Should You Take the Insurance Company’s First Offer?

After a car accident, the first settlement offer from the insurance company might arrive quickly, sometimes within days. It can be tempting to take the money and move on, especially when you’re dealing with pain, confusion, and the hassle of getting your car repaired. But rushing into a decision could leave you with a settlement that doesn’t fully cover your expenses.

Why Insurance Companies Make Quick Settlement Offers

Insurance companies don’t act fast out of generosity. The goal behind early settlement offers is to close the case quickly and for the lowest amount possible. When you’re stressed and unsure of your rights, you may be more likely to accept whatever is on the table, without knowing if it’s enough.

Here’s why those offers come so quickly:

• They want to limit their liability. The earlier you settle, the less time you have to discover injuries, get legal advice, or calculate long-term expenses.
• They capitalize on stress and uncertainty. After a crash, you’re not likely to be in the best frame of mind to make major financial decisions.
• They avoid further costs. Fast settlements reduce the chances of legal involvement, ongoing treatment claims, or wage reimbursement.

A 2023 Insurance Research Council study found that nearly 60% of people who accepted a first offer later felt it wasn’t enough to cover their total costs. This highlights the need for careful consideration before accepting any deal.

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What the First Offer Typically Includes (And Omits)

While the first settlement may seem generous at first glance, a deeper look often reveals significant gaps.

Usually Included	Often Missing
Vehicle repair estimates	Future medical costs
Immediate medical expenses	Pain and suffering compensation
Emergency services	Long-term physical therapy or rehab
Police report summary	Lost income or reduced earning potential

Initial offers may only reflect short-term expenses, leaving you to cover the rest. This can be especially problematic if injuries worsen over time or if complications arise that require additional treatment.

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How to Evaluate Whether the Offer Is Fair

Not every offer is automatically unfair, but without thorough evaluation, it’s hard to know. Here’s how to determine if you’re being offered a reasonable amount:

1. Review all expenses. Total your current medical bills, car repair costs, out-of-pocket payments, and lost income.
2. Factor in long-term needs. Injuries can take weeks or months to fully heal. Consider future treatment or recovery time.
3. Compare repair and treatment quotes. Get at least two or three assessments from medical providers and auto repair shops.
4. Gather evidence of liability. Fault is a major factor in claim value. Make sure the offer reflects your level of responsibility, if any.
5. Check similar cases. Online settlement calculators or legal consultations can help you understand whether the offer aligns with others in similar situations.

The more complete your documentation, the more informed your decision.

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When You Might Consider Accepting the First Offer

There are scenarios where the first offer might actually be fair and worth taking—especially when:

• The accident involved no injuries.
• Your vehicle damage is minimal and fully covered.
• You’ve already had the damage professionally assessed and the offer matches that amount.
• You need the payout quickly and have no ongoing costs related to the crash.

If all your expenses are accounted for and the amount seems reasonable based on outside evaluations, accepting may be the simplest route.

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Why Speaking With a Personal Injury Attorney Helps

Even a short consultation with an attorney can provide clarity. Legal professionals know how to evaluate claims, communicate with insurers, and push for better outcomes.

Here’s how an attorney can support your case:

• Accurate claim valuation: They can assess what your claim is truly worth, including factors you might overlook.
• Strong negotiation: Attorneys speak the language of insurers and won’t be pressured by quick offers.
• Lower stress: Legal representation shifts the burden of paperwork and communication off your shoulders.

According to a 2022 Nolo survey, people who hired attorneys for car accident claims received settlements averaging 3.5 times higher than those who handled claims alone.

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Steps to Take Before Responding to the Offer

Before you make any decisions, take these steps to protect your interests:

• Request the offer in writing. Verbal agreements won’t hold up if there’s a dispute later.
• Ask for a detailed breakdown. Make sure you understand how they calculated the offer.
• Document every expense. Keep all medical reports, repair bills, photos of damage, and any communications with providers.
• Consult with a doctor. Even if you feel okay, some injuries appear days or weeks later.
• Consider a counteroffer. If you find that the first offer is too low, you have the right to submit a demand for more—supported by documentation.

