An injury claim is built on records. The facts of the crash establish who was responsible, but the records of what happened afterward, the treatment, the bills, the missed work and the changes in daily life, establish what the injury has cost. Keeping those records well is one of the few parts of a claim that is entirely in the injured person's hands. This guide covers what to keep, why it matters under Texas law and how to organize it.
Texas law sorts compensatory damages into two groups. The Texas Civil Practice and Remedies Code, in Section 41.001, defines economic damages as compensation for actual economic or pecuniary loss. In a crash case, that usually means things like medical bills and lost earnings. It defines noneconomic damages as compensation for physical pain and suffering, mental or emotional pain or anguish, loss of consortium, disfigurement, physical impairment, loss of companionship and society, inconvenience, loss of enjoyment of life, injury to reputation and other nonpecuniary losses.
Felix Gonzalez Accident and Injury Law Firm draws the same line in its FAQ, explaining that economic damages cover direct financial losses such as medical expenses, lost wages and rehabilitation costs, while non-economic damages account for pain, suffering, emotional distress and reduced quality of life. Each category calls for a different kind of record.
Start a list of every provider you see after the accident: the ambulance service, the emergency room, doctors, physical therapists, imaging centers and pharmacies. Note the date of each visit. The firm's FAQ recommends obtaining copies of medical reports, and its description of a case investigation includes collecting medical records.
Keep the bills, but also keep the documents that show what was actually paid. Section 41.0105 limits recovery of medical or health care expenses to the amount actually paid or incurred by or on behalf of the claimant. Explanation of benefits statements from a health insurer, payment receipts and statements showing balances still owed help establish those amounts.
The provider list matters for another reason. Section 18.001 of the Code allows the reasonableness of a charge and the necessity of a service to be supported by an affidavit from the provider or the person in charge of its records, and the affidavit must include an itemized statement of the service and charge. Knowing exactly who treated you, and when, makes it possible to gather those records without gaps.
If the injury kept you from working, keep pay stubs from before and after the accident, a record of missed days and hours, and any letter from your employer confirming the time off. Self-employed people should keep invoices, tax records and records of cancelled jobs or appointments.
If your auto policy includes personal injury protection, Section 1952.151 of the Texas Insurance Code describes PIP as covering, for an income producer, replacement of income lost as the result of the accident, and Section 1952.154 allows the insurer to require reasonable medical proof of the injury causing the loss of income. Asking your doctor to put work restrictions in writing helps on both fronts.
Noneconomic losses are real but harder to show. A simple journal, written a few times a week, can help: pain levels, sleep, activities you could not do, events you missed and help you needed with ordinary tasks. Write it in your own words and keep it factual. Photos of visible injuries taken at intervals, from the first days through healing, show what words cannot.
Keep receipts for prescriptions, medical equipment such as braces or crutches, and other costs connected to the injury. Keep a log of trips to medical appointments. Whether a particular expense can be recovered depends on the facts of the case, but a cost that was never recorded is hard to account for later.
Photos of the vehicle, repair estimates, the final repair bill or total-loss paperwork and rental car receipts belong in the file too. They also help show the force of the collision.
One folder, paper or digital, with everything dated, is enough. Scan or photograph paper documents so there is a backup. Keep copies of letters and emails from insurance companies, and a log of phone calls with the date, the name of the person you spoke with and what was said. Be cautious about posting about the accident or your activities on social media, since posts can be read out of context.
If you speak with a lawyer, bring this folder. The firm offers free consultations, and a well-organized file lets that first conversation focus on your situation rather than on reconstructing dates.
This article is general information, not legal advice. Every case turns on its own facts; for advice about your situation, speak with a licensed Texas attorney.