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Texas Injury Answers

Every question we're asked, answered straight

Real questions from real Texans after real accidents — answered in plain language by attorney Jimmy Suerken, in English and Spanish. Tap any question to read the answer. New answers added regularly. Nothing here is legal advice about your specific case; for that, the consultation is free: 713-600-6233.

Showing all 44 answers
What if the driver who hit me in Houston has no insurance?
Insurance Tactics · Houston · Answered July 12, 2026
You may still recover — through your own policy. Texas insurers must offer uninsured/underinsured motorist (UM/UIM) coverage and personal injury protection (PIP), and many Houston drivers carry them without realizing it. UM/UIM steps in when the at-fault driver has no coverage or not enough; PIP pays medical bills and lost income regardless of fault. Other parties may also share liability — for example, if the driver was working at the time, their employer could be responsible. We read your policy for free and look for every source of recovery.
The adjuster offered me a quick check. Should I take it?
Insurance Tactics · Texas · Answered July 10, 2026
Be very careful — early offers are almost always low. Insurance companies offer fast money before you know the full extent of your injuries, because once you cash that check and sign the release, your claim is closed forever, even if you need surgery next month. The offer is a signal your case has value, not a reason to settle. Talk to a lawyer before you accept anything or sign a release. The consultation is free.
Do I have to give the insurance company a recorded statement?
Insurance Tactics · Texas · Answered June 14, 2026
No — you are not required to give the other driver's insurer a recorded statement, and you generally shouldn't. Adjusters use recorded statements to find words they can twist to reduce or deny your claim. You can politely decline and refer them to your attorney. You do have a duty to cooperate with your own insurer, but even then it's wise to talk to a lawyer first. Let us handle those calls.
The insurance company sent me a medical authorization to sign. Should I?
Insurance Tactics · Texas · Answered July 14, 2026
Not without a lawyer reviewing it first. A broad medical release lets the insurer dig through your entire medical history — including records that have nothing to do with the crash — hunting for a pre-existing condition to blame your injuries on. You can provide the records relevant to your claim without handing over blanket access to your life. We control what they get and why.
The insurer says my injuries are from a pre-existing condition. Is my case dead?
Insurance Tactics · Texas · Answered July 14, 2026
No. Under Texas law, a negligent driver takes you as they find you — this is the 'eggshell plaintiff' rule. If the crash worsened a prior condition or made a vulnerable part of your body more susceptible to injury, you can still recover for that aggravation. Insurers raise pre-existing conditions to scare people into dropping claims. Don't let that tactic work; let a lawyer evaluate it.
The insurance company denied my claim. What now?
Insurance Tactics · Texas · Answered July 14, 2026
A denial is not the end — it's often a negotiating position. Insurers deny claims over disputed fault, alleged gaps in treatment, or policy technicalities, and many denials are reversed once an attorney presents the evidence properly. Don't accept a denial at face value or assume you have no case. Have a lawyer review the denial letter and the policy; the review is free.
How do I know if the insurance offer is fair?
Insurance Tactics · Texas · Answered July 14, 2026
You usually can't tell on your own — and that's by design. A fair value depends on your total medical bills, future care, lost income, and non-economic harm like pain and limitations on your daily life, weighed against the available insurance coverage. Adjusters count on you not knowing those numbers. Before accepting any offer, have a lawyer value the claim; if it's already fair, a good lawyer will tell you so.
Should I use my own insurance if the crash wasn't my fault?
Insurance Tactics · Texas · Answered July 14, 2026
Often yes, and it usually won't count against you. Your PIP and health coverage can pay medical bills right away while the at-fault insurer drags its feet, and using PIP after a not-at-fault wreck generally shouldn't raise your rates. There are important details about reimbursement and coordination of benefits, so it's worth a quick conversation before you decide. We'll walk you through it for free.
Should I see a doctor after a crash if I feel fine?
