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Understanding Personal Injury Cases
A personal injury case arises when someone is harmed because another person, company, or
entity acted carelessly or failed to act responsibly. These cases cover a wide range of situations
— from car accidents, truck crashes, and slip-and-fall injuries to workplace accidents, defective
products, and wrongful death claims.
The key factor is negligence: someone had a duty to act safely, they failed to meet that duty, and
as a result, you were injured. If your injuries led to medical bills, lost income, or pain and
suffering, you may have the right to pursue a personal injury claim.
In Texas, the statute of limitations for most personal injury cases is two years from the date of
the accident. This means you must file a lawsuit within that timeframe or risk losing your right
to recover compensation, no matter how serious your injuries are.
There are exceptions:
• If the injured person is a minor, the clock typically starts running when they turn 18.
• If your case involves a government entity, you may have as little as 6 months to provide
notice of your claim.
Because deadlines vary, it’s important to talk to a lawyer quickly. We can determine which
deadlines apply to your case and ensure everything is filed on time
The value of a personal injury case depends on many factors, including:
• The severity and type of your injuries
• The cost of current and future medical treatment
• Lost income and impact on your ability to work
• Pain, suffering, and emotional distress
• The degree of negligence by the other party
Some cases may be worth a few thousand dollars, while others involving catastrophic injuries
can be worth millions. Insurance companies often push quick, low settlements before you know
the full extent of your damages. We carefully evaluate every detail, often consulting with
medical and financial experts, to pursue the maximum compensation available.
Every case is different. Some claims can be resolved in a few months if liability is clear and
injuries are well-documented. More complex cases, especially those involving severe injuries or
disputed fault, may take a year or more — particularly if a trial is necessary.
The timeline depends on:
• How long it takes to complete medical treatment
• How willing the insurance company is to negotiate fairly
• Whether the case needs to go through the court system
While we cannot promise an exact timeframe, we keep you updated at every stage and push for
the fastest resolution possible without compromising the value of your case.
Even “minor” accidents can become more complicated than expected. Injuries that seem small at
first — like whiplash, back pain, or headaches — sometimes develop into long-term issues.
Insurance companies also often minimize payouts, even for small claims.
Consulting a lawyer ensures you understand your rights before making decisions. At The
Lakhani Law Firm, consultations are free, and you pay nothing unless we recover compensation
for you. Speaking with an attorney early can prevent costly mistakes.
If your injury required medical care, caused you to miss work, or continues to affect your daily
life, it is likely serious enough for a claim. Many injuries that don’t seem severe — like
concussions or soft tissue damage — can lead to long-lasting complications.
A lawyer can review your medical records, treatment needs, and the impact on your work and
life to determine whether pursuing a claim makes sense. Even if you’re unsure, getting advice
early is the best way to protect your rights.
This is very common. Adrenaline can mask pain immediately after an accident, and certain
injuries (like concussions, whiplash, or internal damage) may not show symptoms right away.
If you notice new pain or symptoms days or weeks later, see a doctor immediately. Documenting
your medical visits creates a clear record linking your injury to the accident. Insurance
companies may try to argue that your injuries aren’t related — but with proper medical
documentation and legal representation, you can still have a strong case.
What to Do After an Accident
Your first priority is safety. Call 911 to report the accident and request medical help if anyone is
injured. If possible, move your vehicle to a safe location without leaving the scene. Exchange
information with the other driver — including name, contact details, driver’s license number, and
insurance information.
It’s also critical to document the accident. Take photos of vehicle damage, skid marks, traffic
signals, and any visible injuries. If there are witnesses, ask for their names and phone numbers.
Even if you don’t feel hurt, seek medical care right away. Some injuries, like concussions or
internal bleeding, may not show symptoms immediately.
Finally, avoid admitting fault or making statements to the insurance company before speaking
with an attorney. Insurance adjusters may try to use your words against you. Calling a lawyer
early ensures your rights are protected from the start.
Yes. If you were injured on the job because of someone else’s negligence, you may have
multiple options for recovery. For example:
• If a third-party contractor caused your injury, you could have a personal injury claim
against that company.
• If defective equipment was involved, you may have a product liability case.
• In addition, you may qualify for workers’ compensation benefits (if your employer
carries it).
