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What Exactly Is a Personal Injury? A Texas Attorney’s Comprehensive Guide
If you’re asking, “What is a personal injury?” you’re likely in a situation no one wants to be in: hurt, confused, and facing mounting medical bills while dealing with insurance companies that seem more focused on protecting their bottom line than your recovery. As Attorney Ralph Manginello explains in our Attorney 911 Podcast, a personal injury simply means you have injured some part of your body as a result of someone else’s negligence. This means someone else—a careless driver, a negligent property owner, a reckless employer—caused that injury to you. But in the complex legal landscape of Texas, that simple definition opens the door to a critical journey for justice and compensation that requires experienced guidance. At Attorney911, we are Texas Legal Emergency Lawyers™, and for over 25 years, we’ve helped thousands of injured Texans navigate this exact path, recovering multi-million dollar settlements and verdicts. If you’re hurt and wondering what to do next, call our emergency legal line at 1-888-ATTY-911 for a free, immediate consultation.
The Legal Foundation: Negligence and Your Right to Compensation in Texas
Ralph Manginello’s definition hinges on one critical legal concept: negligence. Under Texas law (and the common law principles Texas follows), negligence occurs when a person or entity fails to exercise the care that a reasonably prudent person would exercise under similar circumstances, and that failure causes harm to another. This isn’t about intentional harm; it’s about carelessness that leads to injury. When that negligence injures you, Texas Civil Practice & Remedies Code establishes your right to seek compensation. This is the core of personal injury law: holding the responsible party accountable for the damages they’ve caused. However, Texas operates under a modified comparative fault rule (Texas Civil Practice & Remedies Code § 33.001). This means if you are found to be 51% or more at fault for the accident that caused your injury, you are barred from recovering any compensation. Even if you are 50% or less at fault, your recovery is reduced by your percentage of responsibility. This is why having an attorney who can meticulously investigate and build a fault-free case is non-negotiable.
Our managing partner, Ralph Manginello, admitted to the Texas Bar in 1998 and the U.S. District Court for the Southern District of Texas, has spent his career mastering these nuances. He knows that insurance adjusters are trained to immediately look for ways to assign you partial fault—a tactic designed to minimize or eliminate their payout. From our Houston headquarters, we combat this by launching immediate, thorough investigations. We secure evidence, interview witnesses, and work with accident reconstruction experts when necessary to establish clear liability. This foundational work is what turns a simple “injury” into a viable personal injury claim under Texas law.
Beyond Bruises and Cuts: The True Scope of Compensable Injuries
In the podcast, Ralph lists examples: a bruise, a cut, body pain, bruising, neck pain, headaches, blurred vision. It’s crucial to understand that in the legal world, no injury is too “minor” to warrant investigation. More importantly, what seems like a minor issue at the scene of an accident can develop into a life-altering condition. The adrenaline and shock of a traumatic event can mask symptoms for hours or even days. That minor neck pain (often called “whiplash” in auto accidents) can develop into chronic cervical radiculopathy. A headache could be the first sign of a concussion or even a traumatic brain injury (TBI). Blurred vision can indicate neurological damage.
At Attorney911, we have seen this progression firsthand in our Texas practice. For instance, in a recent multi-million dollar settlement we handled, a client’s leg was injured in a car accident. Initially, the focus was on the fracture, but staff infections during treatment led to a partial amputation—a catastrophic outcome from what began as a serious but manageable injury. This case underscores why you must never accept an insurance company’s early assessment of your injuries. They are not medical doctors, and their goal is to close your claim quickly and cheaply before the full extent of your damages is known.
We aggressively pursue compensation for the full spectrum of injuries, including those with delayed onset:
- Soft Tissue Injuries: Sprains, strains, whiplash. These are often dismissed by insurance as “just soreness,” but they can cause prolonged pain and disability.
- Orthopedic Injuries: Fractures, herniated discs, torn ligaments (like ACL or rotator cuff tears). These often require surgery and extensive rehabilitation.
