Houston
Personal Injury Attorney

Serious injuries in Houston deserve serious representation, and when the insurance company is the real opponent, you need lawyers who know insurance law from the inside.

McLaurin Law, PLLC represents injured Texans across Harris County, Sugar Land, Katy, Pearland, Baytown, The Woodlands, and the greater Houston metro. Our practice is built on insurance-claim litigation, so we know how at-fault insurers evaluate, delay, and underpay personal injury claims, and we know how to push back.

Call (713) 528-8012 or contact us online to discuss your case.

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KEY FACTS FOR HOUSTON INJURY VICTIMS

Statute of limitations: 2 years from date of injury (Tex. Civ. Prac. & Rem. Code § 16.003)

Comparative fault rule: Recovery allowed if you are 50% or less at fault; reduced by your share

Damage caps: None on most economic or non-economic damages outside medical malpractice

Government claims: Notice required in as little as 6 months under Texas Tort Claims Act

Why the Insurance Angle Matters in Your Injury Case

Determining Fault in Texas

Most Houston personal injury firms are general-practice tort shops. They file the demand, wait for an offer, and settle. McLaurin Law operates differently because insurance coverage litigation is what we do.

When an insurer offers $40,000 on a $200,000 case, a generalist firm sees a negotiation. We see a potential Stowers violation, a Chapter 541 unfair settlement practice, or a bad-faith refusal to settle within policy limits. That distinction is the difference between accepting an underpayment and triggering extra-contractual exposure that forces the carrier to pay full value.

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We know:

That insurance-side fluency is why our clients recover medical bills, lost wages, future treatment, and full pain-and-suffering value, not just whatever the adjuster’s first reserve allows.

When the Insurance Company Is Lowballing You

If you are reading this page because your own carrier or the at-fault driver’s carrier offered you less than your medical bills, you are exactly the client we are built to represent.

Common bad-faith conduct we see in Houston injury claims:

  • Delay tactics: requesting the same documents repeatedly, missing statutory deadlines under Texas Insurance Code § 542.058
  • Misrepresenting policy provisions: telling claimants UM/UIM coverage doesn’t apply when it does
  • Lowball offers tied to deadlines: pressuring acceptance before treatment is complete
  • Improper denial of liability: assigning fault percentages unsupported by the evidence
  • Refusing to tender policy limits when liability is clear and damages exceed the limit (a Stowers violation)
Houston Personal Injury Attorney

Personal Injury Cases We Handle in the Houston area

Why Houston Injury Victims Choose McLaurin Law

Most personal injury firms in Houston are general-practice tort shops. McLaurin Law is different. Our core practice is insurance coverage and bad-faith insurance litigation, which means when we handle your injury case, we are reading the at-fault driver’s policy the same way the carrier’s own adjusters and defense lawyers read it.

We know what triggers a duty to settle, what counts as bad-faith conduct under Texas Insurance Code Chapter 541, and when to file the kind of pressure that gets a case resolved at full value.

That insurance-side fluency is the difference between a settlement that covers your medical bills and a settlement that covers your medical bills, your lost wages, your future treatment, and your pain and suffering.

Personal Injury Claims in Texas: How They Actually Work

What is a personal injury claim?

A personal injury claim is a legal action by someone who was injured because another person or company failed to use reasonable care. In Texas, personal injury claims are governed by tort law, primarily Chapter 33 of the Texas Civil Practice and Remedies Code. The injured person (the plaintiff) seeks compensatory damages from the at-fault party (the defendant) for medical bills, lost income, property damage, pain and suffering, and other losses.

How is fault determined under Texas’s 51% bar rule?

Texas follows a modified comparative negligence system, often called the 51% bar rule. Under Section 33.001 of the Texas Civil Practice and Remedies Code, an injured person can recover damages only if their share of fault is 50% or less. If they are 51% or more at fault, they recover nothing.

Example: If you suffer $100,000 in damages and a jury finds you 30% at fault, your award is reduced by 30% to $70,000. If the jury instead finds you 51% at fault, you recover zero, regardless of how serious your injuries are.

This is why insurance adjusters work so hard to push fault onto the injured person. Even shifting your assigned fault from 49% to 51% changes a six-figure recovery into nothing. McLaurin Law’s job is to keep your share of fault as low as the evidence supports.

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

Two years from the date of the injury. This deadline comes from Texas Civil Practice and Remedies Code Section 16.003. Wrongful death claims are also subject to a two-year limit, generally measured from the date of the death. There are limited exceptions (the discovery rule, claims by minors, claims against governmental entities), but assume the two-year clock applies and act early.

WARNING: Claims against governmental entities (city, county, state, transit authorities) require a written notice of claim within as little as 6 months under the Texas Tort Claims Act and many city charters. If your accident involved a METRO bus, a city vehicle, or a state highway defect, talk to an attorney immediately.

What damages can I recover?

Texas personal injury law allows two main categories of compensatory damages:

Economic damages (provable financial losses):

  • Past and future medical bills
  • Lost wages and lost earning capacity
  • Property damage
  • Out-of-pocket costs

Non-economic damages (human losses):

  • Pain and suffering
  • Mental anguish
  • Physical impairment

In limited cases involving gross negligence, malice, or fraud, punitive damages may be available, capped under Section 41.008 of the Texas Civil Practice and Remedies Code at the greater of $200,000 or two times economic damages plus up to $750,000 in non-economic damages.

