Texas Legal Glossary · Personal Injury

Personal Injury Claim

Written and reviewed by Shane M. Boasberg, founder of SMB Law, PC · Licensed in Texas since 2003 · Updated October 2026

Definition: A personal injury claim is a demand for compensation by someone hurt through another person’s negligence or wrongful act. In Texas it usually starts with the at-fault party’s liability insurer and becomes a lawsuit only if it does not settle within two years.

Also called: PI claim, bodily injury claim, injury claim

What a personal injury claim means in Texas

A personal injury claim is the legal demand an injured person makes against whoever caused the harm. It covers bodily injury from car crashes, falls, dog bites, defective products, and workplace incidents involving a third party. The claim rests on a tort theory, most often negligence.

The claim seeks three kinds of compensation. Economic damages are measurable losses: medical bills, lost wages, reduced earning capacity, and property damage. Noneconomic damages cover pain, mental anguish, physical impairment, and disfigurement. In cases involving gross negligence, exemplary damages may be added to punish the wrongdoer.

How it works in practice

Most claims never see a courtroom. The injured person or their lawyer opens a claim with the at-fault party’s insurer, gathers medical records and bills as treatment progresses, and sends a demand letter once the medical picture is clear. The adjuster responds, and negotiation follows.

If the insurer will not pay a reasonable amount, the claim becomes a lawsuit. The injured person files an original petition in district or county court, the defendant answers, and both sides exchange evidence through discovery. Travis County civil courts generally expect the parties to mediate before trial. The lawsuit must be filed within two years of the injury under CPRC § 16.003, and the insurer has no obligation to settle before that deadline passes.

Why it matters in your case

The value of a claim turns on documentation. Gaps in treatment, missed follow-up visits, and social media posts showing physical activity all reduce what an adjuster will pay. We handle injury claims on a contingency fee, which means the fee is a percentage of the recovery and nothing is owed if there is none.

Example

Renee is struck by a delivery van on Burnet Road and fractures her wrist. She treats for four months, misses six weeks of work, and ends up with $32,000 in medical bills and $9,000 in lost wages. Her lawyer sends a demand to the van company’s insurer for the policy limits. The insurer offers less, the parties mediate, and the claim settles for an amount that covers her bills, wages, and compensation for pain and impairment.

This entry explains Texas law in general terms and is not legal advice for any specific situation. Statutes and case law change; the date above reflects the last review.