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If you or someone in your family has been seriously injured, or an insurance company has denied or undervalued a claim, this guide walks through what typically happens next, how insurers factor into the process, and what’s worth understanding before you decide how to move forward. It’s meant to inform your next step, not to replace a conversation about your specific situation. For more on how fault can affect an injury claim, read Rear-End Collisions in Texas: Why Fault Isn’t Always as Clear as It Seems.

What Happens After a Serious Injury

Serious injuries, from a car accident, a workplace incident, or an unsafe property, tend to follow a similar path: medical treatment, an insurance claim, and often a period of negotiation over what that claim is worth. A few realities are worth understanding early.

• Evidence fades quickly: Witness memories, skid marks, surveillance footage, and physical conditions at a scene can change or disappear within days, so early documentation matters.
• Texas applies a comparative negligence rule: An injured person can still recover damages even if they share some fault for the accident, as long as they’re not found more than 50% responsible. Compensation is reduced by the percentage of fault assigned, which is one reason insurers often try to shift blame onto the injured party.
• Deadlines apply: Texas generally allows two years from the date of injury to file a personal injury claim, and two years from the date of death in wrongful death cases. Claims against a government entity may require written notice within a much shorter window, sometimes as little as six months. An attorney can confirm which deadline applies to your situation.
• Not every case needs a lawyer: Some injuries and claims resolve on their own. A free consultation can help clarify whether legal representation would make a meaningful difference in yours.

Insurance Claims and Your Injury

Insurance carriers are involved in nearly every serious injury case, through an at-fault driver’s auto policy, a property owner’s liability coverage, or an employer’s insurer. Clients commonly run into a few recurring issues:

• A claim is denied or delayed without a clear explanation
• A settlement offer arrives quickly, before the full extent of an injury is known
• An adjuster requests a recorded statement or broad medical authorization early on
• Property damage or medical costs are valued below actual repair or treatment costs

Texas law places real deadlines on how insurers must handle claims. Under Chapter 542 of the Texas Insurance Code, the Prompt Payment statute, carriers generally must acknowledge a claim within 15 days and accept or reject it within 15 business days of receiving all required information. Missing those deadlines can trigger penalties, including statutory interest on the unpaid amount. For a closer look at insurance disputes generally, visit the Insurance Law page.

Why an Insurance Background Matters Here

Before becoming an attorney, Jonathan Herrera spent over a decade as a licensed insurance adjuster, handling high-exposure casualty and property claims, and later practiced insurance defense before founding Herrera PLLC. That means he’s evaluated claims from the inside. He understands what documentation adjusters look for, how claims are valued internally, and how early settlement offers are typically calculated. Clients working with Herrera PLLC benefit from an attorney who has sat on the other side of the table.

Areas This Guide Touches On

This page draws on the firm’s serious injury work, including car, truck, rideshare, and motorcycle accidents; pedestrian and drunk driving cases; brain and spinal cord injuries; construction, industrial, and oilfield accidents; premises liability and negligent security; and wrongful death matters. Each situation has its own considerations. The Serious Injuries page covers specific accident types in more detail.