There is no general cap on compensatory damages in most Texas personal injury cases. The exception is medical malpractice, which has separate caps under Chapter 74.

How long does a Texas personal injury case take?

Most personal injury cases settle within 6 to 18 months. Cases that go to trial typically take 18 months to 3 years. Variables include the severity of injuries, whether liability is contested, the insurance carrier’s posture, and Harris County District Court docket times. McLaurin Law works to resolve cases as quickly as the facts allow without sacrificing case value.

Do I Need a Lawyer for My Houston Injury Case?

Short answer: yes, in almost every case where you suffered injuries that required medical treatment or missed work, hiring a personal injury attorney increases your recovery and decreases the risk that the insurer will minimize your claim.

You may not need a lawyer if your injuries were minor, you missed no work, the at-fault driver’s insurer accepted full liability immediately, and they offered you full reimbursement of medical costs plus a reasonable amount for inconvenience. That is rare.

You almost certainly need a lawyer if any of the following are true:

  • Your injuries required hospitalization, surgery, or ongoing treatment.
  • The insurance company is asking you for a recorded statement.
  • The insurer has assigned you fault, partial or otherwise.
  • The crash involved a commercial vehicle, truck, or rideshare driver.
  • There is a dispute about who caused the accident.
  • The insurer’s first offer is far less than your medical bills.
  • You suffered a permanent injury or disfigurement.
  • Your loved one was killed.

What to Expect When You Hire McLaurin Law

1

Investigation. We secure the police report, witness statements, traffic-camera footage, vehicle data recorder data when applicable, and medical records. For trucking cases, we send preservation letters immediately to keep ELD logs and dashcam footage from being deleted.
2

Demand and negotiation. Once your medical treatment stabilizes, we send a demand to the at-fault carrier. Most cases settle here. Our insurance-coverage background lets us flag bad-faith conduct early if the carrier stalls or undervalues.
3

Litigation if necessary. If the carrier will not negotiate fairly, we file suit in Harris County or the appropriate venue and proceed to discovery, depositions, mediation, and, if needed, trial.
4

Resolution and disbursement. When the case resolves, we work to satisfy outstanding medical liens at reduced rates, deduct case expenses, and distribute the net recovery to you.
5

Initial case review. We listen to what happened, look at the police report and any photos, and tell you straight whether you have a viable case in Texas. If we cannot help you, we will tell you that too.
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Serving Houston and the Surrounding Texas Communities

McLaurin Law’s office is in the Galleria area at 5005 Riverway Drive, Suite 300, Houston, TX 77056. We accept clients across the greater Houston metro, including the City of Houston, Sugar Land, Pearland, Katy, Baytown, Spring, The Woodlands, Cypress, Conroe, Friendswood, League City, Missouri City, and Stafford.

Most personal injury cases proceed through the Harris County District Courts at 201 Caroline Street in downtown Houston, with neighboring claims sometimes filed in Fort Bend, Brazoria, Galveston, or Montgomery County.

Frequently Asked Questions about Personal Injury Cases in Houston

Almost always no. The first offer is calibrated to close the file at the lowest possible cost. By the time the carrier knows the full extent of your injuries and damages, the offer will be higher. An attorney’s involvement alone often increases the carrier’s reserve on the file. Talk to McLaurin Law before signing anything or accepting any payment.

Personal injury cases at McLaurin Law are generally handled on a contingency-fee basis, which means you pay no attorney fee unless we recover money for you. The fee is taken as a percentage of the recovery. We will explain the exact percentage and how case expenses are handled before you sign any agreement.

Federal tax treatment is the same in every state: under Internal Revenue Code Section 104(a)(2), compensatory damages for physical injuries or physical sickness are generally not taxable. Punitive damages and interest on the award are taxable. Texas has no state income tax, so there is no additional state tax issue. Talk to a tax professional about your specific situation.

You can still recover under Texas’s modified comparative negligence rule, as long as you were 50% or less at fault. Your recovery is reduced by your assigned share of fault. If you were 51% or more at fault, Texas law bars recovery entirely.

Two years from the date of the injury under Texas Civil Practice and Remedies Code Section 16.003. Some claims, including those against government entities, have shorter notice deadlines, sometimes as short as six months. Contact a lawyer as soon as possible.

Get medical attention. Call 911 and request a police report. Photograph the vehicles, the scene, and your injuries. Get the other driver’s insurance and contact information and the names and numbers of any witnesses. Do not give a recorded statement to the other driver’s insurer. Contact a personal injury attorney before agreeing to anything.

Most Texas personal injury claims settle without trial. Filing a lawsuit is sometimes necessary to get the insurer to take a case seriously, but the majority of filed cases still resolve through negotiation or mediation before a jury hears them.

A wrongful death claim under Texas Civil Practice and Remedies Code Section 71.002 allows a surviving spouse, child, or parent to seek damages when a family member is killed by another party’s wrongful act, neglect, or default. The personal representative of the estate may also bring a survival action under Section 71.021.

Talk to a Houston Personal Injury Attorney

Insurance carriers move fast after an accident. Evidence disappears, witnesses move, and statements get used against injured people. The earlier you talk to an attorney, the better the outcome tends to be.

Call McLaurin Law at (713) 528-8012 or use our contact form. We will review your case, explain your options under Texas law, and tell you what we can do to help.

McLaurin Law, PLLC | 5005 Riverway Drive, Suite 300, Houston, TX 77056 | (713) 528-8012

CALL (713) 461-6500

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