- Neurological & Brain Injuries: Concussions, TBIs, spinal cord injuries, nerve damage. These can affect cognition, mood, mobility, and every aspect of your life.
- Internal Injuries: Organ damage, internal bleeding. These are life-threatening and may not be immediately apparent.
- Psychological Injuries: Post-traumatic stress disorder (PTSD), anxiety, depression. The mental trauma of an accident is a real and compensable damage under Texas law.
If you are experiencing any pain or discomfort after an incident caused by someone else, it is a legal personal injury. Do not downplay your symptoms. Call 1-888-ATTY-911 to speak with our team. We will help you get the proper medical documentation that forms the bedrock of a strong claim.
What a Personal Injury Attorney Really Does: Your Guide Through the Texas Legal System
As Ralph states, “That’s what a personal injury attorney does, is help people get compensation.” But at Attorney911, we believe that statement, while true, sells short the immense value an experienced firm provides. We don’t just “help”—we fight, strategize, investigate, and advocate. Here’s what that actually looks day-to-day:
1. We Handle ALL Communication with Insurance Companies. From the moment you hire us, the insurance adjuster calls stop. We become your shield. This is critical because insurance adjusters are trained to ask questions designed to trap you into admitting fault or minimizing your injuries. They may request a “simple recorded statement” that they will later use against you. With our firm, that stops immediately.
2. We Conduct a Thorough Investigation. Evidence disappears quickly in Texas. Surveillance footage from businesses is often erased after 30 days. Witness memories fade. We act fast to preserve all evidence: sending spoliation letters to secure video, hiring accident reconstructionists, consulting medical experts, and documenting the scene.
3. We Accurately Value Your Claim. This is where our insider advantage is paramount. Our associate attorney, Lupe Peña, spent years working at a national defense firm, learning firsthand how large insurance companies value claims. He knows the software they use (like Colossus), how they set reserves, and what arguments they use to devalue injuries. Now, he uses that knowledge for our clients, not against them. We don’t guess at your claim’s value; we calculate it based on decades of experience and insider knowledge.
4. We Advance All Costs and Work on a Contingency Fee. As we tell every client who walks through our doors in Houston, Austin, or Beaumont: You pay nothing unless we win your case. We advance all costs for investigations, expert witnesses, and court filings. Our fee is a percentage of the recovery we secure for you (33.33% if the case settles before trial, 40% if it goes to trial). This aligns our success completely with yours.
5. We Prepare Every Case for Trial. Insurance companies can sense which law firms are willing to go to court and which are settlement mills. We are trial-tested. Ralph Manginello’s federal court admission and experience in complex litigation like the BP Texas City explosion litigation signal to insurers that we are not bluffing. We prepare every case as if it will be tried before a Texas jury, which gives us tremendous leverage in negotiations. As client Glenda Walker said in her review, “They fought for me to get every dime I deserved.”
If you’re trying to navigate this complex system alone, you are at a severe disadvantage. The insurance company has teams of lawyers and adjusters working against you. You need a team of equal strength on your side. Call 1-888-ATTY-911 to build that team today.
Why Texas Victims Choose Attorney911: Results, Not Just Promises
When you’re injured in Houston, Dallas, San Antonio, or anywhere in Texas, you have hundreds of law firms to choose from. What makes Attorney911 different? It’s not just what we say—it’s what we’ve done for clients just like you.
Proven Multi-Million Dollar Results Across Texas
Our record speaks for itself. We have consistently recovered life-changing compensation for our clients in cases that other firms might have turned away or undervalued. These are not hypotheticals; they are documented results from our case files:
- Logging Brain Injury: We secured a multi-million dollar settlement for a client who suffered a traumatic brain injury with vision loss when a log dropped on him at a logging company.
- Car Accident Leading to Amputation: Our client’s leg was injured in a car accident. Complications from staff infections during treatment led to a partial amputation. We fought for and secured a multi-million dollar settlement for this life-altering injury.
- Trucking Wrongful Death: Our personal injury attorneys have helped numerous families facing the unimaginable loss of a loved one in 18-wheeler accidents recover millions of dollars in compensation, providing financial security and a measure of justice.
