Close-up of a courthouse clock symbolizing the statute of limitations for personal injury lawsuits in Texas.

How Long Do You Have to File a Personal Injury Lawsuit in Texas?

By | Personal Injury
Close-up of a courthouse clock symbolizing the statute of limitations for personal injury lawsuits in Texas.

Don’t miss your window to file a claim—learn the statute of limitations for personal injury cases in Texas.

If you’ve been injured in an accident in Texas, you may be considering filing a personal injury lawsuit to seek compensation for your losses. However, time is of the essence. Texas law sets strict deadlines for filing personal injury claims, and missing these deadlines could mean losing your right to pursue compensation. In this blog post, we’ll explain the statute of limitations for personal injury cases in Texas and what you need to know to protect your legal rights.

What Is the Statute of Limitations?

The statute of limitations is the legal deadline for filing a lawsuit. In Texas, the statute of limitations for personal injury cases is typically two years from the date of the injury. This means you must file your lawsuit within two years of the accident or incident that caused your injuries.

Key Points About the Two-Year Deadline

  1. Accident Date Matters: The clock starts ticking on the date the injury occurred. For example, if you were injured in a car accident on January 1, 2025, you would generally have until January 1, 2027, to file your lawsuit.
  2. Discovery Rule: In some cases, the statute of limitations may begin later if the injury wasn’t immediately discoverable. For example, if you were exposed to a harmful substance and didn’t realize the effects until months later, the clock may start when you discovered or reasonably should have discovered the injury.
  3. Minors and Legal Disabilities: If the injured party is a minor or has a legal disability (e.g., mental incapacitation), the statute of limitations may be tolled (paused) until the minor turns 18 or the legal disability is removed.
  4. Wrongful Death Claims: If the injury results in death, the statute of limitations for filing a wrongful death lawsuit is two years from the date of the person’s death, not the date of the injury.

Exceptions to the Rule

While the two-year statute of limitations is the general rule, there are some exceptions that may shorten or extend the deadline:

  • Claims Against Government Entities: If your injury involves a government entity, such as a city bus or a state employee, you may need to file a notice of claim within six months or less. Failing to do so could bar your lawsuit entirely.
  • Fraud or Concealment: If the at-fault party concealed their role in causing your injury, the statute of limitations may be extended to account for the time it took to uncover the fraud.
  • Statutory Exceptions: Certain laws or circumstances may alter the filing deadline. For example, medical malpractice cases have their own specific deadlines and requirements under Texas law.

Why Acting Quickly Is Important

Even though you technically have two years to file a personal injury lawsuit, waiting too long can hurt your case. Here’s why:

  • Evidence Can Be Lost: Physical evidence, witness memories, and other critical information can fade or disappear over time.
  • Insurance Deadlines: Many insurance companies have their own internal deadlines for filing claims, which are often much shorter than the statute of limitations.
  • Building a Strong Case Takes Time: Gathering medical records, expert opinions, and other documentation is time-intensive. The sooner you start, the better your chances of success.

How to Protect Your Rights

To ensure you don’t miss the deadline for filing your personal injury lawsuit, consider these tips:

  • Consult an Attorney Early: An experienced personal injury attorney can help you understand your legal rights, calculate deadlines, and build a strong case.
  • Document Everything: Keep records of your medical treatments, accident reports, and any communication with insurance companies.
  • Don’t Wait to File: Filing sooner rather than later can help avoid complications and ensure all deadlines are met.

Conclusion

In Texas, you generally have two years from the date of your injury to file a personal injury lawsuit. However, exceptions and special circumstances can alter this timeline. To protect your rights and ensure you don’t miss your chance to seek compensation, it’s crucial to act quickly and consult an experienced attorney. Our attorneys have years of experience dealing with personal injury and wrongful death claims and would be honored to speak to you about your case and talk to you more about your matter. But, if you or a friend or family member have been seriously injured, don’t let time run out on your claim—take action today!

Click Here to contact our office for a free case evaluation.

Judge’s gavel resting on a stack of cash symbolizing personal injury compensation in Texas.

How much is my personal injury case worth in Texas?

By | Personal Injury
Judge’s gavel resting on a stack of cash symbolizing personal injury compensation in Texas.

Curious about what your injury case might be worth? Texas law outlines key factors in determining compensation.

If you’ve been injured in an accident in Texas, one of the first questions you may have is: “How much is my case worth?” The truth is, there isn’t a one-size-fits-all answer. Every personal injury case is unique, and the value of a claim can depend on a variety of factors—from the nature of the injuries to the extent of negligence. In this blog post, we’ll break down the essential elements that affect the value of a personal injury case in Texas, helping you get a clearer picture of what to expect.

The Basics: Types of Recoverable Damages

When you pursue a personal injury case in Texas, you’re generally seeking compensatory damages—the financial award meant to cover the losses caused by your injury. These damages fall into two main categories:

Economic Damages

    • Medical Expenses: This includes hospital bills, medication costs, physical therapy, and future medical expenses related to the injury.
    • Lost Wages: If you have to take time off work, you can seek compensation for lost income. If your injury affects your long-term earning capacity, you may also be entitled to future lost wages.
    • Property Damage: If your personal property (like a vehicle in a car accident) was damaged, the cost of repairs or replacement can be included.

Non-Economic Damages

    • Pain and Suffering: In Texas, you can recover damages for physical pain, mental anguish, emotional distress, and related issues.
    • Loss of Consortium: Spouses and sometimes family members may be able to recover damages if the injury has affected the relationship.
    • Loss of Enjoyment of Life: If your quality of life or your ability to engage in hobbies and activities you once enjoyed has been diminished, these losses can sometimes be compensated.

In rare cases, you might also be eligible for punitive damages if the defendant’s actions were especially reckless or malicious. However, punitive damages are subject to specific legal standards and caps in Texas.

Factors That Influence the Value of Your Case

Calculating the value of your case involves weighing several important factors:

Extent of Injuries – The severity of your injuries plays a major role. For example, minor cuts and bruises generally lead to lower-value claims than permanent disabilities or severe injuries requiring ongoing medical treatment.

Clear Liability or Fault – If there’s little doubt that the other party was at fault—say, in a car accident where the other driver was clearly negligent—your chance of receiving a higher settlement increases. Texas follows a modified comparative fault rule, meaning your compensation might be reduced if you bear some responsibility for the accident. If you’re found 50% or more at fault, you may be barred from recovering damages altogether.

Evidence and Documentation – Solid evidence—such as medical records, photographs, witness statements, and expert testimonies—strengthens your case. The more proof you have, the more likely you can negotiate for a favorable settlement or succeed at trial.

Insurance Policy Limits – Often, the at-fault party’s insurance coverage will dictate how much you can realistically recover. Even if your damages exceed the policy limits, an insurance company typically won’t pay more than the covered amount unless there are special circumstances.

Negotiation vs. Trial – Most personal injury claims settle out of court, but if negotiations fail, your lawyer might advise you to file a lawsuit. Trials can be lengthy and expensive, but they can also lead to a higher award if a jury finds in your favor—though this is not guaranteed and comes with additional risk.

Texas Damage Caps – Texas imposes certain statutory caps on damages in specific types of cases, especially medical malpractice claims. In other personal injury cases (like car accidents or slip-and-falls), there typically isn’t a strict cap on compensatory damages. However, punitive damages (if awarded) are capped in Texas. The cap is generally set at:

  • $200,000, or
  • Twice the amount of economic damages plus an equal amount of non-economic damages (up to $750,000).

This means the maximum possible in punitive damages is the greater of these amounts, though every case is fact-specific and these limits can be complex. Consulting an attorney for clarity is important if punitive damages might apply to your situation.

The Role of a Personal Injury Attorney

Why hire a lawyer? Here are a few reasons:

  • Case Assessment: A personal injury attorney will evaluate the facts of your case, gather evidence, and assess potential damages.
  • Dealing with Insurance Companies: Insurance adjusters often try to settle for the lowest possible amount. An attorney can handle negotiations and prevent you from accepting an unfair offer.
  • Litigation Experience: If negotiations fail, an experienced trial attorney can file a lawsuit and advocate for your best interests in court.