After an Accident · Texas · Answered June 24, 2026
Yes — see a doctor promptly even if you feel okay. Adrenaline masks pain, and serious injuries like concussions, whiplash, and internal or soft-tissue damage often don't show symptoms for hours or days. Getting checked protects your health first, and it also creates the medical record that connects your injuries to the crash. Waiting weeks gives the insurance company an argument that you weren't really hurt.
What should I do right after a car accident in Texas?
After an Accident · Texas · Answered July 14, 2026
Six things, in order: get to safety and call 911; get medical attention even if you feel fine; photograph the scene, vehicles, and injuries; get the other driver's insurance and the names of witnesses; get the crash report number from the responding officer; and do not admit fault or give a recorded statement to any insurer. Then call a lawyer before an adjuster calls you. The sooner evidence is preserved, the stronger your case.
How do I get my crash report in Houston?
After an Accident · Houston · Answered June 20, 2026
Texas crash reports (form CR-3) are available through the Texas Department of Transportation's Crash Records Information System (CRIS) at cris.dot.state.tx.us, usually within a few days to about two weeks after the crash. You can also request it from the responding agency, such as Houston PD. You'll need the date, location, and names involved. If you're having trouble getting it, we can help obtain it as part of your case.
The police report says I was at fault. Can I still recover?
After an Accident · Texas · Answered July 14, 2026
Possibly — a police report is not the final word on fault. The officer usually didn't witness the crash and formed an opinion from the aftermath; that opinion isn't binding on an insurer, a judge, or a jury. Independent evidence like photos, witness statements, and vehicle damage can tell a different story. Don't give up because of what the report says; let a lawyer review the actual evidence.
I was the victim of a hit-and-run in El Paso. What are my options?
After an Accident · El Paso · Answered June 17, 2026
You may still have a path to recovery even if the other driver is never found. Your own uninsured motorist (UM) coverage is designed for exactly this situation and can pay for your injuries as though the fleeing driver had insurance. Report the hit-and-run to police promptly, seek medical care, and preserve any evidence — dashcam footage, witness information, or nearby business cameras. We can help track down what's available and file the UM claim.
How long does a personal injury case take in Texas?
After an Accident · Texas · Answered July 14, 2026
It depends on your medical treatment and whether the insurer negotiates in good faith. Many cases resolve within several months once you finish treating and the full extent of your injuries is known; cases that require a lawsuit take longer. Settling too early — before you know if you need future care — is one of the most expensive mistakes an injured person can make. A good lawyer moves efficiently but won't rush you into a lowball settlement.
Will I have to go to court for my injury case?
After an Accident · Texas · Answered July 14, 2026
Most personal injury cases settle without a trial. Filing a lawsuit is sometimes necessary to pressure an insurer that won't pay fairly, but even most filed cases settle before reaching a courtroom. If your case does go to trial, your lawyer prepares and guides you through every step. The willingness to try a case is often what convinces an insurer to pay what the case is worth.
I was a passenger in a crash. Can I file a claim?
After an Accident · Texas · Answered July 14, 2026
Yes — as a passenger, you're almost never at fault, which often makes your claim more straightforward. You can pursue compensation from whichever driver was negligent, and sometimes from more than one policy if multiple drivers share blame. This is true even if a friend or family member was driving the car you were in; the claim is against the insurance, not the person. We can explain how that works without creating conflict.
How long do I have to file an injury claim in Texas?
Your Case · Texas · Answered July 8, 2026
Generally two years from the date of the injury, under the Texas statute of limitations. But there are important exceptions: claims against a city, county, or other government entity can require formal written notice within months, not years, and some situations shorten or extend the deadline. Missing the deadline usually means losing the right to recover entirely. Because the exceptions are easy to miss, it's safest to talk to a lawyer early.
What is my car accident case worth in Texas?
Your Case · Texas · Answered June 27, 2026
There's no formula — it depends on the specific harm you suffered. The main factors are your medical bills, the cost of any future treatment, lost wages and lost earning capacity, and non-economic damages like pain, suffering, and how the injury affects your daily life — all measured against the insurance coverage available. Anyone who quotes you a number before reviewing your records is guessing. We'll evaluate your specific situation for free.
