps you find licensed Houston-area attorneys. You tell it what you are dealing with and where you are, and it shows you licensed attorneys who handle that type of case. You choose who to contact, and you contact them directly.
Attorneys are shown in random order. No attorney can pay to appear first or higher. There is no paid placement on Law Book. We do not sell your information, and we are not paid a referral fee for any case.
Personal injury attorneys work on contingency, so there is no upfront cost to you either way.
Law Book is a filtered attorney advertising platform. It is not a law firm, not a referral service, and nothing here is legal advice.
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