While you can handle a claim on your own in some cases—especially minor ones—a skilled lawyer can help you avoid pitfalls that might reduce your compensation.

Common Myths About Personal Injury Cases

Myth #1: All personal injury claims result in huge settlements.
Reality: Many personal injury claims result in more modest amounts that simply cover medical bills and lost wages. Significant settlements or verdicts often involve catastrophic injuries or gross negligence.

Myth #2: Hiring an attorney means you’re definitely going to trial.
Reality: Most personal injury cases settle out of court. A strong claim can encourage the other side to offer a fair settlement.

Myth #3: You can predict a settlement amount by looking at other cases.
Reality: Even cases with similar injuries vary greatly depending on factors like liability, damages, and unique circumstances.

Getting the Best Possible Outcome

To maximize your compensation in a Texas personal injury case, consider these steps:

  1. Seek Medical Attention Immediately: Prompt treatment not only helps you recover but also documents the extent of your injuries.
  2. Document Everything: Keep a file of all medical records, bills, photos of your injuries/property damage, and correspondence with insurance companies.
  3. Avoid Talking Too Much: Be cautious about giving recorded statements or signing any documents without consulting an attorney.
  4. Stay Off Social Media: Comments, photos, or “check-ins” can be used to dispute the severity of your injuries.
  5. Consult an Experienced Attorney: A reputable Texas personal injury lawyer can guide you through the process and help protect your rights.

Final Thoughts

Determining the value of a personal injury case in Texas is a nuanced process that depends on numerous factors, including the severity of your injuries, liability, and the available insurance coverage. While there’s no foolproof formula to calculate your exact settlement or verdict, understanding the types of damages, legal framework, and the role of strong evidence can give you a good starting point.

If you’d like to discuss your potential claim or learn more about how Texas law may apply to your unique situation, HLAW would love to help.  Don’t hesitate to reach out to our office for a free case evaluation.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Laws and regulations change over time, and your specific situation may require tailored guidance. If you have questions about your case, it’s always best to consult with an experienced Texas personal injury attorney.

A judge’s gavel in front of cannabis containers, representing legal possession laws in Texas.

Understanding Possession in Texas Criminal Law

By | Criminal Defense, Drug Crimes
A judge’s gavel in front of cannabis containers, representing legal possession laws in Texas.

Understanding what counts as “possession” in Texas can make all the difference in a criminal case.

In Texas, the concept of “possession” can sometimes be a little tricky when we think about it in terms of the law as opposed to what we all commonly define as “possession”. Whether it’s related to controlled substances, firearms, or stolen property, possession is a key element in many criminal offenses. But what does possession actually mean in the eyes of Texas law? This post will break down the definition, legal standards, and consequences of possession in the Lone Star State.

Definition of Possession in Texas Law

Under Texas Penal Code §1.07(a)(39), possession is defined as having “actual care, custody, control, or management.” This broad definition means that possession isn’t limited to physical ownership. Instead, it can include situations where a person has any access to or control over an object, even if they don’t physically hold it at the moment.

Possession can be categorized into two types:

  1. Actual Possession: This occurs when the individual has physical custody of the item. For instance, if someone is holding a bag containing illegal drugs, they are in actual possession.
  2. Constructive Possession: This arises when an individual does not have physical custody but still has control or the right or ability to excersise control the item. For example, if illegal drugs are found in the glove compartment of a car that a person owns and operates, they may be deemed to have constructive possession. Even if they don’t own or are operating the vehicle, police officer’s may deem a passenger in the vehicle as having the ability to exercise care, custody, control or management of the illegal item.

Establishing Possession in a Criminal Case

To prove possession in a criminal case, the prosecution must demonstrate two key elements:

  1. Knowledge: The accused must have known about the presence of the item, and;
  2. Control: The accused must have exercised, or had the ability to exercise, control over the item.

Merely being near an illegal item is not enough to establish possession. For example, if drugs are found in a house shared by multiple roommates, the prosecution must show evidence linking the accused to the drugs specifically—such as fingerprints, ownership of the container, or incriminating statements.

Joint Possession

Texas law also recognizes the concept of joint possession. This means that more than one person can be found to have possession of the same item. For example, if two people are in a vehicle and illegal contraband is found in a location accessible to both, they could both potentially be charged with possession.

Consequences of Possession Charges

Possession charges can carry serious consequences in Texas, varying based on the type and quantity of the item in question. For instance:

  • Drug Possession: Penalties depend on the type of drug and the amount, with punishments ranging from misdemeanors to first-degree felonies.
  • Firearm Possession: Certain individuals, such as convicted felons, are prohibited from possessing firearms, and violating this prohibition can result in severe penalties.
  • Stolen Property: Possession of stolen property can lead to theft charges, with penalties depending on the value of the property.

Defenses to Possession Charges

There are several potential defenses to possession charges in Texas, including:

  • Lack of Knowledge: Demonstrating that the accused was unaware of the item’s presence.
  • Lack of Control: Arguing that the accused did not have the ability to exercise control over the item.
  • Mistaken Identity: Showing that the item belonged to someone else and the accused had no connection to it.
  • Violation of Constitutional Rights: If law enforcement obtained evidence through an illegal search or seizure, that evidence may be suppressed.

Conclusion

“Possession” is a nuanced legal concept in Texas, encompassing both actual and constructive control over items. Understanding the intricacies of possession is crucial for anyone facing criminal charges. What you think may or may not be possession may be different than what the law defines it as. If you or someone you know is dealing with a possession-related charge, consulting an experienced criminal defense attorney is essential to ensure your rights are protected and to navigate the complexities of the legal system effectively.

Infographic outlining immediate steps to take after a car accident in Fort Worth, including safety, calling 911, gathering information, taking photos, seeking medical help, and contacting a personal injury lawyer.

A Victim’s Guide to Personal Injury Claims in Texas: What to Do After an Accident in Fort Worth

By | Personal Injury

Table of Contents:
I. Introduction: Navigating the Aftermath of an Accident in Fort Worth
II. Immediate Steps After an Accident in Fort Worth: Your Critical Checklist
III. Understanding Texas Personal Injury Law: The Foundations of Your Claim
IV. Types of Damages You Can Recover in a Texas Personal Injury Claim
V. The Personal Injury Claims Process in Texas: From Accident to Resolution
VI. Dealing with Insurance Companies: Protecting Your Rights
VII. Why Hire a Fort Worth Personal Injury Lawyer?
VIII. Frequently Asked Questions (FAQs) About Personal Injury Claims in Texas
IX. Conclusion & Next Steps: Get the Help You Deserve
X. Local Resources for Accident Victims in Fort Worth & Tarrant County

I. Introduction: Navigating the Aftermath of an Accident in Fort Worth

An accident, whether it’s a sudden car crash on I-35W, a slip and fall at a local Dallas-Fort Worth, Texas business, or a devastating truck accident in the State of Texas, can instantly turn your world upside down. Beyond the shock and physical pain, you’re likely facing mounting medical bills, lost wages, and overwhelming uncertainty about your future. In the busy Dallas-Fort Worth Metroplex, accidents are an unfortunate reality, and understanding your rights as a victim is paramount.

At the Howard Lotspeich Alexander & Williams, PLLC (HLAW), we understand the profound impact an unexpected injury can have on your life and your family. We see firsthand the challenges Dallas and Fort Worth residents face when dealing with complex legal processes and aggressive insurance companies. This comprehensive guide is designed to provide you with the clarity and actionable steps you need to navigate the confusing aftermath of an accident in Texas.

Our purpose is simple: to empower you with knowledge. While this guide offers detailed information about Texas personal injury laws and the claims process, it is not a substitute for personalized legal advice. Every accident and injury claim is unique. We strongly encourage you to contact an experienced Fort Worth personal injury attorney at the HLAW Law Firm for a confidential consultation to discuss the specifics of your situation.