Taking time to prepare your response allows you to pursue a settlement that actually reflects your situation.

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FAQs about Insurance Company First Offers

What should I do if the offer seems too low?
Gather all relevant documents and request a review. You can submit a counteroffer backed by evidence or speak with a personal injury attorney to negotiate on your behalf.

Can I negotiate a better settlement without a Houston lawyer?
Yes, but it can be challenging. Insurance adjusters are trained negotiators. If your damages are significant, legal representation may increase your chances of a fair result.

Will rejecting the first offer delay my claim?
It might, but often, it’s worth the wait. Delays can lead to better settlements if more documentation supports your case.

Is the insurance adjuster on my side?
No. Adjusters work for the insurance company and their job is to minimize payout costs—not to advocate for you.

Can I reopen a claim after accepting an offer?
In most cases, no. Once you accept and sign a release, the claim is closed—even if new expenses come up later.

source https://ellisandthomas.wordpress.com/2025/09/10/should-you-take-the-insurance-companys-first-offer/

Which roads in Houston have the highest risk for car accidents?

Houston ranks among the most dangerous metro areas in the U.S. for drivers. With rapid population growth, sprawling infrastructure, and rising traffic volume, the city’s roads have become hotspots for serious and fatal crashes. Understanding which roads present the highest risks can help both residents and visitors take precautions where it matters most.

Houston’s Most Dangerous Highways & Freeways

Several major highways in Houston are consistently ranked among the most perilous in the country. These routes carry heavy volumes of commuters and commercial traffic, often through outdated designs and high-speed zones.

Interstate 45 (I‑45)
This corridor tops multiple lists for dangerous roads in Texas. Between 2015 and 2024, fatalities jumped from 368 to 546. Contributing factors include chronic congestion, aggressive lane changes, and rampant distracted driving. I‑45 cuts through central Houston, connecting key neighborhoods and employment hubs—making it unavoidable for many, but notoriously high-risk.

Interstate 10 (I‑10)
Stretching across the entire metro, I‑10 is one of the busiest thoroughfares in Houston. Construction zones and unpredictable traffic patterns make it especially risky. Sudden slowdowns, rear-end collisions, and construction-related detours are common causes of crashes.

U.S. 59 and Loop 610
These arteries see a combination of high-speed merging, tight turns, and frequent bottlenecks. Loop 610, in particular, is a circular freeway with complex interchanges that often confuse unfamiliar drivers.

Top Risk Factors on Freeways:

• Speeding in variable traffic flow
• Distracted driving in construction zones
• Insufficient barriers or shoulder space
• Mixed traffic between passenger cars and large trucks

Practical Tip: Use real-time navigation apps with traffic hazard alerts. Consider alternate surface roads during peak hours if possible.

High-Risk Arterials and Local Roads

Houston’s surface streets can be just as dangerous—especially at intersections. Unlike highways, these roads are more likely to mix pedestrian, cyclist, and vehicular traffic, increasing the chances of fatal interactions.

Bissonnet Street
Often referred to as the city’s most dangerous road, Bissonnet has a tragic track record of fatal crashes. Narrow lanes, inconsistent lighting, and pedestrian crossings create complex driving conditions.

FM 1960 and Highway 6
These major suburban thoroughfares account for nearly half of all intersection-related crashes in the greater Houston area. Their mix of residential access points and shopping centers leads to unpredictable stop-and-go traffic.

Dangerous Intersections Include:

• Gessner & Westpark
• McCarty & Loop 610
• Bellaire & Fondren
• Airline & Tidwell

Many of these areas are the focus of recently approved safety investments. A $10.1 million federal grant was allocated to improve lighting, sidewalks, and road markings along Bissonnet and Airline Drive.

Crash Profile by Location Type:

Road Segment	Common Risk	Planned Improvements
Bissonnet Street	Poor lighting, speeding	Pedestrian-focused upgrades
FM 1960	High-speed intersections	Signal timing, signage
Gessner & Westpark	Complex turn patterns	Lane marking adjustments

Contributing Factors Behind Dangerous Roads

Houston’s road dangers don’t come from design alone. Behavioral trends and environmental conditions also play a major role.