These cases can be complex because you may be dealing with both your employer’s insurance
and outside parties. Our firm investigates all possible sources of compensation so you’re not left
covering costs on your own.
The stronger your evidence, the stronger your case. If you’re able, collect:
• Photos and videos of the accident scene, vehicle damage, and visible injuries.
• Police or incident reports (ask for a copy from responding officers or property
managers).
• Medical records from doctors, hospitals, or urgent care visits.
• Witness statements or at least names and phone numbers of people who saw what
happened.
• Personal notes — write down what you remember while it’s still fresh.
Don’t worry if you couldn’t collect everything at the time — we step in quickly to track down
additional evidence, including surveillance footage, black box data, and official reports.
Yes. In fact, this is one of the most important things we do for our clients. We handle requests
for police reports, collect your medical records, and track down witnesses to strengthen your
case. Many people don’t realize how difficult it can be to obtain these documents on their own.
Our firm knows the proper legal channels and moves quickly to ensure nothing is missed.
Absolutely. Surveillance footage can be some of the most powerful evidence in a personal injury
case. Businesses, traffic cameras, and even nearby homes may have video of the accident.
However, many of these systems automatically erase footage after a short period of time.
That’s why it’s important to contact us quickly. We send out preservation letters and legal
requests to make sure video and photos are not deleted. Whether it’s a convenience store camera
catching a slip and fall or a dashcam recording a car crash, we work to secure every piece of
evidence that supports your claim.
Case Handling & Legal Process
Most personal injury cases settle out of court. Insurance companies often prefer to avoid the time
and expense of a trial. However, settlements are only acceptable if they fairly cover your
damages. If the insurance company refuses to make a reasonable offer, we are fully prepared to
take your case to trial.
Our approach is to prepare every case as if it will go before a jury. This not only strengthens your
position but also signals to the insurance company that we are serious about fighting for full
compensation.
Fault is determined by investigating the facts of the accident. Evidence may include:
• Police or accident reports
• Witness statements
• Photos and videos from the scene
• Surveillance or dashcam footage
• Expert analysis, such as accident reconstruction
• Medical records linking injuries to the accident
In Texas, liability often depends on proving negligence — that the other party failed to act with
reasonable care and caused your injuries. The stronger the evidence, the clearer the case for fault.
Yes. Texas follows a modified comparative negligence rule. This means you can recover
damages as long as you were less than 51% at fault for the accident. However, your
compensation will be reduced by your percentage of fault.
For example, if you are awarded $100,000 but found 20% at fault, you would still recover
$80,000. Insurance companies often try to inflate your share of fault to reduce payouts, which is
why having an attorney fight for you is so important.
Personal injury damages typically fall into two categories:
• Economic damages: Medical expenses (past and future), lost wages, loss of earning
capacity, property damage, rehabilitation costs, and out-of-pocket expenses.
• Non-economic damages: Pain and suffering, emotional distress, loss of enjoyment of
life, and, in wrongful death cases, loss of companionship or support.
In some cases involving gross negligence or reckless conduct, you may also be entitled
to punitive damages designed to punish the wrongdoer.
To prove negligence, we must show four elements:
1. Duty of care — the defendant had a legal responsibility (e.g., a driver must follow traffic
laws).
2. Breach of duty — they failed in that duty (e.g., texting while driving).
3. Causation — their breach directly caused your injury.
4. Damages — you suffered measurable losses (medical bills, lost income, pain, etc.).
We gather evidence, work with experts, and build a compelling case that connects the dots
between negligence and your injuries.
Experts can be vital in personal injury cases. For example:
• Accident reconstruction specialists explain how a crash happened.
• Medical experts describe the severity of injuries and long-term effects.
• Vocational and economic experts calculate lost earning capacity and future financial
losses.
Their testimony adds credibility and clarity, helping juries and insurers fully understand the
impact of your injuries.
Communication is a top priority. We provide regular updates at key stages of your case and
respond promptly to questions. You’ll never be left wondering what’s happening — you’ll
always know where your case stands and what to expect next.
Your case will be led by an experienced attorney, with support from paralegals and staff who
assist with research, paperwork, and communication. You’ll have direct access to your attorney,
and your case will never be handed off to someone who isn’t qualified to fight for you.
