Do I need a lawyer after a car accident in Texas?
Every rule below is quoted from Texas law or a state agency, with a link. Checked September 17, 2026.
The short answer
We can't tell you whether you need a lawyer. We can show you the Texas rules that usually decide it: how fault is split, how long you have, and how injury lawyers are allowed to charge. Many people with only car damage settle directly with the insurer. People with injuries, disputed fault or a claim near a deadline often talk to a lawyer first.
How fault changes your claim
If you were partly at fault
Texas uses modified comparative fault, called proportionate responsibility. You cannot recover any money if your own share of fault is greater than 50 percent.
“a claimant may not recover damages if his percentage of responsibility is greater than 50 percent”
How long you have
- 2 years
- to sue for injuriesTex. Civ. Prac. & Rem. Code 16.003(a)
- 2 years
- to sue for car or property damageTex. Civ. Prac. & Rem. Code 16.003(a)
- 2 years
- for a family to sue after a deathTex. Civ. Prac. & Rem. Code 16.003(b)
- 6 months
- to notify the government if a public vehicle or road was involvedTex. Civ. Prac. & Rem. Code § 101.101(a)
Deadline to sue for injuries
You have 2 years from the crash to sue over your injuries.
“a person must bring suit for trespass for injury to the estate or to the property of another, conversion of personal property, taking or detaining the personal property of another, personal injury, forcible entry and detainer, and forcible detainer not later than two years after the day the cause of action accrues”
If a government vehicle or road was involved
If a Texas or local government vehicle or a government's road or property caused your crash, the government must receive written notice within 6 months of the crash, unless it already actually knew about the death, injury, or property damage.
“A governmental unit is entitled to receive notice of a claim against it under this chapter not later than six months after the day that the incident giving rise to the claim occurred.”
How injury lawyers charge in Texas
Contingency fee rules
Texas has no dollar or percentage cap on personal injury contingency fees. The fee has to be reasonable, and the contingent fee agreement must be in writing.
“A contingent fee agreement shall be in writing and shall state the method by which the fee is to be determined.”
Questions to ask any lawyer before you sign
- What percentage do you charge, and does it change if the case goes to trial?
- Who pays case costs like records and expert fees if we lose?
- Will you handle my case yourself, or pass it to someone else?
- How long do cases like mine usually take here?
- What is the deadline for my claim, and when will you file?
If the insurer is the problem
File a complaint with the state
You can file a complaint against an insurance company with the Texas Department of Insurance online through the Consumer Complaint Portal, or by calling the TDI Help Line.
“Choose the type of insurance you're having a problem with to learn more about your options”
Sources on this page
Each one was opened and checked on September 17, 2026.
Know My Claim is not a law firm or a government agency, and this page is not legal advice. Laws change, so check the linked source before you rely on a deadline.