Driver Behavior Risks:

• Cellphone use remains one of the most frequent causes of serious crashes. Distracted driving is involved in a large share of fatal wrecks.
• Road rage has reached alarming levels. Houston recorded 207 of 215 road rage shootings nationwide in a recent year.
• Speeding persists as a leading factor in both urban and suburban zones.

Infrastructure Weaknesses:

• Houston’s shifting clay soils often result in uneven road surfaces and potholes.
• Sudden rain events can flood intersections, especially those with poor drainage.
• Some redesign projects have been downsized or delayed, such as the once-promising but now limited updates to Telephone Road.

Law Enforcement Response:
The city has responded with heightened patrols, especially on highways like I‑45 and US‑59. Campaigns include mobile speed traps and public awareness drives. Yet many safety advocates emphasize that lasting change will depend on redesign, not just enforcement.

Data & Safety Trends Snapshot

A closer look at local crash data shows how urgent the road safety issue has become.

Harris County Crash Overview (2023):
Traffic Crash Report

• Fatal crashes: 501
• Total traffic deaths: 533
• Total collisions: Over 116,000
• Fatal crash rate: 0.43%

While the number of crashes continues to climb, so does the city’s effort to reduce them. Houston’s Vision Zero initiative focuses on eliminating traffic deaths through smarter infrastructure, public education, and enhanced city planning. One major tool is the High Injury Network (HIN)—a data-driven list of roads most in need of redesign.

Fatal Crash Trends (Harris County):

• 2021: 472 fatalities
• 2022: 486 fatalities
• 2023: 533 fatalities

Most incidents happen on non-highway roads, reinforcing the importance of improvements beyond just freeways.

FAQs about Dangerous Roads in Houston

Which road has the most fatal crashes in Houston?
Bissonnet Street currently holds the highest fatal crash count among local roads in Houston.

Why is I‑45 considered so dangerous?
I‑45 sees high-speed traffic combined with heavy congestion, making it prone to sudden slowdowns, aggressive lane changes, and high-severity collisions.

What intersections should drivers avoid during peak hours?
Gessner & Westpark, Bellaire & Fondren, and Airline & Tidwell are among the most dangerous intersections, especially during evening rush hour.

Is road rage really a major problem in Houston?
Yes. Houston has one of the highest rates of road rage-related violence in the country, including incidents involving firearms.

Are city officials doing anything to improve road safety?
Yes. Multiple redesign projects, public grants, and traffic enforcement initiatives are underway, especially through programs like Vision Zero and the High Injury Network.

source https://ellisandthomas.wordpress.com/2025/09/03/which-roads-in-houston-have-the-highest-risk-for-car-accidents/

Were you injured in an Uber, Lyft, or other rideshare accident in Texas?

What to Do After an Uber, Lyft, or Rideshare Accident in Texas: Advice from Houston Attorneys

Rideshare services like Uber and Lyft have become a routine part of life for millions of Texans. But when a rideshare trip ends in a crash, knowing what to do next can feel overwhelming. If you’ve been injured in a rideshare accident. Whether as a passenger, driver, or pedestrian; your actions in the hours and days that follow are crucial.

Houston-based attorneys Cameron Ellis and Don Thomas II of Ellis & Thomas, PLLC share key steps every rideshare accident victim should follow to protect their health, legal rights, and ability to recover compensation.

Prioritize Your Health and Safety Immediately

After a collision, your body may be flooded with adrenaline, which can hide the signs of serious injuries. Even if you feel fine, injuries such as soft tissue damage, concussions, or internal bleeding may not show symptoms right away.

Take these steps to protect yourself:

• Call 911 or ask someone else to do so immediately
• Accept medical attention from paramedics at the scene
• Go to the ER or urgent care for a full medical evaluation
• Describe all symptoms, even if they seem minor
• Follow up with your doctor and save all medical records

Watch for delayed symptoms such as:

• Headaches or blurred vision
• Dizziness or loss of balance
• Abdominal pain or deep bruising
• Numbness or tingling in limbs
• Neck or back stiffness

Medical documentation not only supports your recovery but also provides critical evidence if you later file a claim. As attorney Don Thomas II notes, “Getting prompt medical care helps ensure you’re safe and helps validate your case.”

