Top 10 Most Common Mistakes Made in Handling Your Own Injury Claim in Texas

When you’ve been injured in an accident caused by someone else’s negligence, you might think you can handle your Texas personal injury claim yourself. You were there, you know what happened, and you believe the truth should be enough.

Unfortunately, insurance companies don’t see it that way. Their adjusters are trained to protect their employer’s bottom line — and that means paying you as little as possible. Whether you’re in Carrollton, Dallas, Fort Worth, or anywhere in North Texas, insurance companies use the same playbook: delay, deny, and defend.

At Carrollton Injury Law, we’ve seen firsthand how accident victims unintentionally hurt their own cases when they try to deal with insurance companies without legal help. Before founding the firm, Attorney Joel Hudson spent years defending large insurance companies in personal injury cases across Texas. That insider perspective now helps us fight for injury victims — because we know the tactics adjusters use and the mistakes they hope you’ll make.

If you plan to handle your own claim, you need to know the pitfalls. Here are the top 10 most common mistakes people make when handling their own injury claims in Texas — and how to avoid them.

1. Accepting the First Settlement Offer Without Question

The mistake: Accepting the first number the insurance company puts on the table.

Texas reality: In Texas auto accident and injury cases, the first offer is often far below the true value of your claim. Adjusters hope you’ll accept before you understand the full cost of your medical care, lost wages, and long-term needs.

Better approach: Take time to calculate your damages. Include future medical care, rehabilitation costs, and pain and suffering before agreeing to any settlement.

2. Delaying Medical Treatment

The mistake: Waiting to see a doctor after a crash or injury.

Texas impact: In Texas personal injury law, a delay in treatment can give the insurance company ammunition to argue your injuries were minor or unrelated to the accident.

Better approach: Get evaluated by a doctor immediately after an accident — whether it’s a car wreck on I-35, a slip and fall in a Carrollton store, or a motorcycle crash on Highway 121.

3. Not Preserving Evidence

The mistake: Failing to collect and protect evidence.

Texas reality: Police reports and medical records are important, but they’re not enough. You need photos, videos, and witness statements — especially in premises liability or truck accident cases where conditions can change quickly.

Better approach: Document the scene right away. Texas law doesn’t require you to wait for police to collect evidence — take initiative.

4. Giving a Recorded Statement to the Insurance Company

The mistake: Thinking cooperation will speed things up.

Texas risk: Adjusters are trained to ask questions in ways that can make you look at fault under Texas comparative negligence laws. Even a small percentage of fault can reduce your compensation.

Better approach: Politely decline a recorded statement without legal advice.

5. Posting on Social Media

The mistake: Sharing updates, photos, or “I’m fine” posts.

Texas consequence: Insurance defense teams in Texas frequently use social media posts as evidence to dispute injury claims.

Better approach: Stay off social media until your claim is resolved, or limit posts to unrelated topics.

6. Underestimating the Value of Your Claim

The mistake: Only considering current medical bills.

Texas factor: In Texas injury law, you may also recover future medical costs, lost earning capacity, and non-economic damages like pain and suffering.

Better approach: Use the Texas damages framework to calculate both economic and non-economic losses.

7. Missing the Statute of Limitations

The mistake: Waiting too long to file.

Texas law: Most personal injury claims in Texas have a two-year statute of limitations, but some have shorter notice requirements — like claims against a city or county.

Better approach: Track all deadlines and file promptly to protect your rights.

8. Giving Unrestricted Access to Your Medical Records

The mistake: Allowing the insurance company to see your entire medical history.

Texas problem: They may use old injuries or unrelated conditions to deny or reduce your claim.

Better approach: Only release records directly related to your accident injuries.

9. Ignoring Future Damages

The mistake: Settling without accounting for long-term effects.

Texas cases: Many Texas accident victims suffer permanent limitations from spinal injuries, traumatic brain injuries, or orthopedic damage.

Better approach: Include future medical costs, therapy, and assistive devices in your demand.

10. Assuming the Law Is Simple

The mistake: Thinking common sense is enough.

Texas truth: Personal injury law in Texas includes complex rules on liability, fault percentages, and damage caps in certain cases. One paperwork error can sink your claim.

Better approach: At least consult with a Carrollton personal injury lawyer before finalizing anything.

Why These Mistakes Happen in Texas Injury Claims

Whether you’re injured in Dallas County, Denton County, Collin County, or anywhere in Texas, insurance companies use the same tactics. They know accident victims are often in pain, stressed, and worried about bills — making them more likely to accept low settlements.

When It’s Time to Call a Texas Personal Injury Lawyer

You should strongly consider hiring a lawyer if:

• Your injuries are severe or permanent

• Liability is disputed

• You’re dealing with a commercial insurance carrier (truck, rideshare, business)

• Your case involves wrongful death or catastrophic injury

At Carrollton Injury Law, we put the “personal” back into personal injury law. We use our insurance defense experience to fight for fair compensation for North Texas accident victims.

Final Takeaway

Handling your own injury claim in Texas can be risky. One mistake can cost you far more than an attorney’s fee ever would. Whether you decide to hire us or go it alone, knowing these top 10 mistakes can help you avoid being taken advantage of by the insurance company.

Frequently Asked Questions – Texas Injury Claims

Q: Can I handle my Texas injury claim without a lawyer?
Yes, but the risk is high. Insurance companies often pay unrepresented claimants less.

Q: How long do I have to file my Texas personal injury claim?
Most claims have a two-year limit from the accident date, but exceptions apply.

Q: What if I’m partially at fault in Texas?
Under Texas modified comparative negligence law, your compensation is reduced by your percentage of fault — and barred entirely if you’re 51% or more at fault.

Q: Do I have to give a recorded statement?
No. You can (and often should) decline until you’ve spoken with an attorney.

Q: Is the first settlement offer ever fair?
Almost never. In Texas, first offers are generally low and designed to close your claim cheaply.