Texas Law States: How to start a personal injury case — what the law requires from day one
Starting a personal injury case in Texas or Tennessee is not a single filing event — it is an initiated legal relationship with a specific early sequence that determines what resources are available for the rest of the case. In Texas, Civil Practice and Remedies Code § 16.003 gives most injury victims two years from the date of injury to file a lawsuit. Tennessee’s TCA § 28-3-104 allows one year. But starting the case — retaining an attorney, initiating the investigation, and establishing the attorney-client relationship — must happen well before either deadline to be effective.
This post covers two things the sub-pillar on how to file a personal injury claim does not: what specifically happens during the initial attorney consultation and what decisions are made in the first days of representation that shape the entire case. For the full procedural framework behind the filing process, see our guide on how to file a personal injury claim in Texas and Tennessee.
What “starting a case” actually means legally
Starting a personal injury case is not the same as filing a lawsuit. It means entering a formal attorney-client relationship governed by a signed fee agreement, initiating a legal hold on all relevant evidence, and authorizing your attorney to act on your behalf in all communications with insurers and opposing parties. The lawsuit — if one is ever filed — comes later. The case itself starts the moment representation begins.
Why the first 30 days matter most
The first thirty days after an accident are when the most perishable evidence exists: surveillance footage is overwritten, accident scenes are cleaned up, witnesses are most accessible, and physical evidence is intact. Starting the case early means the investigation captures this evidence while it still exists — not months later when much of it is gone.
What the initial attorney consultation covers — and the decisions made before you leave
The initial consultation is not a sales meeting and it is not a casual conversation. It is a structured information exchange in which the attorney evaluates your claim and you evaluate the attorney and firm. Understanding what is covered in that meeting — and what decisions follow from it — allows you to arrive prepared and leave with clarity.
What you bring to the consultation
Bring everything you have, in whatever form it exists. Police or incident reports, photographs from the scene, medical bills and records, insurance correspondence, contact information for witnesses, and any written account you prepared of what happened. If you have none of these, bring yourself and your memory — the attorney will identify what evidence to pursue from that starting point. Do not delay scheduling because you feel you do not have enough.
What the attorney evaluates at the consultation
The attorney is assessing four things: whether negligence by another party caused your injury, whether your damages are documentable and significant enough to pursue, whether any immediate deadlines apply that require urgent action, and whether any procedural complications — government defendants, workers’ compensation crossover, multiple parties — require early strategic attention. In both Texas and Tennessee, the pre-suit notice requirements for government defendants can create deadlines shorter than the general statute of limitations, and these are identified at this stage.
What decisions are made before you leave
If you decide to retain the attorney, the following decisions are typically made before the consultation concludes: the fee agreement is reviewed and signed, the scope of the investigation is outlined, a legal hold or preservation demand is planned for any evidence held by third parties, and the attorney assumes responsibility for all insurer communications from that point forward. You leave with a clear picture of next steps and a point of contact for every question that follows.
How to start a personal injury case on the right footing — a preparation checklist
Arriving at the initial consultation prepared makes the attorney’s evaluation faster and more accurate, which means your case gets started with better information from day one. This checklist addresses what to prepare, what to decide in advance, and what questions to bring.
- Write a chronological account of the incident before the consultation. Include the date, time, location, weather and road conditions if applicable, the sequence of events, what you said and did, who else was present, and how you felt immediately after. Written accounts prepared close to the event are far more reliable than reconstructed memory months later — and become a reference document for the duration of the case.
- Compile your existing documentation in one folder. Police report or incident report number, photographs, any correspondence from insurers, medical bills received so far, and the names and contact information of providers you have seen. Even incomplete documentation gives the attorney a starting point.
- Prepare a list of every medical provider you have seen since the incident. Include the provider name, facility, approximate date of each visit, and a summary of what was treated or evaluated. This allows the attorney to immediately begin the records request process without waiting for you to retrieve this information later.
- Know your insurance policy information. Your own policy’s coverage — including whether you carry underinsured motorist coverage — is part of what the attorney evaluates when identifying all available recovery sources. Bring the declarations page or the policy number for your own carrier.
- Write down your questions before the meeting. Common questions worth preparing: How long will this take? What does the fee agreement say about case costs if we do not win? When will I hear from you and how often? What do you need from me during the case? Questions prepared in advance produce more useful answers than questions improvised under the pressure of the meeting.