Yes, in many situations. While our primary practice is in Texas, we can often represent clients
injured in other states by working with trusted local counsel or through special court
permissions. If you’re a Texas resident injured elsewhere — or someone from another state
injured in Texas — contact us and we’ll explain how we can help.
Costs, Fees & Consultations
At The Lakhani Law Firm, there are no upfront costs to hire us. We work on what’s called a
contingency fee basis, which means our payment comes as a percentage of the settlement or
verdict we win for you. If we don’t win, you don’t pay us anything.
This system makes high-quality legal representation accessible to everyone, regardless of
financial situation. You won’t be billed by the hour, and you’ll never be asked for retainers or
out-of-pocket payments during the case
Yes. A contingency fee arrangement means our firm’s fee is directly tied to the outcome of your
case. If we win compensation for you, our fee is deducted from that amount. If we don’t recover
anything, you owe us nothing.
This approach ensures that our goals are aligned with yours — we’re motivated to fight as hard
as possible to secure the maximum recovery for you
No. You won’t pay us anything up front. In fact, we advance the costs needed to build your case,
such as court filing fees, medical record requests, accident reconstruction experts, or witness
testimony. These costs are only reimbursed if we win your case.
This allows you to focus on your recovery without the stress of financing a legal battle against an
insurance company.
During your free consultation, we’ll take the time to listen to your story and understand how the
accident has impacted your life. We’ll review the details of what happened, explain your legal
rights, and answer any questions you may have.
We’ll also outline what the process may look like if you decide to move forward. There’s no
obligation — the consultation is simply a chance for you to get clarity, understand your options,
and decide if we’re the right fit for your case.
The more information you bring, the better we can evaluate your case. Helpful items include:
• Accident or police reports
• Medical records and bills related to the injury
• Photos or videos from the accident scene
• Contact and insurance details for the other parties involved
• Any correspondence with insurance companies
If you don’t have all of these, don’t worry. Bring what you do have, and we can help gather the
rest. Even basic notes about what happened can be valuable
Insurance, Medical Bills & Coverage
No. Insurance adjusters are trained to protect their company’s profits, not your well-being. They
may ask leading questions, push you to give a recorded statement, or try to get you to admit fault
— even casually saying “I’m sorry” can be used against you. They may also pressure you into
accepting a quick, low settlement before you know the full extent of your injuries.
By hiring a lawyer first, you shift all communication to us. We know the tactics insurance
companies use, and we push back to protect your rights. Speaking with us before the insurance
company ensures you don’t make mistakes that could weaken your case.
Ultimately, the at-fault party (or their insurance company) is responsible. However, while your
case is pending, you may have to rely on other sources:
• Your health insurance may cover treatment initially.
• MedPay or PIP coverage on your auto policy may help with immediate expenses.
• Workers’ compensation may cover medical care for workplace injuries.
We make sure your providers are aware of your claim and often negotiate arrangements so
you’re not stuck with unpaid bills while waiting for your case to resolve.
Not having health insurance doesn’t mean you can’t get medical care after an accident. Many
doctors and hospitals will work with us under a medical lien agreement, meaning they agree to
treat you now and be paid later from your settlement.
This ensures you still get the treatment you need — MRIs, surgeries, physical therapy, or
ongoing care — without worrying about immediate out-of-pocket costs. Our firm helps connect
clients with providers willing to work under these arrangements.
Unfortunately, many drivers in Texas are uninsured or underinsured. If that happens, you may be
able to file a claim under your uninsured/underinsured motorist (UM/UIM) coverage.
These cases can be tricky because you’re technically filing against your own insurance company
— and they often treat you like an opponent. We handle the claim, negotiate aggressively, and
ensure your insurer doesn’t shortchange you.
It can. If your health insurance, Medicare, Medicaid, or workers’ compensation pays for your
accident-related treatment, they may place a lien on your settlement. This means they have the
right to be reimbursed once your case is resolved.
The good news is that these liens are often negotiable. We work to reduce the amounts owed so
you keep as much of your settlement as possible.