Let’s begin your journey toward understanding your rights and seeking the compensation you deserve.

II. Immediate Steps After an Accident in Fort Worth: Your Critical Checklist

The moments immediately following an accident are often chaotic and frightening. However, the actions you take (or don’t take) in these crucial first hours and days can significantly impact your personal injury claim. This checklist focuses on what you should do after an accident in Fort Worth, Texas, to protect your health and your legal rights.

A. Safety First: Prioritize Your Well-being

Infographic outlining immediate steps to take after a car accident in Fort Worth, including safety, calling 911, gathering information, taking photos, seeking medical help, and contacting a personal injury lawyer.

Protect your health and legal rights after a crash with this quick checklist of what to do immediately following an accident in Fort Worth, Texas.

  1. Check for Injuries: First and foremost, assess yourself and anyone else involved for injuries. Even if you don’t feel immediate pain, adrenaline can mask symptoms.
  2. Move to Safety (If Possible and Safe to Do So): If your vehicle is operational and moving it won’t cause further harm or risk, steer it to the side of the road or a nearby safe location. Turn on your hazard lights. If you’re on foot, get clear of traffic.
  3. Stay Calm: While difficult, try to remain calm. Panic can lead to poor decisions. Do your best to think clearly even turning on your hazard lights to make sure to alert drivers around the area that there has been a car wreck.

B. Call 911: Involve Law Enforcement and Emergency Medical Services

  1. Report the Accident: For any accident involving injuries, significant property damage, or disputes, call 911 immediately. In Dallas and Fort Worth, law enforcement (Dallas or Fort Worth Police Department or Texas Highway Patrol) will respond to traffic accidents.
  2. Request Medical Assistance: If anyone is injured, even if it seems minor, request an ambulance. Early medical documentation is crucial.
  3. The Accident Report: The responding police officer will likely create an official Texas Peace Officer’s Crash Report (CR-3). This report contains vital information, including details of the accident, involved parties, witness statements, and often, the officer’s initial determination of fault. How to Get Your Texas Accident Report: You can typically obtain a copy of your accident report from the Fort Worth Police Department’s website or records division a few days after the incident. Your attorney can also assist with this.
  4. Cooperate, But Don’t Speculate: Provide factual information to the police. Do not admit fault, make excuses, or speculate about what happened. Simply state the facts as you observed them.

C. Gather Information at the Scene: Document Everything

This is your opportunity to collect critical evidence that could support your claim.

  1. Exchange Information: Get the following from ALL other drivers involved: Full Name and Contact Information, Insurance Company and Policy Number, Driver’s License Number, Vehicle Make/Model/Year, and License Plate Number
  2. Identify and Collect Witness Information: If anyone saw the accident, ask for their name and contact information. Their unbiased account can be invaluable.
  3. Take Photos and Videos: Use your smartphone! Take pictures and videos of: Damage to all vehicles involved (close-ups and wider shots), Your injuries (bruises, cuts, swelling), The accident scene from different angles (skid marks, debris, traffic signals, road conditions, weather), Vehicle positions, Relevant surroundings (street signs, landmarks, cross streets), The other driver’s license plate and insurance card.
  4. Note Location Details: Be precise about where the accident occurred. Note the street names, nearest cross street, specific addresses, or highway markers.
  5. Avoid Discussions of Fault: Again, do not discuss the accident details to anyone other than the police or apologize. Anything you say can potentially be used against you.

D. Seek Medical Attention Immediately: Prioritize Your Health and Documentation

  1. Go to the ER/Urgent Care: Even if you feel fine, internal injuries or delayed onset pain (like whiplash) are common. Get checked out by a medical professional as soon as possible.
  2. Follow All Medical Advice: Adhere strictly to your doctor’s recommendations for follow-up appointments, specialists, physical therapy, and medications. Gaps in treatment can be used by insurance companies to argue your injuries aren’t serious. Keep Detailed Records: Maintain a log of all medical appointments, treatments, medications, and out-of-pocket expenses.

E. Do NOT Admit Fault or Give Recorded Statements to Insurance Companies

  1. Protect Your Statements: You are only required to report the accident to your own insurance company. You are NOT required to give a recorded statement to the at-fault driver’s insurance company without consulting an attorney.
  2. Beware of Quick Offers: Insurance adjusters may try to offer a quick, lowball settlement before you fully understand the extent of your injuries and damages. Do not accept or sign anything without legal counsel.
  3. Refer Them to Your Attorney: Once you hire a personal injury lawyer, they will handle all communications with insurance companies on your behalf, protecting your rights and ensuring you don’t inadvertently jeopardize your claim.

F. Contact the HLAW law firm as soon as possible.

  1. Early Legal Counsel is Critical: The sooner you involve an experienced personal injury attorney in Fort Worth, the better. They can advise you on your rights, guide you through the process, and protect you from common pitfalls.
  2. Free Consultation: Most personal injury lawyers, including the HLAW Law Firm, offer a free, no-obligation consultation to discuss your case. There’s nothing to lose by getting professional advice.

III. Understanding Texas Personal Injury Law: The Foundations of Your Claim

A personal injury claim in Texas is based on the concept of “negligence.” To recover compensation, you generally need to prove that another party’s negligent actions caused your injuries. Understanding these legal principles is fundamental to your case.

A. Negligence Explained: The Cornerstone of Your Claim

Negligence occurs when someone fails to act with the reasonable care that a prudent person would exercise under similar circumstances, resulting in harm to another. To prove negligence in Texas, four elements must typically be established:

  1. Duty of Care: The at-fault party owed you a legal duty to act reasonably (e.g., drivers have a duty to operate their vehicles safely).
  2. Breach of Duty: The at-fault party failed to uphold that duty (e.g., ran a red light, drove distracted, failed to maintain their property).
  3. Causation: The at-fault party’s breach of duty directly caused your injuries.
  4. Damages: You suffered actual, quantifiable harm (injuries, financial losses).

B. Texas Comparative Fault Law (Proportionate Responsibility)

Texas follows a modified comparative fault rule, often referred to as “proportionate responsibility.” This means:

  • If you are found to be partially at fault for the accident, your compensation can be reduced by your percentage of fault.
  • However, if you are determined to be more than 50% at fault (51% or greater), you are barred from recovering any damages from the other party.
  • This rule highlights why it’s crucial to have legal representation; insurance companies will often try to shift blame to minimize their payout.

C. Statute of Limitations in Texas: Don’t Miss the Deadline!

A critical legal deadline in personal injury cases is the “statute of limitations.” In Texas, the general rule is that you have two (2) years from the date of the accident to file a personal injury lawsuit.

  • Why it’s Crucial: If you don’t file a lawsuit within this two-year period, you will likely lose your right to pursue compensation, regardless of the merits of your case.
  • Exceptions: While two years is the general rule, some exceptions can shorten or extend this period (e.g., claims against government entities have much shorter deadlines, claims involving minors may be extended). It’s always best to consult an attorney immediately to confirm the applicable deadline for your specific case.

D. Types of Accidents Covered by Personal Injury Law

Personal injury law in Texas covers a wide range of incidents where one person’s negligence causes harm to another. Some of the most common types of cases handled by the HLAW Law Firm include:

  • Car Accidents: By far the most frequent type, involving collisions due to distracted driving, speeding, drunk driving (DWI), fatigued driving, reckless driving, or failure to yield.
  • Truck Accidents: Collisions involving 18-wheelers, semi-trucks, and other commercial vehicles often result in catastrophic injuries due to their massive size and weight. These cases can be complex, involving federal trucking regulations.
  • Motorcycle Accidents: Motorcyclists are highly vulnerable on the road, and accidents often lead to severe injuries.Pedestrian & Bicycle Accidents: When drivers fail to yield or act negligently around pedestrians and cyclists, devastating injuries can occur.
  • Slip and Fall / Premises Liability: Accidents occurring on someone else’s property due to hazardous conditions (e.g., wet floors, uneven surfaces, poor lighting) that the property owner knew or should have known about.
  • Dog Bites: Texas law has specific rules regarding liability for dog bites, often related to the owner’s knowledge of the dog’s dangerous propensities.
  • Wrongful Death: When an individual dies due to the negligence or wrongful act of another, surviving family members may pursue a wrongful death claim for their losses.