- Maritime Back Injury: We investigated a case where a client injured his back lifting cargo on a ship. Our work revealed he should have been assisted, leading to a significant cash settlement.
These results are a testament to our willingness to take on complex, high-stakes litigation. Currently, our firm is litigating a $10 million lawsuit (Bermudez v. Pi Kappa Phi Fraternity, Inc.) in Harris County, demonstrating our commitment to holding powerful institutions accountable.
The Insider Advantage: A Former Insurance Defense Attorney on Your Side
Perhaps our single greatest competitive advantage is our associate attorney, Lupe Peña. Lupe is a third-generation Texan, fluent in Spanish, and—critically—a former insurance defense attorney. He didn’t just learn how to fight insurance companies; he learned how they think, strategize, and calculate risk from the inside. As Lupe himself says, “I’ve reviewed hundreds of surveillance videos and social media posts as a defense attorney. Here’s the truth: Insurance companies take innocent activity out of context.”
This insider knowledge is invaluable. When an insurance adjuster makes a lowball offer, Lupe knows exactly how they arrived at that number and what arguments will break through their valuation models. He knows which “independent” medical exam (IME) doctors they favor because he used to hire them. This isn’t just experience; it’s counter-intelligence that we deploy for every client at Attorney911.
Client-Centered Care That Feels Like Family
Our 251+ Google reviews with a 4.9-star rating consistently highlight one thing: we treat clients like family, not case files. Client Chad Harris said it best: “You are NOT a pest to them and you are NOT just some client…You are FAMILY to them.” This philosophy is led by Ralph Manginello and embodied by our incredible staff, like paralegal Leonor (“Leo”), who is mentioned in over 80 reviews for her compassionate and diligent communication.
Client Stephanie Hernandez shared, “When I felt I had no hope or direction, Leonor reached out to me…She took all the weight of my worries off my shoulders.” And from client Jamin Marroquin: “Mr. Manginello guided me through the whole process with great expertise…tenacious, accessible, and determined.” This level of personal attention is what separates a true advocacy firm from a settlement mill that processes claims on an assembly line.
Your Immediate Action Plan After a Personal Injury in Texas
Knowing what a personal injury is only matters if you know what to do next. Time is not on your side. Evidence decays, memories fade, and Texas’s two-year statute of limitations (Texas Civil Practice & Remedies Code § 16.003) is always ticking. Here is your action plan:
- Seek Medical Attention Immediately: Your health is the priority. Even if you feel “okay,” get checked by a doctor. This creates the essential medical record linking your injuries to the accident.
- Document Everything: Take photos of the scene, your injuries, vehicle damage, and anything else relevant. Get contact information for witnesses.
- Do NOT Talk to Insurance Adjusters: Beyond providing basic insurance information, do not give a statement, sign anything, or accept a settlement offer from the other party’s insurance company. They are not your friends.
- Preserve Evidence: Keep your damaged property, clothing, and any other physical evidence. Do not repair your car until it has been fully inspected.
- Contact a Personal Injury Attorney Immediately: The sooner an experienced firm like Attorney911 gets involved, the stronger your case will be. We can immediately send evidence preservation letters, open an investigation, and start building your claim before the insurance company builds its defense against you.
If you’ve been injured in any type of accident in Texas—whether a car crash in Houston, a slip and fall in Austin, a workplace incident in Beaumont, or an 18-wheeler collision anywhere in the state—you have legal rights. But those rights have an expiration date. You are entitled to compensation for your medical bills, lost wages, pain and suffering, and more. Let us help you secure it.
Call the legal emergency line now at 1-888-ATTY-911. Hablamos Español. The consultation is free, and you pay nothing unless we recover money for you. As Ralph Manginello says in every podcast: “We’re here to help you. And if we can’t help you, we’re going to find someone who can.”
Frequently Asked Questions About Personal Injuries in Texas
Do I really need an attorney for a personal injury claim?