File a Report with Authorities and Notify the Rideshare Company

In Texas, any accident that causes injury or over $1,000 in property damage must be reported to law enforcement. If officers don’t respond to the scene, you’re still required to file a crash report with the Texas Department of Transportation.

Equally important: Notify the rideshare company using the app.

• Uber and Lyft both include crash reporting features
• Save confirmation of your submission
• Take screenshots of your trip details, ride receipt, and any chats with the driver

Failing to report the crash promptly can weaken your claim, especially if the company disputes the facts or your injuries later on.

Quick checklist:

• File or request a police report
• Submit an incident report through the rideshare app
• Save receipts, ride details, and communications

Document the Scene if You’re Physically Able

If you’re not seriously hurt, gathering evidence at the scene can be invaluable. Details fade quickly, and it’s easy for key facts to be misrepresented later.

Capture this information on your phone:

• Photos of all vehicles, including damage, positions, and license plates
• The rideshare driver’s name, contact, and car insurance
• Names and contact info for any other drivers or witnesses
• Street signs, skid marks, and weather or lighting conditions

Also, take a screenshot of your ride details, including the driver’s profile, pick-up and drop-off locations, and time of the trip.

Things people often forget:

• Wide shots showing vehicle positions
• Any visible injuries
• Traffic signals or stop signs nearby
• Video or voice memos describing what happened

Avoid Speaking with Insurance Adjusters Without Legal Advice

After a crash, insurance representatives, sometimes from Uber or Lyft’s carriers, sometimes from private insurers, may contact you quickly. They may sound friendly, but their goal is often to minimize payouts.

You are not required to give a statement.

Some tactics adjusters may use:

• Asking leading questions to suggest you were at fault
• Requesting a recorded statement before your injuries are fully known
• Offering fast, low-dollar settlements in exchange for waiving future claims
• Asking for access to full medical histories to argue your injuries were pre-existing

Attorney Cameron Ellis advises, “Insurance companies will use anything you say early on against you. Even an honest, offhand comment can reduce your recovery.”

It’s always best to consult a lawyer before speaking to insurers, especially when multiple policies and parties are involved.

Understand Whose Insurance Pays in a Rideshare Crash

One of the most complex parts of a rideshare accident is determining which insurance policy applies. Uber and Lyft drivers are considered independent contractors, not employees, so liability shifts based on their app activity.

Here’s how coverage typically breaks down:

Driver Status	Coverage Provided
App OFF	Driver’s personal insurance only
App ON, waiting for ride	Contingent liability ($50K/$100K/$25K limits)
Ride accepted or ongoing	$1 million in third-party liability coverage

Uber and Lyft also provide:

• Contingent comprehensive and collision (if the driver has personal coverage)
• Uninsured/underinsured motorist coverage (varies by state and situation)

If another driver caused the crash, their insurance is primary. If the rideshare driver was at fault during an active trip, Uber or Lyft’s policy may apply.

This layering can lead to delays and disputes, especially when multiple insurers point fingers. That’s one reason why legal representation can make a difference.

Call a Texas Rideshare Accident Attorney You Can Trust

Navigating the aftermath of a rideshare crash can be legally and emotionally draining. Ellis & Thomas, PLLC has deep experience handling these cases and understands how Texas law intersects with Uber and Lyft’s corporate policies.

They help injured clients recover compensation for:

• Hospital bills and ongoing treatment
• Lost wages and reduced earning capacity
• Pain, suffering, and emotional distress
• Future rehabilitation needs

Initial consultations are free, and they only get paid if you win. That means you can focus on healing while they focus on your case.

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FAQs about Rideshare Accidents in Texas

What if I was in a rideshare but the other driver caused the accident?
You may still be eligible for compensation from the other driver’s insurance, Uber or Lyft’s uninsured motorist policy, or both depending on the facts.

Can I sue Uber or Lyft directly?
Usually not. Since drivers are independent contractors, lawsuits typically target the driver or their insurer, though exceptions can apply in extreme negligence cases.