What kinds of compensation can I recover in a Texas injury case?
Your Case · Texas · Answered July 14, 2026
Texas law allows recovery for both economic and non-economic damages. Economic damages include medical bills, future medical care, lost wages, and lost earning capacity. Non-economic damages include physical pain, mental anguish, disfigurement, and physical impairment. In cases involving especially reckless conduct, exemplary (punitive) damages may also be available. Which apply depends on your facts — we'll walk through them with you.
What if the accident was partly my fault?
Your Case · Texas · Answered July 14, 2026
You can still recover in Texas as long as you were not more than 50% at fault. Texas uses 'proportionate responsibility': if you're found partially at fault, your compensation is reduced by your percentage of fault, and you recover nothing only if you're more than 50% responsible. Insurers routinely exaggerate your share to pay less. Don't accept their fault percentage as final — it's often negotiable and disputable.
Do I really need a lawyer, or can I handle the claim myself?
Your Case · Texas · Answered July 14, 2026
For minor property-damage-only claims, you often don't need a lawyer — and an honest attorney will tell you so. But once there are real injuries, medical bills, or any dispute about fault, having a lawyer typically leads to significantly better outcomes, because insurers treat represented claimants very differently. The consultation is free, and if you don't need us, we'll say so. You have nothing to lose by asking.
How much does it cost to hire a personal injury lawyer?
Your Case · Texas · Answered July 14, 2026
Nothing up front. Suerken Law works on a contingency fee, which means the consultation is free and you pay no attorney's fee unless we recover money for you. The fee is a percentage of the recovery, agreed to in writing before we start. This structure exists so that anyone — regardless of their finances — can afford strong legal representation against a well-funded insurance company.
I can't afford my medical bills after the crash. What can I do?
Your Case · Texas · Answered July 14, 2026
You have options, and you shouldn't skip treatment because of cost. Depending on your situation, your PIP coverage, health insurance, or a medical provider willing to treat on a lien (getting paid from your eventual settlement) may cover care in the meantime. Skipping treatment hurts both your health and your claim. We help injured people find a way to get the care they need while the case is pending.
Will hiring a lawyer make my case take longer or turn hostile?
Your Case · Texas · Answered July 14, 2026
Usually the opposite — a lawyer often speeds things up and takes the stress off you. Attorneys know how to assemble a claim the insurer can't easily stall, and they handle the calls, paperwork, and negotiations so you can focus on healing. Hiring a lawyer isn't 'going to war'; it's leveling a field that's tilted toward the insurance company. Most cases still settle without a lawsuit.
I was hit by an 18-wheeler on I-10. What should I do first?
Truck Accidents · Houston · El Paso · Answered July 5, 2026
Get medical care immediately, then get a lawyer involved fast — truck cases are time-sensitive. Commercial trucking companies often send investigators to the scene within hours to build their defense, and critical evidence like the truck's black-box data, the driver's electronic logs, and dashcam footage can be overwritten within days. An attorney can send a legal 'preservation letter' demanding the company keep that evidence. The sooner you act, the more of it survives.
Who can be held responsible for a truck accident besides the driver?
Truck Accidents · Texas · Answered July 14, 2026
Often several parties. Beyond the driver, the trucking company that employed and supervised them can be liable, as can the owner of the truck or trailer, a company responsible for loading the cargo, and a maintenance contractor whose negligence caused a mechanical failure. Identifying every responsible party — and every insurance policy behind them — is central to a truck case and a major reason these cases differ from ordinary car wrecks.
Why is a truck accident case different from a car accident?
Truck Accidents · Texas · Answered July 14, 2026
Commercial trucks are governed by federal safety regulations that ordinary drivers aren't. Rules about driving hours, rest, maintenance, inspections, and driver qualifications create a paper trail — electronic logs, inspection records, driver files — that can prove exactly what went wrong. The injuries are typically far more severe, the insurance policies larger, and the companies far more aggressive in defending claims. These cases reward a lawyer who knows what evidence to demand and how fast.