Yes, in almost all cases. Insurance companies have teams of adjusters and lawyers whose job is to pay you as little as possible. Without an attorney, you are at a severe disadvantage in understanding the true value of your claim, navigating Texas’s comparative fault laws, and dealing with complex legal procedures. An attorney levels the playing field and maximizes your potential recovery.
How long do I have to file a personal injury lawsuit in Texas?
Texas has a two-year statute of limitations for most personal injury cases (Texas Civil Practice & Remedies Code § 16.003). This means you have exactly two years from the date of the accident to file a lawsuit in court. Missing this deadline, even by one day, will forever bar your claim. However, the investigation and negotiation process should begin immediately, not wait until the deadline approaches.
What if I can’t afford medical treatment right now?
This is a common and serious concern. At Attorney911, we can often connect you with medical providers who are willing to treat you on a “lien” basis. This means they provide necessary care with the agreement that they will be paid from your eventual settlement or verdict. We advance all case costs, so you pay nothing upfront for the legal work to build your case.
What makes Attorney911 different from other personal injury firms?
Three key things: 1) Insider Knowledge: With Lupe Peña’s background as a former insurance defense attorney, we know the other side’s playbook. 2) Proven Results: We have a documented history of multi-million dollar settlements and verdicts in complex cases. 3) Client-First Culture: Our 4.9-star Google reviews from over 251 clients reflect a commitment to communication and treating clients like family, not case numbers.
What types of compensation can I recover?
Texas law allows recovery for both economic and non-economic damages. This includes past and future medical expenses, lost wages and loss of earning capacity, property damage, physical pain and suffering, mental anguish, physical impairment, and disfigurement. In some extreme cases, punitive damages may also be available to punish particularly egregious conduct.
What if the insurance company is already calling me with an offer?
Do not accept it. Early offers are almost always far less than the full value of your claim. They are designed to get you to settle before you discover the full extent of your injuries or hire an attorney. Once you sign their release, you give up your right to any future compensation, even if your condition worsens. Let us handle all communication.
Frequently Asked Questions
What is the legal definition of a personal injury in Texas?
In Texas, a personal injury is any physical or psychological harm to your body caused by someone else’s negligence or intentional act. Legally, it establishes a right to seek compensation for damages like medical bills, lost wages, and pain and suffering under Texas Civil Practice & Remedies Code.
Do I need a lawyer for a personal injury claim?
Yes, it is highly advisable. Insurance companies have legal teams working to minimize your payout. An experienced Texas personal injury attorney like those at Attorney911 knows how to value your claim, prove negligence under Texas’s comparative fault rules, and negotiate aggressively or take your case to trial to secure full compensation.
What should I do immediately after getting injured in an accident?
First, seek medical attention. Then, document the scene with photos, get witness contacts, and preserve any evidence. Do not speak to the other party’s insurance adjuster. Contact a personal injury attorney immediately. In Texas, evidence disappears quickly and the 2-year statute of limitations is strict. Call Attorney911 at 1-888-ATTY-911 for immediate guidance.
How long does a personal injury case take in Texas?
Most cases settle within 6 to 18 months, but complex or severely contested cases can take longer, especially if they go to trial. At Attorney911, we work efficiently to build a strong case for negotiation while preparing every file for trial, which often pressures insurers to settle fairly. The timeline depends on the injury severity, liability disputes, and insurance company tactics.
What if I can’t afford a lawyer or medical bills?
Attorney911 works on a contingency fee basis—you pay no attorney fees unless we win your case. We also advance all investigation and litigation costs. For medical bills, we can often refer you to providers who will treat on a lien, meaning they get paid from your settlement. Your financial situation should not stop you from seeking justice.
What types of accidents lead to personal injury claims?
Any accident caused by another’s negligence can lead to a claim. Common Texas cases we handle include car/truck/motorcycle crashes, slip and falls (premises liability), workplace accidents, defective products, medical malpractice, dog bites, and wrongful death. If someone else’s carelessness hurt you, you likely have a valid personal injury claim.