IV. Types of Damages You Can Recover in a Texas Personal Injury Claim

Infographic showing types of damages recoverable in a Texas personal injury claim, including economic, non-economic, and rare punitive damages.

Understanding your rights after an accident starts with knowing what you can recover. This breakdown of damages helps Texas injury victims see what compensation may be available under the law.

If you’ve been injured due to someone else’s negligence in Texas, you may be entitled to recover various types of damages. These damages aim to compensate you for the losses you’ve suffered and put you back in the position you would have been in had the accident not occurred.

A. Economic Damages (Quantifiable Losses)

These are measurable financial losses directly resulting from your injury.

  • Medical Expenses: This includes all costs related to your treatment, from the ambulance ride and emergency room visits to surgeries, doctor appointments, physical therapy, prescription medications, medical devices, and even estimated future medical care.
  • Lost Wages: Compensation for income you lost due to your inability to work after the accident. This can include hourly wages, salary, commissions, bonuses, and even lost vacation or sick days.
  • Loss of Earning Capacity: If your injuries prevent you from performing your job duties or force you into a lower-paying role, you can seek compensation for the future income you will no longer be able to earn.
  • Property Damage: Cost to repair or replace damaged property, most commonly your vehicle, but could also include personal items damaged in the accident.
  • Out-of-Pocket Expenses: Any other accident-related expenses you incurred, such as transportation costs to medical appointments, childcare, or home modifications needed due to your injuries.

B. Non-Economic Damages (Non-Quantifiable Losses)

These are subjective, non-monetary losses that impact your quality of life. They are more challenging to quantify but are equally important.

  • Pain and Suffering: Compensation for the physical pain and discomfort you’ve endured, both immediately after the accident and ongoing.
  • Mental Anguish / Emotional Distress: This includes anxiety, fear, depression, PTSD, or other emotional and psychological trauma resulting from the accident.
  • Physical Impairment/Disfigurement: Compensation for the loss of use of a body part, disfigurement (e.g., scarring), or the inability to perform daily activities or participate in hobbies you once enjoyed.
  • Loss of Enjoyment of Life: If your injuries prevent you from engaging in activities that brought you joy and fulfillment prior to the accident.
  • Loss of Consortium: In certain cases, a spouse may claim damages for the loss of companionship, affection, and intimacy due to the injured spouse’s injuries.

C. Punitive Damages (Exemplary Damages in Texas)

In Texas, punitive damages (also called “exemplary damages”) are rarely awarded in personal injury cases. They are not intended to compensate the victim but rather to punish the at-fault party for exceptionally egregious conduct and to deter similar actions in the future. To be awarded punitive damages, you typically need to prove that the defendant’s conduct was grossly negligent, malicious, or fraudulent.

V. The Personal Injury Claims Process in Texas: From Accident to Resolution (IMAGE)

Understanding the typical steps involved in a Texas personal injury claim can help demystify the process and alleviate some of your stress. While every case is unique, the general flow often follows these stages:

A. Initial Investigation & Evidence Gathering

  • Your Role: This begins with the immediate steps you take at the accident scene (as detailed in Section II).
  • Your Attorney’s Role: Your Fort Worth personal injury attorney will launch a thorough investigation. This includes:
    • Obtaining the police report and any accident reconstruction reports.
    • Collecting all medical records and bills related to your injuries.
    • Gathering witness statements.
    • Analyzing photos, videos, and other evidence from the scene.
    • Working with experts (e.g., accident re-constructionists, medical specialists, economists) if needed.
    • Determining all liable parties.
Step-by-step infographic showing the Texas personal injury claims process, from the accident and attorney consultation to investigation, negotiation, possible lawsuit, and case resolution.

From accident to resolution, this flowchart walks you through each phase of a Texas personal injury claim. Know what to expect—and how HLAW can help every step of the way.

B. Demand Letter

Once you have completed medical treatment or reached maximum medical improvement (MMI), your attorney will compile all evidence and losses into a comprehensive “demand letter.” This letter formally notifies the at-fault party’s insurance company of your claim, outlines the facts of the accident, details your injuries and damages, and demands a specific amount of compensation to settle the claim.

C. Negotiation with Insurance Companies

  • Initial Offers: The insurance company will review the demand letter and typically respond with a counter-offer. Be prepared: initial offers are often significantly lower than what your case is truly worth.
  • Attorney’s Role: This is where the skill and experience of your personal injury lawyer are crucial. They will negotiate aggressively on your behalf, countering low offers, providing additional evidence, and advocating for the full value of your claim. They understand the tactics insurance companies use to minimize payouts.

D. Filing a Lawsuit (If Settlement Not Reached)

If negotiations with the insurance company fail to produce a fair settlement, your attorney will recommend filing a personal injury lawsuit. This doesn’t necessarily mean your case will go to trial; most lawsuits settle before reaching a courtroom.

  • Petition: Your attorney files a formal complaint (petition) with the appropriate court, outlining your claims against the at-fault party.
  • Discovery: Both sides exchange information and evidence through various formal processes, including:
    • Interrogatories – Written questions answered under oath
    • Requests for Production: Requests for documents and evidence.
    • Depositions: Oral testimony given under oath by involved parties and witnesses.

E. Mediation & Arbitration

Before or during the lawsuit phase, many personal injury cases in Texas are resolved through alternative dispute resolution (ADR) methods:

  • Mediation: A neutral third-party mediator facilitates discussions between you and the insurance company/defendant, helping you reach a mutually agreeable settlement. Mediation is a common and often successful way to resolve cases without trial. Fort Worth has many skilled mediators specializing in personal Injury cases.
  • Arbitration: A neutral third-party arbitrator hears evidence and makes a binding or non-binding decision.

F. Trial (If Necessary)

If all attempts at settlement or ADR fail, your case may proceed to trial. This involves:

  • Jury Selection: Choosing jurors.
  • Opening Statements: Attorneys present their case overview.
  • Presenting Evidence: Witnesses testify, documents are introduced.
  • Closing Arguments: Attorneys summarize their cases.
  • Verdict: The jury or judge delivers a decision.

G. Appeals

If either party is dissatisfied with the trial outcome, they may have the right to appeal the decision to a higher court.

VI. Dealing with Insurance Companies: Protecting Your Rights

Insurance companies, even your own, are businesses focused on their bottom line. Their primary goal is to minimize the amount they pay out in claims, not necessarily to ensure you are fully compensated. This adversarial dynamic makes dealing with them particularly challenging for accident victims.

A. Your Own Insurance vs. The At-Fault Driver’s Insurance

  • Your Policy: You are required to report the accident to your own insurance company. They may handle initial medical payments (if you have MedPay) or property damage claims.
  • At-Fault Driver’s Policy: This is the company that will ultimately be responsible for paying your personal injury damages. Their adjuster represents their client (the at-fault driver), not you.

B. Understanding Uninsured/Underinsured Motorist (UM/UIM) Coverage

In Texas, while car insurance is mandatory, many drivers are uninsured or carry only minimum coverage. UM/UIM coverage is an optional but highly recommended addition to your own policy. If the at-fault driver has no insurance or insufficient insurance to cover your damages, your UM/UIM coverage can step in to protect you. This is a claim made against your own policy, but it still often requires skilled legal negotiation.