Liens and subrogation are legal tools that allow insurers or medical providers to recover money
they spent on your care. For example, if your health insurance paid $20,000 for treatment, they
may file a lien to get reimbursed from your settlement.
Without legal help, these claims can take a large chunk out of your recovery. Our firm negotiates
aggressively with insurers and providers to lower these amounts. That way, more of the
settlement stays where it belongs — with you.
Settlements, Trials & Recovery
A settlement is a negotiated agreement between you (the injured party) and the insurance
company or defendant. Most settlements happen before trial and allow you to receive
compensation without the stress and uncertainty of going to court.
A verdict is a decision made by a judge or jury after a trial. Verdicts can sometimes result in
higher compensation, but they also carry more risk and take longer.
At The Lakhani Law Firm, we prepare every case as if it will go to trial. This gives us leverage
in negotiations and ensures we’re ready to fight in court if the insurance company refuses to be
fair.
Insurance companies are skilled at minimizing payouts. They may argue your injuries aren’t
serious, claim you were at fault, or delay the process until you feel pressured to settle.
We fight back by building strong, evidence-based claims. This includes medical records,
accident reports, witness statements, and expert testimony. By presenting a clear picture of
liability and damages, we put pressure on the insurer to pay what your case is worth. If they
refuse, we’re ready to file suit and take the case before a jury.
Yes. You are never obligated to accept a settlement. Our role is to evaluate the offer, explain
whether it’s fair, and advise you on your options. The decision is always yours.
If you reject an offer, negotiations can continue — or we can move forward toward trial if
necessary. Our priority is making sure you are comfortable with the outcome and confident that
your rights are protected.
In many cases, yes. Early settlement offers are usually made before the full extent of your
injuries and future needs are clear. If you accept too soon, you may waive your right to recover
additional compensation later.
For example, if you settle right after a car accident but later need surgery, you will likely have to
pay those medical bills out of your own pocket. That’s why we recommend waiting until you’ve
reached maximum medical improvement (MMI) or have a clear picture of your future care needs
before resolving your case.
Absolutely. While many cases resolve through settlement, we are not afraid to go to trial when
the insurance company refuses to do the right thing. Our firm’s reputation for aggressive trial
preparation often encourages insurers to make stronger offers.
If trial becomes necessary, we’ll guide you through the process, prepare you for what to expect,
and fight for your rights in court. Our mission is always the same: to secure the maximum
compensation you deserve.
Why Choose Our Firm
While it’s possible to handle a claim without a lawyer, doing so often puts you at a serious
disadvantage. Insurance companies deal with claims every day — they know the system inside
and out, and their adjusters are trained to minimize payouts. Without legal representation, you
may be pressured into accepting far less than your case is worth or even have your claim denied.
By hiring The Lakhani Law Firm, you gain an experienced advocate who knows the strategies
insurers use and how to fight them. We handle the legal and financial complexities, gather
evidence, consult experts, and negotiate aggressively on your behalf. Most importantly, we
protect you from making mistakes that could weaken your case. Our goal is to level the playing
field and make sure you recover the full compensation you deserve.
At The Lakhani Law Firm, we believe clients deserve both compassionate care and aggressive
representation. From the moment you call us, you’ll speak directly with an attorney who takes
the time to listen to your story and understand how your injury has affected your life. You won’t
be shuffled between departments or treated like just another file number.
We pride ourselves on clear communication, keeping you informed at every stage of your case.
At the same time, we are relentless when dealing with insurance companies and defense lawyers.
We prepare every case as if it will go to trial, and we don’t back down until you get the justice
you deserve.
Unlike firms that settle quickly to move on to the next case, we are committed to pursuing
the maximum recovery for each client, no matter how hard the fight. That balance —
compassion for our clients, toughness against the opposition — is what truly sets us apart.
For your initial consultation, bring any relevant documents, such as contracts, court orders, correspondence, and any other materials related to your case. This will help our attorneys understand your situation better and provide more accurate advice.
Yes, we understand that legal expenses can be significant, and we offer flexible payment plans and financing options to help manage costs. Please discuss this with our team during your consultation.
The cost of our legal services varies depending on the complexity and nature of your case. During your consultation, we will provide you with a clear understanding of our fees and discuss payment options. We strive to offer competitive and transparent pricing.