How long do I have to file a claim in Texas?
Texas generally gives you two years from the date of the crash to file a personal injury lawsuit. Starting sooner helps preserve evidence and witness accounts.

Will my own auto insurance cover anything if I was a passenger?
Yes—your personal policy may provide coverage under medical payments (MedPay) or personal injury protection (PIP), even if you weren’t driving.

What if the rideshare driver wasn’t using the app at the time?
Then their personal insurance is likely the only policy in play. If you were a passenger in another vehicle, your own coverage may also be involved.

source https://ellisandthomas.wordpress.com/2025/08/27/were-you-injured-in-an-uber-lyft-or-other-rideshare-accident-in-texas/

Who Pays Your Medical Bills After a Texas Car Accident?

Getting hurt in a car accident is stressful enough—but figuring out who covers your medical bills afterward can be just as overwhelming. Whether you’re dealing with emergency treatment, follow-up care, or long-term recovery, knowing your rights and options in Texas can help protect your financial well-being.

Let’s walk through how medical bills are handled after a car crash in Texas and what steps you can take to make sure you’re not left with the costs.

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Immediate Medical Costs After an Accident

After a collision, the first priority is medical attention. That care often comes with a hefty price tag, especially if it involves emergency response.

Typical immediate costs include:

• Ambulance transport ($500–$1,200+)
• Emergency room evaluation (average $3,300)
• Diagnostic imaging (X-rays, MRIs, CT scans)
• Initial hospital stay or surgery
• Follow-up urgent care or prescription medications

These services are typically billed to the injured person. If you have health insurance, it may cover a portion upfront, depending on your deductible and coverage terms. Without insurance, providers may offer limited payment options—or wait for a pending settlement if they’re informed a legal claim is underway.

It’s important to keep detailed records of all bills, invoices, and receipts to support your insurance claim or legal case later.

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Texas Auto Insurance Laws and Medical Bill Responsibility

Texas operates under a fault-based car insurance system. That means the person responsible for causing the accident (and their insurance company) is legally required to pay for the damages—including your medical expenses.

Here’s how it typically works:

• The at-fault driver’s bodily injury liability coverage pays for the injured party’s medical costs.
• If you have Personal Injury Protection (PIP) or Medical Payments (MedPay) on your own policy, these can cover your expenses faster—regardless of fault.
• Your medical bills are usually not paid until after a claim is resolved, unless you use PIP, MedPay, or health insurance.

Minimum Texas liability insurance requirements:

Coverage Type	Minimum Required
Bodily Injury (per person)	$30,000
Bodily Injury (per accident)	$60,000
Property Damage	$25,000

Keep in mind, these are just minimums. If your medical costs exceed the at-fault driver’s coverage, you’ll need to explore additional options for compensation.

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Health Insurance and Medical Liens

If you use your health insurance to pay for treatment after a car accident, your insurer may expect repayment later if you receive a settlement.

This is where subrogation comes into play. Your health insurer can place a claim on your settlement to recover what they paid. Likewise, hospitals may place a medical lien on your case to ensure they’re reimbursed.

In Texas, a valid hospital lien must:

• Be filed within 180 days of treatment
• Be sent to the appropriate county clerk
• Include only treatment provided within 72 hours of the accident

Failing to address these liens during your case can reduce the money you ultimately receive. A personal injury attorney can negotiate with medical providers and insurers to reduce or settle these liens fairly.

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When the At-Fault Driver Is Uninsured or Underinsured

If the driver responsible for the crash doesn’t have insurance—or doesn’t have enough coverage to pay for your medical bills—you may still have options.

That’s where Uninsured/Underinsured Motorist (UM/UIM) coverage can help. This optional policy addition allows you to file a claim with your own insurer when the at-fault party can’t pay.

UM/UIM helps in situations like:

• Hit-and-run accidents
• Drivers with no insurance
• Drivers with low liability limits that don’t cover your total expenses

To successfully claim UM/UIM benefits, you’ll need to prove the other driver was at fault and uninsured or underinsured. Documentation from the scene, witness statements, and police reports can strengthen your case.