- Decide your availability for follow-up. The attorney will need to reach you for case updates, document signatures, and medical status. Know in advance how best to be reached and whether any upcoming travel, medical procedures, or work constraints affect your availability in the first thirty to sixty days.
This content is for informational purposes only and does not constitute legal advice. Contact Culpepper Law Group for guidance specific to your situation.
What Comes Next: How to start a personal injury case — and what follows once you do
Starting a personal injury case is the decision that activates everything else: the investigation, the insurer communications, the evidence preservation, and the deadline management. In Texas, two years is the outer limit for filing a lawsuit — but the evidence that makes a case winnable has a much shorter shelf life than the legal deadline suggests. In Tennessee, one year is both the legal deadline and the practical boundary for building a complete case from credible, contemporaneous evidence.
As Paul Culpepper tells every new client: starting a case is not a commitment to go to trial — it is a commitment to preserve your options while there is still time to use them. For the full step-by-step framework of the filing and claims process in Texas and Tennessee, see our guide on how to file a personal injury claim.
Take This Step: Get help from a Houston or Memphis personal injury lawyer at Culpepper Law Group
If you are wondering how to start a personal injury case and whether your situation qualifies, the answer starts with a free consultation — not research.
At Culpepper Law Group, Paul Culpepper meets with injury victims in Texas and Tennessee at no cost and no obligation. He will evaluate your claim, identify any immediate deadlines, explain the fee structure, and give you a clear picture of what starting a case actually involves. We handle personal injury cases on a contingency basis — you pay nothing unless we win. Our offices are in Stafford, Texas (serving greater Houston) and Memphis, Tennessee. Reach out today — the first step is the call.
Frequently Asked Questions
1. How long does the initial personal injury consultation take?
Most initial consultations run between thirty minutes and an hour, depending on the complexity of the facts and how many questions arise. The more organized your documentation is when you arrive, the more efficiently the attorney can evaluate the claim and answer your questions — which is why the preparation checklist above is worth working through before you call.
2. What if I am not sure whether I have a strong enough case to hire a lawyer?
That is exactly what the initial consultation is designed to determine — and the consultation is free, so the risk of finding out is zero. Attorneys evaluate the viability of a claim based on evidence of negligence, the availability of liability coverage, and the documentable damages involved. Many cases that clients assume are “not worth pursuing” have more merit than they realized before speaking with an attorney.
3. What does it actually mean to “start” a case — does that mean I am suing someone?
No — starting a personal injury case means retaining an attorney and beginning the claims and investigation process. Filing a lawsuit is a separate step that only occurs if negotiation with the insurer fails to produce a fair resolution. Most personal injury cases in Texas and Tennessee resolve through settlement without ever reaching a courthouse.
4. Will starting a case affect my relationship with my own insurance company?
Retaining a personal injury attorney should not negatively affect your relationship with your own insurer. Your attorney will typically notify both insurers of the representation and take over communications, which actually protects you from making statements that could be used against your claim. Under Texas Insurance Code § 542.055, your own insurer is required to acknowledge your claim within fifteen days regardless of who is communicating on your behalf.
5. Can I switch attorneys after I have already started a personal injury case?
Yes — you have the right to change representation at any time. However, the prior attorney may be entitled to compensation for work performed to that point under the terms of the original fee agreement, and any change in representation should be handled carefully to avoid gaps in deadline coverage or evidence preservation. If you are considering a change, consult a new attorney before formally terminating the existing relationship so continuity is maintained.
Key Takeaways
- Starting a personal injury case means entering a formal attorney-client relationship, initiating a legal hold on evidence, and authorizing the attorney to act on your behalf — it is not the same as filing a lawsuit, and it should happen as early as possible after the incident.
- The first thirty days after an accident are when the most perishable evidence exists — surveillance footage, witness memory, and physical evidence all degrade quickly, making early case initiation the single most effective evidence-preservation strategy available.
- In Texas, Civil Practice and Remedies Code § 16.003 gives most injury victims two years to file a lawsuit; Tennessee’s TCA § 28-3-104 allows one year — but the practical window for building a complete case from fresh evidence is substantially shorter than either legal deadline.
- Texas Insurance Code § 542.055 requires insurers to acknowledge a claim within fifteen days regardless of representation status — attorney involvement from day one ensures the insurer’s statutory obligations begin running immediately and are monitored from the start.
- Arriving at the initial consultation with a written chronological account of the incident, a list of all medical providers seen, and your insurance policy information allows the attorney to evaluate your claim more accurately and initiate the investigation faster — preparation at that first meeting directly affects the quality of the case launch.