The trucking company's insurance already contacted me. What should I do?
Truck Accidents · Texas · Answered July 14, 2026
Do not give them a statement — refer them to a lawyer. Large trucking insurers have rapid-response teams whose job is to limit what the company pays you, and they move quickly precisely because they know evidence and your early words matter. Be polite, decline to discuss the details or give a recorded statement, and get your own representation. From that point forward, they deal with your attorney, not you.
How quickly does evidence disappear in a truck accident case?
Truck Accidents · Texas · Answered July 14, 2026
Fast — sometimes within days. Electronic logging device data, engine 'black-box' information, and dashcam footage can be overwritten on a cycle, and routine document-retention policies can erase records. A trucking company is not required to preserve everything unless it's on legal notice to do so. That's why one of the first things a truck-accident lawyer does is send a spoliation/preservation letter. Delay is the enemy in these cases.
I think the truck driver was fatigued. Can that be proven?
Truck Accidents · Texas · Answered July 14, 2026
Often, yes — through the driver's logs and electronic data. Federal hours-of-service rules limit how long commercial drivers can operate without rest, and electronic logging devices record their driving time. When those records are preserved and examined, they can reveal violations that point to fatigue. Discrepancies between logs, fuel receipts, and GPS data can expose falsified records. This is exactly the kind of evidence we move quickly to secure.
I got hurt at work but my employer has no workers' comp. Do I have a case?
Work Injuries · Texas · Answered July 2, 2026
Possibly a strong one — Texas is unique here. It's the only state that doesn't require most private employers to carry workers' compensation. Employers who opt out are called 'non-subscribers,' and they can be sued directly for negligence. Critically, they lose their most powerful legal defenses: they generally can't reduce your recovery by blaming your own carelessness, and can't argue you assumed the risk of the job. That can make a non-subscriber claim more valuable than standard comp.
Can I sue my employer for a work injury in Texas?
Work Injuries · Texas · Answered July 14, 2026
It depends on whether your employer carries workers' compensation. If they do (a 'subscriber'), you generally can't sue them directly and instead pursue comp benefits. If they don't (a 'non-subscriber'), you can sue for negligence — and non-subscribers lose key defenses, which often benefits the injured worker. Either way, a third party who contributed to your injury can usually be sued separately. We'll sort out which path applies to you.
Someone other than my employer caused my work injury. Can I sue them?
Work Injuries · Texas · Answered July 14, 2026
Yes — that's called a third-party claim, and it's often the most valuable part of a work-injury case. If a subcontractor, a negligent driver, a property owner, or the maker of defective equipment caused your injury while you were working, you can pursue them directly, separate from any workers' compensation benefits. These claims can include damages comp doesn't pay, like pain and suffering. We investigate every party who may share responsibility.
Can I be fired for filing a work injury claim in Texas?
Work Injuries · Texas · Answered July 14, 2026
Texas law prohibits employers from retaliating against workers for filing a workers' compensation claim in good faith. If you're fired, demoted, or punished for asserting that right, that can be a separate legal claim against the employer. Retaliation can be hard to prove and the rules are specific, so document what happens and talk to a lawyer promptly if you believe you're being punished for getting hurt on the job.
I'm undocumented. Can I still recover for a work injury?
Work Injuries · Texas · Answered July 14, 2026
Yes. Your right to pursue compensation for an injury suffered in Texas does not depend on your immigration status. Injured workers have rights regardless of documentation, and a legitimate law firm will handle your case with discretion and confidentiality. Fear of immigration consequences is something insurers and some employers quietly count on to avoid paying. Don't let that stop you from learning your rights — the consultation is free and confidential.
My employer wants me to use their 'injury benefit plan.' Should I sign?
Work Injuries · Texas · Answered July 14, 2026
Read nothing and sign nothing until a lawyer reviews it. Non-subscriber employers often have private 'injury benefit plans' written to protect the company — they may require you to give up your right to sue, agree to company-chosen doctors, or accept limited benefits, sometimes in exchange for signing quickly while you're hurt and stressed. Have an attorney review any plan document or release before you sign. That review is free.