If you don’t have UM/UIM and the at-fault driver can’t pay, you may need to file a lawsuit—but collecting from an uninsured person can be difficult, even with a court judgment.

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Role of Car Accident Attorneys in Recovering Medical Costs

When you’re injured and dealing with growing medical bills, legal support can make a significant difference. A car accident attorney serves as your advocate, making sure you’re not taken advantage of by insurers or overwhelmed by red tape.

What an attorney can do:

• Investigate your case and gather key evidence
• Identify all possible insurance coverage sources
• File a claim and negotiate with adjusters
• Handle hospital liens and insurer subrogation
• File a lawsuit if a fair settlement isn’t offered

In Houston and throughout Texas, most personal injury attorneys work on a contingency fee basis. That means you don’t pay legal fees upfront—they’re taken as a percentage of your recovery.

Working with an attorney can also help you avoid costly mistakes that might reduce your payout, especially if your case involves complex medical billing, multiple insurers, or long-term injuries.

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FAQs About Medical Bills After a Car Accident in Texas

Do I have to pay my medical bills before receiving a settlement?
Yes. Unless you use PIP, MedPay, or health insurance, you’re typically responsible for bills as they come. Some providers may delay collection if a claim is in process.

Can I refuse medical treatment to avoid the cost?
You can, but it’s not recommended. Delaying care can hurt both your health and your case. Insurers may argue that a delay shows your injuries weren’t serious.

What happens if I don’t have health insurance or PIP?
You’ll be personally responsible for your medical bills. Providers may place liens or expect payment directly from your settlement.

Can hospitals take money from my settlement?
Yes, if they filed a valid lien. Your attorney can help reduce or negotiate those liens before funds are disbursed.

Is it worth hiring an attorney for a minor injury?
It depends on your situation. Even smaller claims can be denied or delayed. An attorney can help you avoid lowball offers and protect your rights.

source https://ellisandthomas.wordpress.com/2025/08/20/car-accident-who-pays-medical-bills-texas/

Texas Injury Claim Deadlines: When Time Runs Out to File

What You Need to Know About Personal Injury Deadlines in Texas

Texas law sets a firm time limit on how long you have to file a personal injury lawsuit. Miss that window, and your case may be dismissed—no matter how legitimate your injuries are. This article explains the legal timeframes, key exceptions, and what steps to take before it’s too late.

What Is the Statute of Limitations for Personal Injury in Texas?

In most personal injury cases, Texas allows you two years from the date of the incident to file a lawsuit. This deadline is established by Texas Civil Practice & Remedies Code §16.003 and applies broadly to injuries caused by negligence or intentional harm.

Common claims affected by this rule include:

• Motor vehicle accidents
• Premises liability (like slip and falls)
• Product liability
• Assault or battery
• Dog attacks
• Construction accidents

Important: Filing an insurance claim does not stop or pause the two-year limit. The lawsuit must be officially filed in court to satisfy the statute.

Typical timeframes under Texas law:

Claim Type	Deadline to File
Personal Injury	2 years from date of injury
Property Damage	2 years from damage date
Wrongful Death	2 years from date of death

Waiting until the last minute to act can be costly. Even if you’re negotiating a settlement, if the clock runs out before filing, you could permanently lose your right to compensation.

Exceptions That Can Extend the Deadline

While the two-year rule is the standard, Texas law makes limited allowances for certain situations where the deadline may be extended. These exceptions are known as “tolling” provisions.

Common exceptions include:

• Minors: If the injured party is under 18 at the time of the incident, the two-year clock doesn’t begin until they reach adulthood.
• Mental incapacity: If someone is legally incapacitated when the injury occurs, the timeline may pause until they are considered competent.
• Discovery rule: This applies in cases where the injury couldn’t have reasonably been discovered right away—such as a surgical error discovered months later.
• Absent defendants: If the person responsible for the injury leaves the state or avoids legal process, the statute may be paused until they can be located.