C. Tips for Dealing with Adjusters (If you have to talk to them before you hire a lawyer)

  • Be Polite, But Firm: Remain courteous but understand their objective.
  • Provide Basic Information Only: Give your name, contact information, and policy number.
  • Do NOT Give Recorded Statements: Politely decline any requests for recorded statements about the accident details or your injuries. Simply state that you are not prepared to give a statement at this time.
  • Do NOT Speculate or Admit Fault: Even a simple “I’m sorry” can be misconstrued as an admission of fault.
  • Do NOT Sign Anything: Never sign medical releases or settlement offers without first consulting with a personal injury attorney. Signing a general medical release gives the insurance company access to all your medical history, not just accident-related records.
  • Keep a Log: Document all communications with insurance adjusters, including dates, times, names, and what was discussed.

D. How a Lawyer Changes the Dynamic

Once you hire a personal injury lawyer from the HLAW Law Firm, all communications with insurance companies will go through your legal team. This immediately levels the playing field. Your attorney will:

  • Handle all phone calls, paperwork, and negotiations.
  • Prevent you from saying anything that could jeopardize your claim.
  • Ensure you receive the full and fair compensation you deserve.
  • Protect your rights from predatory insurance practices.

VII. Why Hire a Fort Worth Personal Injury Lawyer?

After an accident, you’re recovering from injuries, dealing with stress, and likely overwhelmed. Adding the complexities of a legal claim to that burden can be too much. This is precisely why having an experienced Fort Worth personal injury attorney on your side is not just helpful, but often essential.

A. Navigating Complex Legal Procedures

Texas personal injury law is intricate. There are specific rules of evidence, court procedures, filing deadlines (statutes of limitations), and legal precedents that apply. Without a deep understanding of these complexities, you risk making critical errors that could undermine your case. An attorney knows the law and how to apply it to your specific situation.

B. Maximizing Your Compensation

Insurance companies are experts at minimizing payouts. They have vast resources and strategies designed to reduce your claim’s value. An attorney knows how to:

  • Accurately Assess Damages: They can identify all potential economic and non-economic damages, ensuring nothing is overlooked.
  • Gather Compelling Evidence: They know what evidence is needed to prove negligence and the full extent of your injuries.
  • Negotiate Effectively: They have the negotiation skills and legal leverage to counter lowball offers and fight for the maximum compensation you deserve. Studies often show that injured individuals with legal representation receive significantly higher settlements than those without.

C. Dealing with Insurance Companies on Your Behalf

This is perhaps one of the most significant benefits. Your attorney will handle all communication with insurance adjusters, allowing you to focus on your recovery. They will protect you from misleading questions, settlement traps, and pressure tactics.

D. Access to Resources

Experienced personal injury firms like the HLAW Law Firm have established networks of professionals, including:

  • Medical Experts: To provide second opinions or expert testimony on your injuries and prognosis.
  • Accident Re-constructionists: To recreate the accident scene and provide expert analysis.
  • Investigators: To gather crucial evidence.
  • Financial Experts: To calculate lost earning capacity and future medical costs.

E. Peace of Mind

Knowing that a dedicated legal team is fighting for your rights can significantly reduce your stress and allow you to concentrate on healing. You won’t have to worry about answering tricky questions from adjusters, filling out complex forms, or navigating the court system alone.

F. Cost-Effective Representation: Contingency Fees Explained

Many accident victims hesitate to hire a lawyer because they worry about upfront costs. At the HLAW Law Firm, we work on a contingency fee basis for personal injury cases. This means:

  • You Pay Nothing Upfront: You won’t owe any attorney fees unless we win your case through a settlement or trial verdict.
  • No Win, No Fee: If we don’t recover compensation for you, you owe us nothing in attorney fees.
  • Our Fee Comes from the Recovery: Our fee is a pre-agreed-upon percentage of the final settlement or award. This aligns our interests directly with yours: the more compensation you receive, the more we earn.

G. Why Choose the HLAW Law Firm for Your Fort Worth Personal Injury Claim?

At HLAW, our attorneys are deeply rooted in the Fort Worth community. We bring:

  • Extensive Experience: Our team has a proven track record of successfully handling a wide range of personal injury cases across Texas, including complex wrongful death, car, truck, and premises liability accidents.
  • Former Prosecutors and Trial Lawyers: Our unique background as former prosecutors and courtroom litigators gives us an invaluable perspective on building strong cases and understanding litigation strategies, which we apply to our personal injury practice.
  • Client-Centered Approach: We prioritize clear communication, personalized attention, and aggressive advocacy to achieve the best possible outcome for each client.
  • Local Knowledge: Our familiarity with Tarrant County courts, local procedures, and even specific accident hot spots in Fort Worth provides an advantage in your case.
  • Reputation for Excellence: We are dedicated to upholding our reputation for aggressive and ethical representation, fighting tirelessly for our clients’ rights.

VIII. Frequently Asked Questions (FAQs) About Personal Injury Claims in Texas

Here are answers to some of the most common questions we receive from accident victims in Fort Worth:

Q1: How much is my personal injury case worth? A: There’s no average or magic number. The value of your case depends entirely on the unique facts, including the severity of your injuries, the medical treatment required, lost wages, pain and suffering, and the clarity of fault. An attorney can provide a more accurate estimate after a full review of your case.

Q2: How long does a personal injury claim take in Texas? A: The timeline varies greatly. Simple cases with clear liability and minor injuries might settle in a few months. More complex cases involving serious injuries, extensive medical treatment, multiple parties, or the need for a lawsuit can take a year or more, sometimes several years if it goes to trial.

Q3: What if I can’t afford medical treatment after an accident? A: This is a common concern. An experienced personal injury attorney can often help you get the medical care you need, even if you don’t have health insurance or cash upfront. This might involve working with providers who agree to be paid out of your settlement or connecting you with resources.

Q4: Do I have to go to court? A: Most personal injury cases in Texas settle out of court through negotiation or mediation. While the HLAW Law Firm prepares every case as if it will go to trial, only a small percentage actually do. The decision to go to trial is always made in consultation with you.

Q5: What if the accident was partially my fault? A: Texas’s modified comparative fault rule (the 51% rule) means you can still recover damages if you are 50% or less at fault. Your compensation will be reduced by your percentage of fault. If you are found to be 51% or more at fault, you cannot recover. This makes proving fault crucial.

Q6: Can I still claim if I was a passenger in an accident? A: Yes. If you were injured as a passenger due to the negligence of any driver (yours or another vehicle’s), you generally have a valid personal injury claim.

Q7: How much does a personal injury lawyer cost in Fort Worth? A: Most personal injury lawyers, including Howard Lotspeich Alexander and Williams, PLLC (HLAW), work on a contingency fee basis. This means you pay no upfront legal fees, and your attorney’s fee is a percentage of the compensation they recover for you. If they don’t win, you don’t pay attorney fees.

Q8: Should I accept the first settlement offer from the insurance company? A: Almost never. Initial offers are typically low and designed to resolve your claim quickly and cheaply, before the full extent of your injuries and damages are known. Always consult an attorney before accepting any settlement offer.

IX. Conclusion & Next Steps: Get the Help You Deserve

Infographic listing key legal facts for accident victims in Fort Worth, Texas, including statute of limitations, comparative fault, reporting duties, insurance requirements, and fault-based compensation rules.

Know your rights after an accident. This quick-reference guide highlights five essential legal facts every Fort Worth injury victim should understand.

Experiencing a personal injury accident in Fort Worth can be a traumatic and life-altering event. While this guide provides a comprehensive overview of your rights and the legal process in Texas, remember that you don’t have to navigate this complex journey alone.

The choices you make immediately after an accident, and the legal representation you secure, can profoundly impact your ability to recover financially and physically. Insurance companies have teams of lawyers and adjusters working to protect their interests; you deserve equally dedicated and experienced advocates fighting for yours.

At the HLAW Law Firm, we are committed to providing compassionate yet aggressive legal representation to accident victims across the Dallas-Fort Worth Metroplex. Our team will tirelessly investigate your case, gather evidence, negotiate with insurance companies, and if necessary, represent you vigorously in court. Our goal is to alleviate your burden so you can focus on what truly matters: your recovery.

