Best Austin Personal Injury Lawyers

Frequently Asked Questions

What should I look for when choosing a personal injury lawyer in Austin?

Focus on three key factors: experience with your specific type of injury case, trial readiness, and communication style. Check how many similar cases they've handled and their success rates. A lawyer who regularly takes cases to trial often gets better settlement offers than one who always settles out of court. During your consultation, notice if they explain things clearly and respond to messages promptly.

Consider these practical elements:

• Case history: Ask for examples of similar cases they've won
• Resources: Larger firms may have more investigators and medical experts
• Fee structure: Most work on contingency (typically 33-40% of settlement)
• Local courthouse experience: Familiarity with Travis County judges and procedures matters

How much does a personal injury lawyer cost?

Most personal injury lawyers work on contingency, meaning you pay nothing upfront and they take a percentage of your settlement or verdict. The standard fee ranges from 33% to 40% of your recovery. If your case goes to trial, the percentage often increases to 40%.

You might also pay for:

• Court filing fees ($200-$400)
• Medical record requests ($50-$500)
• Expert witness fees ($500-$5,000+ per expert)
• Deposition costs ($500-$2,000 each)

Many firms cover these costs upfront and deduct them from your settlement. Always clarify who pays these expenses if you lose your case.

What's the average settlement for personal injury cases?

Settlement amounts vary dramatically based on injury severity, medical costs, and lost wages. Minor injuries might settle for $3,000-$15,000, while severe injuries requiring surgery often reach $75,000-$500,000 or more. Catastrophic injuries involving permanent disability can exceed $1 million.

Typical settlement ranges by injury type:

These amounts depend on your medical bills, future care needs, and the defendant's insurance coverage.

How long do I have to file a personal injury claim in Texas?

Texas law gives you two years from the date of injury to file a personal injury lawsuit. Missing this deadline typically means losing your right to compensation forever. Some exceptions exist: minors have until their 20th birthday, and cases against government entities require notice within 6 months.

Start your case quickly for practical reasons too:

• Evidence disappears (surveillance footage gets deleted after 30-90 days)
• Witnesses forget details or move away
• Medical documentation becomes harder to obtain
• Insurance companies may view delays as suspicious

What evidence do I need for a strong personal injury case?

Strong cases rely on documentation that proves both liability and damages. Take photos of injuries, accident scenes, and property damage immediately. Keep every medical record, receipt, and pay stub showing lost wages.

Essential evidence checklist:

• Police reports or incident reports
• Medical records and bills
• Photos and videos from the scene
• Witness contact information and statements
• Insurance correspondence
• Journal documenting pain and daily limitations
• Proof of lost income
• Receipts for all accident-related expenses

Can I handle my personal injury claim without a lawyer?

You can legally represent yourself, but insurance companies often offer 3-4 times more when attorneys are involved. Self-representation works best for minor injuries with clear liability and damages under $5,000. Once you need ongoing medical treatment or face disputed liability, attorney representation becomes valuable.

Insurance adjusters use specific tactics against unrepresented claimants:

• Quick, lowball settlement offers before you know your injury's full extent
• Recorded statements designed to minimize your claim
• Medical authorization forms that access your entire health history
• Delaying tactics, hoping you'll accept less money

What mistakes should I avoid after an accident?

The first 48 hours after an accident often determine your case's strength. Never admit fault or say "I'm fine" to anyone. Avoid posting on social media - insurance companies monitor accounts for evidence against you. Don't sign anything from insurance companies without legal review.

Critical mistakes that hurt cases:

• Waiting weeks to see a doctor
• Giving recorded statements to insurance adjusters
• Accepting the first settlement offer
• Missing medical appointments or ignoring treatment plans
• Destroying evidence like damaged clothing or equipment
• Talking to the other party's insurance without representation

How do I know if a lawyer is actually experienced in personal injury?

Check the State Bar of Texas website for their license status and disciplinary history. Look for board certification in personal injury trial law - only 2% of Texas attorneys achieve this. Review their case results, but remember that past success doesn't guarantee future outcomes.

Questions to ask during consultation:

• How many cases like mine have you tried in court?
• What percentage of your practice focuses on personal injury?
• Who will actually handle my case day-to-day?
• Can you provide references from recent clients?
• How many cases do you currently manage?

What happens during a personal injury lawsuit?

Most cases follow a predictable timeline. After filing, both sides exchange evidence during "discovery" (3-6 months). Depositions occur where witnesses answer questions under oath. Most cases settle during mediation before trial.

Typical timeline:

1. Filing (Day 1): Lawsuit officially begins
2. Discovery (Months 1-6): Document exchange, interrogatories
3. Depositions (Months 4-8): Recorded testimony
4. Mediation (Months 6-12): Settlement negotiations with a mediator
5. Trial (Months 12-24): If no settlement, the case goes before a judge/jury

About 95% of cases settle before trial. The entire process typically takes 12-18 months for standard cases, or 2-3 years for complex litigation.

How do insurance companies calculate injury settlements?

Insurance adjusters use software programs that assign values based on injury type, treatment received, and recovery time. They multiply medical expenses by a factor (1.5-5x) depending on pain and suffering, then add lost wages. Permanent injuries or scarring increase multipliers.

Factors that increase settlements:

• Surgery or invasive procedures
• Permanent restrictions or disability
• Visible scarring or disfigurement
• Extended physical therapy
• Future medical needs
• High wage loss or career impact

Adjusters also consider comparative fault - if you're 20% at fault in Texas, your settlement reduces by 20%.