# The Process of a Personal Injury Claim | Attorney Brian White **Table of Contents***[*Expand*]* 1. Finding and Hiring an Attorney 2. Statute of Limitations 3. Understanding a Personal Injury Claim 4. Demand 5. Filing a Complaint 6. Discovery 7. Settlement 8. Trial 9. Contact the Houston Personal Injury Lawyers at Attorney Brian White Personal Injury Lawyers For Help ![Houston Texas Lawyer](https://attorneybrianwhite.com/wp-content/uploads/2020/12/Jtna-vsw-300x200.jpeg) Once you’ve been injured in an accident because of someone else’s [negligence](https://attorneybrianwhite.com/faqs/what-is-negligence/), an overwhelming process begins. When you break down the process of a personal injury claim into small pieces, it can be easier to grasp.  At the beginning of the process of a personal injury claim, you need to get educated before you make any moves. Do your research when you find and hire an attorney to represent you. Choosing the right personal injury attorney can make a difference in the outcome of your case.  You also need to be educated about the basic personal injury laws and the legal process. The personal injury claim process involves: - Drafting and filing a complaint - Collecting and evaluating evidence - Negotiating settlement arrangements A significant majority of cases settle out-of-court and do not require a trial. However, if no settlement can be reached, the process of a personal injury claim could also include trial, and, in some cases, an appeal.  ## Finding and Hiring an Attorney Since most personal injury attorneys offer [free consultations](https://attorneybrianwhite.com/blog/9-things-you-should-know-about-a-free-lawyer-consultation/), you have nothing to lose when you choose to evaluate all of your options. You do not have to hire an attorney, but it’s in your best interest to do so. Contrary to popular belief, judges do not have a duty to help litigants who do not have an attorney.  Make sure the attorney you choose to represent you makes you feel [comfortable communicating](https://attorneybrianwhite.com/blog/six-signs-youve-hired-a-bad-attorney-tips-to-help-you-choose-the-right-one-in-the-future/). Insufficient communication marks the deterioration of many attorney-client relationships. Ask about the attorney’s experience with the kind of case you have and if they have enough time and [resources to take on your case](https://attorneybrianwhite.com/faqs/7-questions-to-ask-before-you-hire-a-personal-injury-attorney/). The length of time practicing is important as well as the lawyer’s focus on that type of case. The more often a person practices a skill, the better they become at it.  A trustworthy personal injury attorney should be transparent with you about [what your case is worth](https://attorneybrianwhite.com/blog/10-factors-that-determine-how-much-to-expect-from-a-car-accident-settlement/) and how they estimate the value of the claims.  No attorney can guarantee results. An experienced personal injury attorney can offer information on how damages are valued.  For a legal consultation call [(713) 500-5000](tel:+17135005000) ## Statute of Limitations In [Texas](https://www.texas.gov/), the statute of limitations for personal injury claims is [two years](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.33.htm). While two years sounds like a lot of time, it starts to run on the date of the injury and can only be suspended under very limited circumstances. If the complaint is filed after the statute of limitations expires, the claim may be waived forever.  ## Understanding a Personal Injury Claim A personal injury claim is one in which a person is claiming they have been injured by the acts or omissions of another person. After an accident, the parties involved might try to blame each other for the accident or injuries incurred.  [Click to contact](/contact-us/) us today ## Demand Many personal injury claims involve a [demand letter](https://attorneybrianwhite.com/blog/how-to-write-a-settlement-demand-letter/) before a formal lawsuit is filed. In a demand letter, your attorney might state why the defendant is at fault, summarize the injuries, and quantify the financial and non-financial damages. After the formal demand, your attorney and the insurance company attorney might spend weeks or months negotiating, exchanging information, and trying to reach an agreement.  Complete a [Case Evaluation Form](/contact-us/) Now ## Filing a Complaint If the demand letter and settlement negotiations do not result in an agreement, your attorney will file a complaint on your behalf. The formal complaint gives notice to the person being sued. It will identify all of the parties being sued, assert the plaintiff’s legal claims, state the facts that support the claims, and demand compensation for damages. Once the complaint is filed, it is [served](https://attorneybrianwhite.com/faqs/what-exactly-can-a-process-server-do-to-serve-papers/) on the defendant.  ## Discovery [Discovery](https://www.law.cornell.edu/wex/discovery) is the phase in a lawsuit where each side exchanges information and evidence. Each party’s attorney can draft written questions and request copies of specific documents that may prove relevant facts or lead to the discovery of relevant facts. Discovery often involves depositions, in which attorneys ask questions of a witness sworn to tell the truth.  ## Settlement The significant majority of all cases settle before trial. Many cases settle “on the courthouse steps,” just like they show it in the movies. Attorneys negotiate all important details and reduce them to writing to complete a [settlement](https://attorneybrianwhite.com/faqs/how-do-car-accident-settlements-work/). The plaintiff agrees to surrender their claims against the defendant in exchange for an amount of money, in most cases.  ## Trial While very few cases go to trial, the ones that do are likely to be high-conflict and feature hotly disputed facts. At trial, both sides have an opportunity to produce evidence, including witness testimony, to prove their claim or defense. Each side also gets the chance to [cross-examine](https://attorneybrianwhite.com/blog/cross-examination/) the other side’s witnesses.  ## Contact the Houston Personal Injury Lawyers at Attorney Brian White Personal Injury Lawyers For Help Our offices Houston — Greenway/Upper Kirby 3120 Southwest Freeway, Suite 350 Houston, TX 77098 Open 24 hours daily Call [(713) 364-1466](tel:+17133641466) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%203120%20Southwest%20Freeway%2C%20Suite%20350%2C%20Houston%2C%20TX%2077098) Houston — East Freeway 11811 East Freeway, Suite 630-06 Houston, TX 77029 Open 24 hours daily Call [(713) 609-1893](tel:+17136091893) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%2011811%20East%20Freeway%2C%20Suite%20630-06%2C%20Houston%2C%20TX%2077029) Houston — South Loop 2600 South Loop West, Suite 293 Houston, TX 77054 Open 24 hours daily Call [(713) 281-4904](tel:+17132814904) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%202600%20South%20Loop%20West%2C%20Suite%20293%2C%20Houston%2C%20TX%2077054) Houston — Katy Freeway 11511 Katy Fwy, Suite 515 Houston, TX 77079 Open 24 hours daily Call [(713) 909-7537](tel:+17139097537) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%2011511%20Katy%20Fwy%2C%20Suite%20515%2C%20Houston%2C%20TX%2077079) Houston — Clear Lake 1300 Bay Area Blvd, Suite B268 Houston, TX 77058 By appointment only Call [(936) 508-2854](tel:+19365082854) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%201300%20Bay%20Area%20Blvd%2C%20Suite%20B268%2C%20Houston%2C%20TX%2077058) The Woodlands 1776 Woodstead Ct, Ste. 203 The Woodlands, TX 77380 By appointment only Call [(281) 843-9777](tel:+12818439777) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%201776%20Woodstead%20Ct%2C%20Ste.%20203%2C%20The%20Woodlands%2C%20TX%2077380) Champion Forest (Cypress) 4606 FM 1960 Rd W, Ste. 444 Houston, TX 77069 By appointment only Call [(281) 843-9777](tel:+12818439777) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%204606%20FM%201960%20Rd%20W%2C%20Ste.%20444%2C%20Houston%2C%20TX%2077069) --- ### About the Author Brian White ![About the Author Brian White](https://attorneybrianwhite.com/wp-content/uploads/2024/12/brian-white-houston-personal-injury-lawyer-300x300.jpg) [Brian White](https://attorneybrianwhite.com/about/our-attorneys/brian-white/) earned his J.D. from South Texas College of Law in Houston and is licensed to practice in Texas. He is a [Board-Certified](https://attorneybrianwhite.com/resources/brian-white-is-board-certified-in-personal-injury-trial-law/) Personal Injury Trial Lawyer. Dedicated to giving back, he actively supports local charities and [community initiatives](https://attorneybrianwhite.com/about/community-involvement/). [Client testimonials](https://attorneybrianwhite.com/about/testimonials/) highlight Brian’s compassion, open communication, and dedication to achieving the best outcomes for those he represents. [Avvo](https://www.avvo.com/attorneys/77098-tx-brian-white-74113.html) / [Justia](https://lawyers.justia.com/lawyer/brian-elliott-white-201630) / [Linkedin](https://www.linkedin.com/in/attorney-brian-white-378410166) / [Facebook](https://www.facebook.com/login/?next=https%3A%2F%2Fwww.facebook.com%2FBrianWhiteLawFirm%2F/) / [Youtube](https://www.youtube.com/channel/UCDdkDcGkbY2GFTzpeTWypFQ) / [Instagram](https://www.instagram.com/attorneybrianwhite/?hl=en) / [Yelp](https://www.yelp.com/biz/brian-white-and-associates-houston) / Call or Text [(713) 500-5000](tel:+17135005000) or Complete a [Case Evaluation Form](/contact-us/) Personal Injury Blog Posts: [![10 Tips for Seeking Full Compensation in Your Personal Injury Case](https://attorneybrianwhite.com/wp-content/uploads/2025/11/10-Tips-for-Seeking-Full-Compensation-in-Your-Personal-Injury-Case-300x200.jpg)](https://attorneybrianwhite.com/blog/10-tips-for-seeking-full-compensation-in-your-personal-injury-case/) [10 Tips for Seeking Full Compensation in Your Personal Injury Case](https://attorneybrianwhite.com/blog/10-tips-for-seeking-full-compensation-in-your-personal-injury-case/) If you’ve been injured in an accident caused by someone else’s negligence, you deserve compensation for your [![AI and Personal Injury Law: Trends to Watch in 2025](https://attorneybrianwhite.com/wp-content/uploads/2025/10/AI-and-Personal-Injury-Law-Trends-to-Watch-in-2025-300x200.jpg)](https://attorneybrianwhite.com/blog/ai-and-personal-injury-law-trends-to-watch-in-2025/) [AI and Personal Injury Law: Trends to Watch in 2025](https://attorneybrianwhite.com/blog/ai-and-personal-injury-law-trends-to-watch-in-2025/) The way personal injury cases are being handled in Houston—and across the country—is changing fast. Artificial [![Houston Texas Lawyer](https://attorneybrianwhite.com/wp-content/uploads/2020/09/houston-texas-lawyer-300x200.jpg)](https://attorneybrianwhite.com/blog/how-texas-statutes-impact-personal-injury-claims/) [How Texas Statutes Impact Personal Injury Claims](https://attorneybrianwhite.com/blog/how-texas-statutes-impact-personal-injury-claims/) Many people do not realize that laws in every state limit how much time you have to file a personal injury [![Texas Golf Cart Laws](https://attorneybrianwhite.com/wp-content/uploads/2023/06/Texas-Golf-Cart-Laws-300x200.jpg)](https://attorneybrianwhite.com/blog/texas-golf-cart-laws/) [Texas Golf Cart Laws](https://attorneybrianwhite.com/blog/texas-golf-cart-laws/) Many people in Houston use golf carts as a means of transportation. Changes to the Texas golf cart laws allow people --- Source: https://attorneybrianwhite.com/blog/the-process-of-a-personal-injury-claim/