Don’t delay. The statute of limitations is ticking, and evidence can disappear.

Contact the HLAW Law Firm today for a free, no-obligation consultation to discuss your Fort Worth personal injury claim. Let us help you understand your options and seek the justice and compensation you deserve.

Call us now at 817-993-9249 or fill out our online contact form to schedule your free consultation and case evaluation today.

X. Local Resources for Accident Victims in Fort Worth & Tarrant County

Here are some helpful resources for accident victims in our local community:

•Fort Worth Police Department (FWPD): https://police.fortworthtexas.gov/home
◦Accident Report Request: https://police.fortworthtexas.gov/How-Do-I/Get-Copy-Accident-Report-
•Tarrant County District Clerk’s Office: https://www.tarrantcountytx.gov/en/district-clerk.html
•Texas Department of Transportation (TxDOT): https://www.txdot.gov
◦Crash Report Request (for statewide reports): https://www.txdot.gov/data-maps/crash-reports-records.html
•Local Hospitals & Medical Centers in Fort Worth: 
-Baylor Scott & White: https://www.bswhealth.com
-Texas Health Harris Methodist Hospital Fort Worth: https://www.texashealth.org/Locations/texas-health-fort-worth
-Medical City Fort Worth: https://www.medicalcityhealthcare.com/locations/medical-city-fort-worth- hospital
•Texas Bar Association: https://www.texasbar.com
•Texas Civil Practice and Remedies Code: https://statutes.capitol.texas.gov/docs/sdocs/civilpracticeandremediescode.pdf

[UPDATED 05/28/2025]

Emergency responders at a nighttime car accident scene in Texas, illustrating personal injury law context.

What Qualifies as a Personal Injury in Texas? A Quick Guide to Claims & Compensation

By | Personal Injury

When accidents or injuries happen, understanding whether your situation qualifies as a personal injury case is crucial. A Texas Personal Injury Case arises when someone is harmed due to another party’s negligence, intentional actions, or strict liability. In this blog post, we’ll break down what qualifies as a personal injury case and provide examples to help you determine your next steps.

Emergency responders at a nighttime car accident scene in Texas, illustrating personal injury law context.

A serious car crash highlights the importance of understanding what legally qualifies as a personal injury in Texas.

The Basics of Texas Personal Injury Cases

A personal injury case typically involves:

  1. Duty of Care: The responsible party owed a legal duty to act in a way that avoids causing harm to others.
  2. Breach of Duty: The responsible party failed to meet that duty, either through negligence or intentional actions.
  3. Causation: The breach of duty directly caused the injury.
  4. Damages: The injured party suffered measurable harm, such as medical expenses, lost wages, or pain and suffering.

Common Types of Personal Injury Cases in Texas

  1. Car Accidents

    One of the most common types of personal injury cases, car accidents occur when a driver acts negligently, such as speeding, texting while driving, or running a red light. Texas law requires drivers to carry liability insurance to cover damages they cause.

  2. Slip and Fall Accidents

    Property owners have a duty to maintain safe premises. If you slip, trip, or fall due to hazards like wet floors, uneven surfaces, or poor lighting, you may have a personal injury case under premises liability law.

  3. Workplace Injuries

    Texas employers must provide a safe working environment. If an injury occurs on the job, workers may be eligible for workers’ compensation or, in some cases, file a lawsuit for damages if the employer’s negligence was involved.

  4. Medical Malpractice

    When healthcare providers fail to meet the standard of care, patients can suffer harm. Examples include surgical errors, misdiagnosis, or medication mistakes. Texas has specific laws governing medical malpractice claims, including damage caps.

  5. Product Liability

    If a defective product causes injury, you may be able to file a lawsuit against the manufacturer, distributor, or retailer. Common cases involve faulty machinery, contaminated food, or unsafe toys

  6. Dog Bites and Animal Attacks

    Texas law holds pet owners responsible if their animal injures someone, especially if the owner knew the animal had aggressive tendencies.

  7. Wrongful Death

    If a loved one dies due to another party’s negligence or wrongful act, surviving family members may file a wrongful death claim to seek compensation for their loss.

Examples of Negligence in Personal Injury Cases

Negligence can take many forms, including:

  • Distracted driving (e.g., texting or eating while driving)
  • Failing to clean up spills or repair hazards on a property
  • Ignoring safety protocols at work
  • Manufacturing a product with design flaws

Proving a Personal Injury Case

To successfully pursue a personal injury case, you’ll need to prove:

  • The other party’s fault: This often requires evidence such as photos, video footage, police reports, or witness statements.
  • Your damages: Medical records, bills, pay stubs, and expert testimony can help establish the financial and emotional impact of your injury.

Damages in Personal Injury Cases

If your case is successful, you may recover:

  • Economic damages: Medical expenses, lost wages, property damage, and future earning capacity.
  • Non-economic damages: Pain and suffering, emotional distress, and loss of enjoyment of life.
  • Punitive damages: Awarded in rare cases to punish extreme negligence or intentional misconduct.

Do You Have a Case?

If you’re unsure whether your situation qualifies as a personal injury case, we would be happy to visit with you and offer a free consultation. We can evaluate your case, explain your legal options, and help you seek the compensation you deserve.

Conclusion

Personal injury cases in Texas cover a wide range of situations, from car accidents to product liability. The key is proving negligence, causation, and damages. If you believe you’ve been harmed due to someone else’s actions, don’t wait to take action—time limits apply to most personal injury claims. Don’t wait – Texas law limits how long you have to file a personal injury claim! Contact us today for a free consultation and get the justice you deserve.

Learn more about filing a personal injury claim in Texas.

Gavel and legal documents on a table with the Texas State Capitol in the background, symbolizing expunction law in Texas.

The Current State of Expunction Law in Texas: A Comprehensive Analysis

By | Criminal Defense, Expunction
Gavel and legal documents on a table with the Texas State Capitol in the background, symbolizing expunction law in Texas.

Understanding expunction law in Texas, a critical legal mechanism for clearing criminal history records and offering individuals a fresh start.

Introduction to Texas Expunction Law

Expunction in Texas represents a critical legal mechanism designed to provide individuals with a fresh start by clearing specific criminal history records. This process is distinct from other forms of record management and is governed by precise statutory frameworks that have recently undergone significant modernization.

Defining Expunction: Purpose and Legal Effect

Expunction is a judicial process in Texas that aims to permanently remove records of arrest, charge, or conviction from an individual’s criminal history. The fundamental purpose of expunction is to render the expunged event as if it never occurred. This profound legal fiction implies a significant societal commitment to rehabilitation and offering second chances, particularly for individuals who were wrongfully accused or whose minor infractions did not lead to a conviction. The intent extends beyond mere privacy; it is about restoring a person’s legal identity and opportunities, allowing them to move forward without the burden of a past record.

The practical effect of an expunction is the complete removal and destruction of files containing references to the crime, arrest, and punishment from public records, including those held by police and prosecution agencies. Once a case is expunged, it is effectively erased from public view, enabling the individual to legally deny the occurrence of the expunged event on most applications, such as those for employment, housing, or military service. This ability to truthfully state that the event did not occur is a cornerstone of the expunction’s rehabilitative power, preventing past incidents from creating lifelong barriers to social and economic integration.

Expunction vs. Nondisclosure: Key Distinctions and Implications

While both expunction and nondisclosure orders serve to manage criminal records and require a judge’s order, they differ significantly in their scope and the degree of record clearance they provide. Understanding these distinctions is crucial for individuals seeking to address their criminal history.

Expunction results in the complete removal or destruction of criminal records. Once an expunction order is granted, the records are inaccessible to the public, law enforcement, and most government agencies. This process allows the individual to legally deny the event occurred, creating a comprehensive erasure from their public criminal history.

