Most people who are hurt in a crash have never been through a personal injury case, and not knowing what comes next can add to the stress of recovering. The San Antonio firm Felix Gonzalez Accident and Injury Law Firm, which serves clients across Texas, lays out the general path of a case on its website in six steps: a free consultation, investigation, a demand package, filing a lawsuit, discovery and trial. This post walks through each step, what it generally involves, and where Texas law sets the ground rules.
One caution before starting. Not every case passes through every step. The firm's own FAQ makes the point directly: not every case ends up in trial, and many personal injury claims are resolved through settlement negotiations.
The firm describes the first meeting as "an opportunity to discuss the accident, your injuries, and your goals," and it offers that meeting free. In practical terms, this is where the lawyer hears what happened, what injuries resulted and what treatment has followed, and where the injured person can ask how the process works, how communication will be handled and what the lawyer will need from them.
It helps to arrive with whatever is already on hand: the crash report number, photos, names of witnesses, insurance information and any letters or emails from insurance companies.
The firm says it collects "police reports, medical records, witness statements, photos of the scene, and any other documentation relevant to your accident." Some of that material exists because Texas law requires it. Under Section 550.062 of the Texas Transportation Code, a law enforcement officer who investigates a motor vehicle collision in the regular course of duty must make a written report if the collision resulted in injury to or the death of a person, or in damage to the property of any one person to the apparent extent of $1,000 or more. Section 550.065 allows a person involved in the collision to obtain that report on written request and payment of any required fee.
In truck cases, the investigation reaches further. The firm's truck accident page adds the carrier's own paperwork, such as driver logs and maintenance and hiring records, to the material it works to preserve.
Next, according to the firm, the attorney prepares "a demand package outlining the facts of your personal injury case" and requesting compensation for the client's damages. A demand typically pulls together the facts on fault, the medical records and bills, lost income and an account of how the injuries have affected daily life.
Texas law shapes what goes into it. The Civil Practice and Remedies Code separates economic damages, which make up for actual economic or pecuniary loss, from noneconomic damages, a category that Section 41.001 says covers losses such as pain and suffering, mental anguish, physical impairment and loss of enjoyment of life. For medical bills, Section 41.0105 caps recovery at what was actually paid or incurred by the claimant or on the claimant's behalf, so payment records matter as much as the bills themselves. Because a demand describes losses, it is usually easier to prepare once the course of medical treatment is clearer.
The firm's outline says that if negotiations do not produce a fair offer, the lawyer may file a lawsuit on the client's behalf. The timing is set by Section 16.003 of the Code, which gives a person two years from the day a personal injury claim accrues to file suit, subject to exceptions. Nothing in that section pauses the two-year period while the parties negotiate, so the calendar, not the pace of the talks, often decides when a suit has to be filed.
The firm explains that during discovery, "both sides exchange information and may take depositions of parties and witnesses." Discovery can include written questions, requests for documents and sworn testimony taken outside the courtroom.
Medical bills get attention at this stage too. Under Section 18.001, a sworn affidavit by whoever provided a service, or by the custodian of the records showing the service and charge, is sufficient evidence to support a finding that the charge was reasonable or that the service was necessary, unless the other side serves a counteraffidavit as the section requires. The affidavit is not evidence that the crash caused the injury; causation still has to be proved another way. The section also sets its own service dates for these affidavits, and they run alongside every other date in the case.
The firm notes that many cases settle before trial, but that if a case goes to court, the attorney presents the client's evidence. At trial, fault is divided in percentages. Under Section 33.003, the jury or judge assigns a share of responsibility to each claimant, defendant and settling person, and to any responsible third party who has been designated. A claimant whose share is more than half cannot recover damages under Section 33.001, and Section 33.012 cuts a recovering claimant's damages by his or her own percentage.
Through every step, the injured person's own habits matter: keeping medical appointments, following treatment plans, saving bills and pay records, and telling the lawyer about new providers, new symptoms or calls from insurers. A case is built from the record, and much of that record comes from the client's own life.
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.