Austin Personal Injury Lawyers

Proving a Personal Injury Case in Travis County

To file a personal injury claim, you must prove certain elements that establish the defendant’s liability. 

These elements include: 

• The defendant owed you a duty of care to conduct themselves in a safe manner.
• The defendant acted negligently, recklessly, or in a way that a reasonable person would view as irresponsible given the circumstances.
• The unsafe behavior of the defendant directly resulted in the injury of the plaintiff.
• The plaintiff suffered damages because of the defendant’s actions.

In Travis County, your attorney may collect police reports, medical records, and eyewitness statements to support your claim. Sometimes, additional evidence such as surveillance footage or business records can establish exactly how your accident occurred. The legal standard of proof in personal injury cases is a "preponderance of the evidence," which means your attorney must show that the defendant’s actions more likely than not caused your injuries. Meeting this standard can be decisive for a successful recovery for Austin accident victims.

How Comparative Negligence Can Affect Your Case 

The way negligence is factored into personal injury lawsuits varies by state. In Texas, we use a comparative negligence system. This means that the percentage of liability of each party is factored into the damages. For example, if you were injured in an accident that was found to be 30% your fault, your potential compensation would decrease by 30%, meaning you would only be able to recover 70% of the total amount you were seeking in damages. 

Specifically, Texas follows a rule of modified comparative negligence. This means that, under this rule, you cannot claim damages from the other party if you were more than 50% to blame.

What Is the Statute of Limitations on Personal Injury Lawsuits in Texas?

The statute of limitations refers to the deadline by which you must file a personal injury lawsuit. In other words, the statute of limitations sets the maximum time after an event during which legal proceedings may begin. If a lawsuit is not filed within this time, the injured party will likely lose the right to seek compensation for their injuries, as the judge will almost certainly dismiss any case filed after the statute of limitations has expired. 

In Texas, the statute of limitations for filing a personal injury lawsuit is generally two years from the date of the injury. However, some exceptions and nuances apply, so consult a legal professional to understand how these deadlines affect your specific case. Even if you believe the deadline may have passed, we encourage you to contact our Austin personal injury lawyers to find out if you still have grounds for a claim. 

The statute of limitations applies to most personal injury lawsuits, including motor vehicle accidents, slip and falls, and product liability actions in Texas. For injuries involving government entities, you may face additional notice requirements and shorter deadlines, such as having to file a formal notice of your claim with the City of Austin or Travis County within six months. Failing to act within the applicable timeframe can mean forfeiting your right to bring a lawsuit, making it crucial to consult with a knowledgeable attorney as soon as possible. Taking timely action helps your attorney preserve valuable evidence and increases the likelihood of a successful claim.

Steps to Take After an Accident or Injury in Austin

Knowing what to do after suffering a personal injury can help protect your health and your legal rights. After any accident in Austin, you should seek medical attention, even if your injuries seem minor. Medical providers at local hospitals such as Dell Seton Medical Center or St. David's South Austin Medical Center can document your condition and help establish a record for any claim.

If it is safe, collect evidence at the scene. Take photographs of your injuries, vehicles involved, hazards, or unsafe conditions. Gather contact details from witnesses who saw the accident, as their accounts may play a key role in supporting your claim. For incidents that occur on public property or involve law enforcement response, ask for copies of police or incident reports from agencies like the Austin Police Department.

Do not give statements or sign documents from insurance representatives or property owners before you have had a chance to discuss your situation with a legal professional. Early conversations can shape the direction of your claim. We help you through these steps, answer your questions, and prioritize clear communication with Austin-area authorities, healthcare providers, and insurance adjusters. This detailed support can help you feel more confident and ready to move forward with your claim.

How Personal Injury Claims Are Handled by Austin & Travis County Courts

Travis County courts oversee personal injury cases arising from accidents, negligence, and wrongful acts in the Austin area. Personal injury lawsuits typically begin in the district or county courts at law, both located in the downtown Austin courthouse. The process often includes pre-trial conferences, the exchange of evidence (known as discovery), and an opportunity for parties to negotiate a settlement before trial. Local judges follow both Texas law and court-specific procedures, which can affect the timing and order in which cases move toward resolution.

For clients in the Austin area, navigating the local court system matters. The rules and expectations set by Travis County judges can influence deadlines, motions, and requirements before hearings. Access to resources such as mediation, case management conferences, or remote appearances may impact how your case progresses. Our Austin attorneys understand the practical realities of trial scheduling, evidentiary presentations, and local preferences, and guide every client with clear explanations of what to expect throughout their claim.

By working with a legal team that knows the court process, you benefit from informed strategies that anticipate challenges specific to the city and county. We aim to make the legal process more accessible and less intimidating, so clients can focus on their recovery while we address procedural details.

Frequently Asked Questions

How long does an Austin personal injury case usually take?

The length of a personal injury case in Austin varies depending on the complexity of the facts, the responsiveness of insurance companies, and whether the claim goes to trial. Some claims resolve in several months, while those involving serious injuries or disputed liability may take a year or more. During an initial consultation, we outline the factors that could influence your case timeline.

Will my personal injury case go to trial in Travis County?

Most personal injury claims settle out of court through negotiation with the involved parties. However, if settlement isn’t possible, your case may proceed to trial in a Travis County court. We explain each step and prepare clients for what to expect if their case moves into litigation.