Here’s how these exceptions play out:

Scenario	Time Limit Begins When…
Minor is injured	They turn 18
Injury not immediately obvious	It’s discovered, or should’ve been
Defendant leaves Texas	They return or are served
Victim lacks mental capacity	They regain legal competency

Each exception comes with legal complexity, and courts rarely grant extensions without clear evidence. If you think an exception might apply, it’s important to get legal guidance as early as possible.

Claims Against the Government Have Shorter Deadlines

When a personal injury involves a public agency or government employee in Texas, the deadlines are much shorter—and far more rigid.

Under the Texas Tort Claims Act, you must give formal notice of your claim within six months of the injury. That notice must include:

• The date and location of the incident
• A detailed description of what happened
• The injuries or damages suffered

Some cities and counties have even tighter timeframes. For instance, municipalities like Houston or Austin may require notice within 60 or 90 days.

Examples of government-related claims:

• Being hit by a city vehicle or bus
• Slipping on a poorly maintained sidewalk owned by the city
• Injury due to negligence at a public school or park

Failing to provide notice in time often means the court won’t allow your lawsuit to proceed—even if the claim itself is valid.

What Happens If You Miss the Filing Deadline?

If you try to file a personal injury lawsuit after the statute of limitations has expired, the outcome is usually straightforward: your case will be dismissed.

Judges enforce the filing deadline strictly. Even a late filing by one day is typically enough to have the case thrown out. No amount of evidence or severity of injury can override a missed deadline—unless one of the few exceptions applies.

Beyond court dismissal, other consequences of missing the deadline include:

• No leverage with insurance companies: Insurers are unlikely to settle once they know you can’t sue.
• No chance of recovery: Medical bills, lost wages, and other damages must be covered out of pocket.
• Loss of legal rights: The law permanently bars you from pursuing compensation for the incident.

If there’s any uncertainty about how much time remains to file, don’t wait. Every day matters when the legal clock is ticking.

Steps to Take Before the Clock Runs Out

Time moves quickly after an accident. Taking early, organized steps can preserve your right to sue and strengthen your case.

Here’s what to do:

1. Get medical attention immediately. This protects your health and creates important medical records.
2. Document the scene and your injuries. Take photos, gather witness names, and collect physical evidence if possible.
3. File insurance claims promptly. Notify all relevant insurers, including your own.
4. Avoid social media. Public posts can harm your case.
5. Consult a qualified personal injury attorney. Early legal help can clarify deadlines and build your claim properly.
6. Track all expenses. Save receipts, bills, and proof of lost income.

Sample timeline for a smooth process:

• Week 1: Medical evaluation, incident report, initial legal consultation
• Weeks 2–4: Collect records, notify insurers, review liability
• Months 1–6: Consider settlement or file lawsuit (well before deadline)

Don’t assume that two years gives you plenty of time. Gathering evidence, dealing with insurance, and finding a lawyer can take months. Early action is the best defense against a missed opportunity.

FAQs about Texas Injury Claim Deadlines

What is the statute of limitations for most injury claims in Texas?
It’s two years from the date of injury. This includes car accidents, falls, dog bites, and most other personal injury claims.

Does filing an insurance claim satisfy the legal deadline?
No. Only a lawsuit filed in court meets the statute of limitations requirement.

Can the deadline be extended if I didn’t discover the injury right away?
Possibly. In some cases, the discovery rule allows the time limit to begin when you reasonably discover the injury—but this is rarely applied.

Are deadlines different for government-related claims?
Yes. You must notify the responsible government entity within six months—or even sooner, depending on the city or county.

What if I was a minor when the injury happened?
You typically have two years from the date you turn 18 to file a lawsuit.

Is there any flexibility if I miss the deadline?
Very little. Texas courts rarely allow late filings unless a recognized exception applies.

Why is it important to act early, even with a two-year window?
Evidence can disappear, witnesses forget details, and legal preparation takes time. Waiting increases the risk of making avoidable mistakes.

Can a lawyer help me file in time?
Yes. An experienced attorney can calculate the right deadlines, apply for any valid exceptions, and file your case properly and on time.

source https://ellisandthomas.wordpress.com/2025/08/13/texas-injury-claim-deadlines-when-time-runs-out-to-file/