Bone fracture foot and leg on male patient with splint cast .


Jose Orihuela, Attorney at Law Aug. 18, 2022

Getting injured in a negligent accident can be an emotional and unsettling experience. Unfortunately, a lot of accident victims are unable to figure out the next steps to take in order to seek financial compensation for their injuries. Essentially, what you do – or do not do – after the accident can hugely affect the outcome of your insurance claims. An adept Texas personal injury attorney can help you understand the dos and don'ts after an accident for a successful injury claim.  

Here at my firm, Jose Orihuela, Attorney at Law, I'm poised and ready to guide, support, and represent accident victims in their personal injury claims. I have the knowledge and resources to discuss your specific situation and inform you about what you need to do or avoid to file a successful injury claim. In addition, I have the tools necessary to fight compassionately for your legal rights and help you pursue maximum financial compensation. My firm is proud to serve clients across Houston, Pasadena, Webster, South Houston, Alvin, Kemah, and Clear Lake, Texas. 

Filing a Personal Injury Claim in Texas 

Texas is an "at-fault" auto insurance state. According to the state at-fault laws, the person who caused the accident (the at-fault party) will be held financially and civilly liable for medical expenses, property damages, and other accident-related losses suffered by the injured victims. To recover damages, you can proceed by: 

  • Filing a first-party injury claim with your own insurer. 

  • Filing a third-party claim against the insurance provider of the at-fault party. 

  • Filing a personal injury lawsuit against the at-fault party in civil court. 

However, for your injury claims to be successful, you need to take the right steps and follow the necessary requirements. A practiced lawyer can educate you about what you should do – or shouldn't do – after the accident or when you enter into a personal injury claim. 

What to Do and NOT Do After an Injury 

According to the 2021 Texas Motor Vehicle Traffic Crash Facts, there were 552,224 total traffic crashes statewide, causing 239,539 injuries. The moments after an accident can be overwhelming and confusing to sort through. Nonetheless, understanding the dos and don'ts after an accident or injury is important when pursuing damages. Below are some of the dos and don'ts when seeking compensation or filing your personal injury claims: 


Don't leave the scene of an accident until you've exchanged information. 

Following the accident, ensure that you exchange relevant information with the other driver. These include the driver's name, address, phone number, license number, vehicle registration number, and insurance information. Be sure you get every information you need and to avoid claims of a hit and run. 

Don't neglect your injuries, even if you're uninsured or underinsured. 

Additionally, always get immediate medical help after an accident. Seeking medical attention from a qualified physician is important for your safety, health, personal, and legal reasons. The doctor can help determine the extent of your injuries, identify hidden injuries and symptoms, and offer adequate treatment. Also, you should get medical treatment for proper documentation and to avoid possible issues with the insurance provider when you file your injury claims. 

Don't accept the first deal you're offered by the insurance company. 

Often, the insurance company's first settlement offer is usually low. It might not account for all medical expenses and future costs like time missed from work and unforeseen medical bills. Do not accept it. Allow your attorney to review the offer and help negotiate an improved settlement. Your lawyer can also take additional legal action against the insurer to help recover the maximum financial compensation. 

Don't talk about the case, not even to your friends. 

When you file your personal injury claims, do not discuss the case details with anyone, not even your friends. All confidential information, vital case details, and strategies should remain between you and your attorney. Also, stay away from social media and avoid posting anything about the accident. 

Don't talk to the insurance adjuster first. 

Talking to the claims adjuster or giving a recorded statement without consulting with your legal counsel is never a good idea. The insurance adjuster may interpret your statement in a different way or use your statement against you later on. Hence, you should talk to your lawyer first to avoid making statements that will hurt your case unintentionally. 


Do contact a personal injury attorney. 

Contact a personal injury attorney to help file your personal injury claims. Your attorney can review all of the facts of your case and explore your available options to pursue damages. 

Do keep records of everything. 

For proper documentation, keep records of every file and document related to your injury or accident. These include relevant information about the other driver, accident scene pictures, police reports, and witness testimonies and statements. 

Do document your personal account of the incident. 

Write down your personal account, including everything you can remember leading up to the accident, from the accident, or after the accident while it's fresh. 

Do keep medical records. 

Keep every single medical expense, medical record, doctor's appointment, and therapy session. This will be important to ascertain the magnitude of your injuries and damages and estimate the case value when pursuing your claims. 

DO record how the accident is affecting your daily life. 

Also, record the impact of the incident on your daily life, as well as your work and ability to draw a paycheck. 

If you were involved in a negligent accident, you need to reach out to an experienced personal injury attorney immediately. Your lawyer can assess all the details of your case, help you make informed decisions, and put you on the right path toward a successful injury claim. 

Receive Knowledgeable Legal Guidance Today 

Being involved in any kind of accident can be devastating and can affect you financially, emotionally, and physically. While you may be eligible to pursue fair compensation, it is still crucial for you to take the necessary steps to avoid hurting your claims inadvertently. Therefore, consulting with an experienced personal injury attorney is essential for proper guidance and to protect your legal rights.  

At Jose Orihuela, Attorney at Law, I ensure to focus on advocating for the best interests of my accident victims. With my in-depth understanding of the laws and procedures addressing liability in personal injury cases, I can advise you through the overly-complicated claims process. 

Contact my firm – Jose Orihuela, Attorney at Law – today to schedule a simple consultation with a proficient car accident lawyer. I can advocate diligently for your rights and improve your chances of a successful personal injury claim. My firm is proud to serve clients across Houston, Pasadena, Webster, South Houston, Alvin, Kemah, and Clear Lake, Texas.