Nondisclosure (Record Sealing), conversely, seals the record, restricting public access but allowing law enforcement, licensing agencies, and certain government entities to still view the information. This option is typically available for individuals who have successfully completed deferred adjudication for certain offenses. The clear differentiation between these two remedies reflects a nuanced legislative intent to balance individual rehabilitation with public safety and regulatory oversight. The state recognizes that not all non-convictions warrant complete erasure, particularly for offenses where deferred adjudication was granted, indicating a level of culpability or state intervention that necessitates continued governmental access for internal purposes, such as future criminal investigations or professional licensing checks. This tiered approach to record clearance ensures the level of relief granted is proportional to the nature of the original incident and its disposition.

The table below summarizes the core differences between expunction and nondisclosure:

Feature Expunction Nondisclosure
Definition Complete erasure of criminal records Sealing of criminal records
Effect on Record “As if it never occurred” Hidden from public view
Who Can See Public, most government agencies (cannot see) Law enforcement, licensing agencies, certain government entities (can see)
Eligibility Basis Acquittal, dismissal, no charges filed, pardon Successful deferred adjudication
Legal Denial Yes, can legally deny Yes, can legally deny to public/employers

Governing Statutes: Texas Code of Criminal Procedure Chapter 55 and Chapter 55A, Government Code Chapter 411, Family Code Chapter 58

The legal framework for expunction in Texas has historically been primarily governed by the Texas Code of Criminal Procedure, Chapter 55. This chapter meticulously outlined the eligibility criteria, the rights of individuals seeking expunction, and the specific procedures that petitioners were required to follow.

However, a crucial legislative update, House Bill 4504 (H.B. 4504), enacted by the 88th Legislature, R.S., has fundamentally restructured Texas expunction law. Effective January 1, 2025, Chapter 55 was repealed and replaced by a new comprehensive chapter: Chapter 55A. Expunction of Criminal Records. This transition signifies a legislative intent to not just amend, but to modernize and streamline the expunction process, addressing past complexities and aiming for clearer guidelines and potentially broader access to relief. The stated goals of HB 4504, such as “simplifying and modernizing” the criminal procedure code, underscore that this is a comprehensive re-codification rather than a minor adjustment. The impact of this change is expected to be felt across all aspects of expunction law, from eligibility to procedure, necessitating careful attention to the evolving legal landscape.

Beyond expunction, nondisclosure orders are governed by the Texas Government Code, Chapter 411, Subchapter E-1. For the sealing of juvenile records, the relevant statute is the Texas Family Code, Chapter 58, specifically beginning at Section 58.003. These separate statutory frameworks highlight the distinct legal considerations and processes for different types of record clearance.

Eligibility Criteria for Expunction

Determining eligibility is the foundational step in the expunction process, as not all criminal records qualify for this comprehensive relief. The criteria are stringent and depend heavily on the disposition of the case and the nature of the offense.

General Conditions for Expunction

Expunction is generally available for arrests that did not lead to a conviction. This consistent emphasis on non-conviction scenarios across various legal resources underscores a foundational legal philosophy: an arrest alone does not equate to guilt, and if the legal process does not culminate in a finding of guilt, the state provides a mechanism to erase the arrest’s public footprint. This protects individuals from the collateral consequences of an arrest that did not lead to a conviction, such as employment discrimination or housing denials.

Key scenarios that typically qualify for expunction include:

  • Arrested but not formally charged: If no criminal charges were filed against the person after an arrest.
  • Acquittal: The person was tried for the offense and acquitted by the trial court.
  • Dismissal: Charges against the person were dismissed or quashed, often due to reasons such as lack of probable cause, false information, or a mistake.
  • Pardon: The person was found guilty and subsequently pardoned, whether the pardon was granted on the basis of actual innocence or for other reasons.
  • Pretrial Diversion: Successful completion of a pretrial diversion program can also lead to expunction eligibility.

Specific Offense Eligibility

While the general rule for expunction centers on non-convictions, Texas law includes specific provisions for certain offenses, reflecting a legislative recognition of the disproportionate impact of minor or non-culpable records on individuals’ lives.

  • Class C Misdemeanors: A notable exception to the general rule that deferred adjudication leads only to nondisclosure is for Class C misdemeanors. Expunction is permitted for Class C misdemeanors where deferred adjudication was successfully completed. This indicates that the state views these minor offenses as sufficiently low-level that even a deferred adjudication should not leave a permanent public mark.
  • DWI Offenses: Generally, expunction is not available for DWI convictions. However, if DWI charges were dismissed or the individual was acquitted, expunction may be possible. For first-time DWI offenders, nondisclosure might be an available option depending on the specific details of the case.
  • Identity Theft: Individuals whose identity was used by someone else during an arrest are specifically eligible for expunction, recognizing the injustice of a record for a crime they did not commit.
  • Truancy/Sexting (Juvenile/Minor Offenses): Recent legislative changes have expanded expunction eligibility for certain juvenile and minor offenses. For example, new laws (such as SB144, SB1489, SB407 mentioned in ) have made expunction possible for single truancy offenses (if the individual is 18 or older and meets conditions like obtaining a high school diploma or GED) and single sexting convictions (if 17 or older).
  • Multiple Violations for First-Time Minor Alcohol Offenders: Significant recent legislation, Texas Senate Bill 1725 (effective September 1, 2023), allows for the expunction of multiple violations arising from a single incident for first-time minor alcohol offenders. This change addresses previous issues where prosecutors often “stacked” charges, preventing comprehensive record clearance for minor incidents. These specific provisions demonstrate a policy shift towards mitigating the long-term consequences of events where the individual’s culpability was minimal, non-existent, or related to youthful indiscretion, aiming to prevent these minor incidents from creating lifelong barriers.

Mandatory Waiting Periods

For many expunction scenarios, specific waiting periods must elapse before a petition can be filed. The existence of these waiting periods, even when no charges are filed, suggests a pragmatic approach by the state: it allows time to determine if charges will be brought or if further investigation is warranted, acting as a safeguard against premature expunction.

  • For offenses where no charges were filed, minimum waiting periods apply from the date of arrest:
  • Class C misdemeanors: 180 days.
  • Class A and B misdemeanors: 1 year.
  • Felonies: 3 years.
  • For cases where charges were brought and later dismissed, the statute of limitations must have expired for all crimes associated with the arrest (not just the charged offenses) before expunction can be applied for, unless the dismissal was due to lack of probable cause or actual innocence.
  • Immediate Eligibility: In contrast, if the case was dismissed due to lack of probable cause or actual innocence, or if the person was acquitted by a jury, there is generally no waiting period. This immediate eligibility indicates a strong legal and ethical imperative to rectify wrongful accusations without delay, recognizing the immediate and severe impact of an unjust arrest record.

The table below provides a concise summary of the mandatory waiting periods:

Scenario Waiting Period
No Charges Filed (Class C Misdemeanor) 180 days from arrest
No Charges Filed (Class A/B Misdemeanor) 1 year from arrest
No Charges Filed (Felony) 3 years from arrest
Acquittal/Actual Innocence No waiting period
Dismissal (other reasons) Until statute of limitations expires

Disqualifying Factors and Exceptions

Despite the broad intent of expunction, strict disqualifying factors exist, underscoring the limited nature of this remedy and the state’s paramount interest in maintaining records for public safety and accountability when guilt is established or prosecution is ongoing.

  • Convictions: Generally, if an individual was convicted of the offense, they are not eligible for expunction. The only exceptions are a pardon or a Class C misdemeanor that resulted in successful deferred adjudication. This highlights that expunction is an exceptional remedy primarily for non-convictions, not a general pardon for all past offenses.
  • Pending Charges: If there are currently pending charges against the individual stemming from the arrest they seek to expunge, they are not eligible for expunction.
  • Criminal Episode: A court may not order expunction if the person was acquitted of an offense, but that offense arose out of a criminal episode for which they were convicted or remain subject to prosecution. This limitation prevents individuals from selectively erasing parts of a connected criminal history, ensuring a holistic view for justice agencies where genuine culpability exists. However, if multiple charges from the same arrest did not arise from the same criminal episode, expunction for the non-convicted charge may still be possible.
  • Deferred Adjudication (Non-Class C): For Class A and B misdemeanors or felonies, successful completion of deferred adjudication typically makes an individual eligible only for an order of nondisclosure, not expunction.

