Frequently Asked Questions

In Texas, the statute of limitations for a car accident claim is generally two years from the date of the crash. However, this deadline is not always set in stone. Under specific circumstances, Texas law allows for “tolling,” which effectively pauses the clock.

Key exceptions to the two-year rule include:

While you may have up to two years, it is critical to move quickly. Evidence like dashcam footage, witness memories, and black box data can vanish within weeks. Starting your claim early ensures this evidence is preserved so you can pursue the full compensation you deserve.

Most people think only of car repairs and current hospital bills. However, a full claim includes damages that are often overlooked or assumed not to apply, such as:

An experienced lawyer calculates these “invisible” losses to ensure your settlement covers the true, long-term cost of the accident.

Insurance adjusters may request recorded statements or attempt to discuss settlement shortly after an accident. While these conversations may seem routine, statements made early in the process can sometimes be used later to dispute liability or minimize injuries.

If the at-fault driver is uninsured or underinsured, it may still be possible to pursue compensation through uninsured/underinsured motorist coverage (UM/UIM) or other available sources.

Most personal injury attorneys work on a contingency fee basis, meaning legal fees are typically paid only if compensation is recovered for the client.

Texas uses a comparative fault rule, meaning you can recover damages if you are 50 percent or less at fault for the accident. Don’t let the insurance company convince you that your fault prevents you from compensation. Let the attorneys at Diamond Injury Law convince the insurance adjuster otherwise.

Most cases are resolved through negotiation without ever stepping foot in a courtroom. However, insurance companies are primarily focused on protecting their profits, and they know that litigation is incredibly costly for them. At Diamond Injury Law, we use this to your advantage by preparing every case as if it’s going to trial. When the insurer sees we are ready for a high-stakes legal battle, they are much more likely to offer a fair settlement to avoid the expense of a courtroom – but if they won’t play fair, we are fully prepared to fight for your rights in front of a judge.

You may still have options through your own uninsured or underinsured (UM/UIM) coverage. Often times you may already have UM/UIM coverage and not eve realize it because it’s often buried in the fine print of the your auto policy. Talk to a lawyer today to find out how to pursue your claim.

Seek medical attention right away, even if injuries seem minor. Document the scene if possible, gather witness information, and avoid giving recorded statements to insurance companies before speaking with a lawyer.

Personal injury claims are subject to strict filing deadlines. Waiting too long can weaken evidence and limit your legal options, so it’s best to speak with an attorney as soon as possible.

Every case is different. Value depends on the severity of injuries, available insurance coverage, and long-term impact. Early decisions can significantly affect the outcome, which is why strategic case handling matters from the start.

No. Your right to pursue compensation is based on the facts of the accident—not your immigration status.

Insurance companies often delay or dispute payments. Coverage depends on policy limits, fault determinations, and claim handling. An attorney helps ensure your medical treatment is properly documented and pursued.

In many cases, yes. Partial fault does not automatically bar recovery, but it may affect the amount of compensation. A thorough investigation is critical to protecting your claim.

Fault is established using evidence such as police reports, witness statements, surveillance footage, accident reconstruction, and medical documentation.

Compensation may include medical expenses, lost income, future care needs, pain and suffering, and long-term impairment or disability.

Yes. Insurance coverage does not guarantee fair compensation. Legal representation helps counter low settlement offers and protects against insurer tactics.

Uninsured motorist coverage protects you when the at-fault driver has no insurance. It can help cover medical bills, lost income, and other damages.

Underinsured motorist coverage applies when the at-fault driver’s insurance is not enough to fully compensate you for your injuries and other damages.

If the at-fault driver does not carry insurance, your uninsured motorist coverage may allow you to pursue compensation through your own insurance policy.

If the at-fault driver’s policy limits are insufficient to cover your damages, underinsured motorist coverage may help provide additional compensation.

Not necessarily. Many UM/UIM claims resolve through negotiation with the insurance company, though legal action may sometimes be necessary if coverage disputes arise.

The timeline can depend on both Texas law (typically two years from the date of the accident) and the terms of the insurance policy. Speaking with an attorney can help clarify the deadlines that apply in a particular situation.

Yes. UM/UIM claims still require proof of fault, which is why evidence and investigation are critical. Even if you’re not sure which driver was at fault, you may still have a claim. Talk to an experienced UM/UIM claims lawyer to discuss your options.

Most car insurance policies in Texas include some form of UM or UIM coverage. A UM/UIM claims lawyer can help you review the details of your policy so you’re prepared to fight for the compensation you deserve.

If you were injured in a hit and run accident, you have options for recovery. UM/UIM coverage may still apply, even if you don’t know the identity of the at-fault driver. You may have other options as well. Talk to an experienced car accident lawyer today.

No. Diamond Injury Law represents victims of drunk driving accidents by pursuing insurance claims and civil compensation only. The state will handle any criminal charges that the drunk driver may face.

DWI applies to adults 21 and over who are impaired by alcohol or drugs. DUI applies to minors under 21 with any detectable alcohol in their system.

If an intoxicated driver causes a crash, they may be held financially responsible for the injuries and damages that result from the accident.

In some situations, Texas law allows claims against businesses that served alcohol to a visibly intoxicated person who later caused an accident.

If the at-fault driver is uninsured or underinsured, it may still be possible to pursue compensation through uninsured or underinsured motorist coverage (UM/UIM) or other available sources.

Yes. Insurance claims are separate from criminal cases. Regardless of whether the at-fault driver was convicted for a DWI/DUI or not, you still have a claim.

No. Evidence that the at-fault driver was impaired can be a powerful part of building your claim. But all you need to do to establish liability is demonstrate that the driver was at fault for your accident.

Generally, the statute of limitations is two years from the date of the accident. Acting sooner helps preserve evidence and strengthens your claim.

Yes. In Texas, riders over 21 who meet certain insurance or training requirements are not legally required to wear a helmet. Not wearing a helmet does not give another driver the right to hit you, and it does not automatically bar you from seeking compensation.

Motorcycle claims often involve much higher medical damages and require more technical evidence regarding “conspicuity” (the visibility of the rider). There is also a higher level of insurance prejudice that your lawyer must be prepared to overcome.

If a poorly maintained road, loose gravel, or a construction defect caused your accident, you may have a claim against a government entity or a private contractor. These cases have very strict deadlines, so it is important to call a lawyer immediately.

Texas follows the “modified comparative fault” rule. As long as you are 50% or less at fault, you can still recover damages, though your settlement will be reduced by your percentage of fault.

A surviving spouse, children, or parents typically have the right to file. The estate may bring a survival action. If eligible family members do not file within a certain period, the estate’s representative may have authority to act on behalf of the beneficiaries.

Wrongful death compensates family members for their losses, such as lost financial support and companionship. A survivor claim compensates for damages the deceased suffered before passing, including medical expenses and pain and suffering. These claims are often pursued together but address different types of harm.

Generally, two years from the date of death, though exceptions may apply in certain circumstances. Acting sooner helps preserve evidence, secure witness testimony, and protect your family’s legal rights.

Many cases resolve through negotiation. However, being prepared for trial strengthens your family’s position and signals to insurers that your claim will not be undervalued or dismissed.