Does Suerken Law take personal injury cases in El Paso?
El Paso & Español · El Paso · Answered July 14, 2026
Yes. Attorney Jimmy Suerken was born and raised in El Paso and represents injury victims across the Borderland — from the Westside to the Lower Valley, Socorro to Horizon City. Consultations are free and handled by phone or video, entirely in English or Spanish, and when a case needs in-person attention, Jimmy comes to El Paso. It's home.
Can I handle my entire injury case in Spanish?
El Paso & Español · El Paso · Answered July 14, 2026
Yes, completely. Jimmy Suerken is a bilingual Mexican-American attorney, and your whole case — from the first call to the final settlement — can be handled in Spanish. You should never have to navigate a legal claim in a language you're not comfortable with, and you shouldn't rely on a family member to translate something this important. Se habla español; llame al 713-600-6233.
I live in Juárez and was hurt in an accident in El Paso. Do I have rights?
El Paso & Español · El Paso · Answered June 30, 2026
Yes. If you were injured in Texas, you have the right to pursue compensation under Texas law — and that right does not depend on where you live or your immigration status. Cross-border cases have some added practical steps around communication, medical records, and documentation, but they are absolutely handled successfully. We represent Borderland clients on both sides and manage those details for you.
¿Qué pasa si el ajustador me ofrece un cheque rápido?
El Paso & Español · Texas · Answered July 10, 2026
Tenga mucho cuidado — las primeras ofertas casi siempre son bajas. Las aseguradoras ofrecen dinero rápido antes de que usted sepa qué tan graves son sus lesiones, porque una vez que cobra ese cheque y firma la liberación, su reclamo se cierra para siempre, aunque necesite cirugía el próximo mes. La oferta es una señal de que su caso tiene valor, no una razón para aceptar. Hable con un abogado antes de firmar nada. La consulta es gratis.
Vivo en Juárez y tuve un accidente en El Paso. ¿Tengo derechos?
El Paso & Español · El Paso · Answered June 30, 2026
Sí. Si usted se lesionó en Texas, tiene derecho a buscar compensación bajo la ley de Texas — y ese derecho no depende de dónde vive ni de su estatus migratorio. Los casos de la frontera tienen algunos pasos prácticos adicionales con la comunicación, los expedientes médicos y la documentación, pero se manejan con éxito todos los días. Representamos a clientes de ambos lados de la frontera y nos encargamos de esos detalles por usted.
¿Puedo llevar todo mi caso en español?
El Paso & Español · Texas · Answered July 14, 2026
Sí, completamente. Jimmy Suerken es un abogado méxico-americano totalmente bilingüe, y todo su caso — desde la primera llamada hasta el arreglo final — se puede manejar en español. Usted nunca debería tener que navegar un reclamo legal en un idioma con el que no se siente cómodo. Se habla español; llame al 713-600-6233.
¿Cuánto cuesta contratar a un abogado de lesiones?
El Paso & Español · Texas · Answered July 14, 2026
Nada por adelantado. Suerken Law trabaja con honorarios de contingencia: la consulta es gratis y usted no paga honorarios de abogado a menos que recuperemos dinero para usted. El honorario es un porcentaje de la recuperación, acordado por escrito antes de empezar. Esta estructura existe para que cualquier persona pueda pagar una representación fuerte contra una aseguradora con muchos recursos.
Soy indocumentado y me lesioné en el trabajo. ¿Tengo derechos?
El Paso & Español · Texas · Answered July 14, 2026
Sí. Su derecho a buscar compensación por una lesión sufrida en Texas no depende de su estatus migratorio. Los trabajadores lesionados tienen derechos sin importar su documentación, y un bufete legítimo manejará su caso con discreción y confidencialidad. Algunas aseguradoras y patrones cuentan con que el miedo lo detenga. No deje que eso le impida conocer sus derechos — la consulta es gratis y confidencial.
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