Special Circumstances (Juvenile Records)

Texas law provides distinct and often more lenient provisions for juvenile record sealing, reflecting a legal philosophy focused on rehabilitation and preventing youthful mistakes from permanently hindering adult opportunities.

Juvenile records can be sealed under Texas Family Code, Chapter 58. The state may automatically restrict record access for individuals who turn 17, provided they were not violent or serial offenders and were not tried as adults. Additionally, juveniles and their representatives can petition the state to permanently seal criminal records. For felony offenses committed as a juvenile, an offender may qualify for record sealing if they are 19 or older, were not tried as an adult, and did not obtain a conviction for an additional felony after turning 17. Recent legislative changes effective in 2025 may even lead to automatic sealing of juvenile records for minor offenses without requiring a lengthy application process. These provisions underscore a recognition that minors’ actions should be treated differently from adults’, aiming to give young people a genuine “fresh start” by minimizing the long-term impact of their early interactions with the justice system.

The Expunction Process: Step-by-Step Guide

Navigating the expunction process in Texas requires adherence to specific procedural steps, from initial eligibility assessment to post-order record removal. The complexity of these steps often necessitates professional legal assistance.

Initial Assessment and Eligibility Confirmation

Before initiating the expunction process, it is paramount for an individual to confirm their eligibility and ascertain that any applicable waiting periods have passed. The repeated emphasis on legal consultation and the inherent complexity of eligibility assessment suggest that while the law aims to provide a fresh start, the practical hurdles to achieving it are significant, potentially creating a barrier to access for unrepresented individuals. Legal professionals are strongly recommended to confirm eligibility under the current Texas laws, as the criteria can be nuanced and the process unforgiving. For specific case information, individuals can contact the District Attorney’s office or Municipal Courts.

Preparing the Petition and Required Documents

The expunction process is a civil matter that demands specific petitions and orders containing precise legal language. The lack of readily available “fill-in-the-blank” official forms for expunction, coupled with the strict requirement for precise legal language, indicates a deliberate design that favors legal expertise, potentially hindering pro se applicants. If documents are inaccurate or incomplete, a judge will deny the expunction.

Typically, petitioners will need to prepare three core documents:

  • A Petition for Expunction.
  • An Order Setting Hearing.
  • An Agreed Order of Expunction.

While Texas generally provides few official legal forms, petitioners may draft custom forms using templates or drafting guides. Resources such as TexasLawHelp.org and the Office of Court Administration offer sample forms. Additionally, gathering all necessary documentation, including arrest records, court case numbers, and proof of dismissal or acquittal, is essential for a complete petition.

Filing Procedures and Associated Fees

Once the necessary documents are prepared, the petition and order setting hearing must be filed with the appropriate District Clerk’s office, such as the Harris County District Clerk. Filing fees apply, with a base fee of approximately $227 in some counties, plus additional fees for serving each law enforcement agency listed in the petition. Payment methods may be restricted, often excluding personal checks.

Significant legislative changes introduced by C.S.S.B. 1667, effective September 1, 2025, aim to streamline the expunction process and reduce financial burdens. Electronic service of petitions and notices to agencies will become free to the filer, and state and local agencies will be required to accept electronic service whenever possible. For cases where electronic service is not available, a standardized fee of $25 per entity will be charged. This shift towards electronic processing and standardized fees reflects a proactive effort by the state to modernize the expunction process, recognizing past administrative bottlenecks and aiming for improved efficiency and predictability in costs.

Notifying Agencies and Entities

The expunction petition must meticulously list all law enforcement agencies, courts, prosecuting attorneys, and other governmental entities that may possess records of the arrest. It is critically important to include all necessary parties, as failing to do so may result in records remaining publicly accessible even after an expunction order is granted, undermining the purpose of the expunction. The court is responsible for sending a copy of the petition and notice of hearing to each listed entity.

C.S.S.B. 1667, effective September 1, 2025, further streamlines this notification process. Petitions will be prohibited from listing any state or local agency more than once or including multiple contacts or addresses for different divisions within the same agency, thereby reducing redundancy. Additionally, district clerks will be required to maintain a list of agencies and their email addresses on their website to facilitate accurate notification. This legislative effort to standardize agency listings and promote electronic notification demonstrates an understanding that administrative inefficiencies in record dissemination can undermine the effectiveness of expunction orders, and that a centralized, streamlined approach is necessary for true record clearance.

Court Hearings and Judicial Review

Upon filing, the court will set a hearing on the expunction petition, typically not earlier than 30 days after the filing date. Petitioners may need to attend this court hearing, especially if the expunction is contested by an agency or if the judge requires further confirmation of eligibility.

A key procedural step involves the “Agreed Order of Expunction.” This document must be prepared by the petitioner and signed by all listed law enforcement agencies before it is submitted to the court for the judge’s final approval. The requirement for a court hearing and the need for agencies to sign an “Agreed Order” before judicial approval indicate that expunction, despite its “fresh start” purpose, is not a mere formality. Instead, it involves a judicial review that balances individual rights with institutional oversight, ensuring that expunction is granted only when all legal and procedural requirements are met and the state’s interests are not unduly compromised.

Post-Order Procedures and Timelines for Record Removal

Once the judge signs the expunction order, the court is responsible for circulating it to all relevant agencies. However, the process does not conclude immediately. It typically takes a minimum of three months for an expunction order to become final, and often longer due to administrative backlogs, particularly with the Texas Department of Public Safety (DPS), which serves as the central clearinghouse for criminal records. The historical challenge of slow processing times and limited record retention for expunction orders highlights a systemic bottleneck that previously undermined the practical benefit of expunction.

To address these issues, recent changes introduced by C.S.S.B. 1667 (effective September 1, 2025) aim to improve efficiency. Clerks will be allowed to retain expunction orders indefinitely, ensuring petitioners can obtain copies if needed, thereby addressing the previous one-year retention limit that often forced individuals to restart the process if they lost their original order. Additionally, the bill aims for faster processing times through the implementation of a more efficient digital system. These legislative actions demonstrate a commitment to making the expunction process more practically viable and sustainable for individuals, moving beyond just defining the right to expunction to actively facilitating its effective implementation.

Legal Effects and Practical Implications of Expunction

The successful expunction of a criminal record carries significant legal and practical implications, fundamentally altering an individual’s public criminal history and their ability to move forward.

Impact on Background Checks (Public vs. Governmental Access)

Once a record is expunged, it should not appear in background checks conducted by private entities such as employers, landlords, or financial institutions. The judge’s order mandates all governmental agencies to completely erase the record for that specific allegation. This is a powerful aspect of expunction, designed to remove barriers to employment, housing, and financial stability.

However, it is important to note a critical limitation: some federal agencies, such as the Department of Homeland Security, may still retain knowledge of the expunged crime. This distinction between state-level expunction and federal access reveals a tension between individual rehabilitation and the state’s need for comprehensive information, particularly at the federal level. State expunction orders do not bind federal agencies, creating a persistent “shadow record” for certain purposes (e.g., immigration, federal employment). This is a significant limitation on the “as if it never occurred” principle and a crucial point for individuals to understand when considering federal applications.

Right to Deny Arrest and Expunged Offenses

A significant benefit of expunction is the legal right it grants an individual to deny that they were ever arrested, charged, prosecuted, or jailed for the expunged offense. This ability to truthfully deny the event is a cornerstone of expunction’s rehabilitative power. This denial can be made on various applications, including those for employment, school, or military service, and even under oath in civil proceedings.

There is one key exception: in a criminal proceeding, a person must acknowledge the expunction order by stating that the matter has been expunged. This exception reflects the state’s overriding interest in maintaining accurate internal records for ongoing justice administration. The court system needs to know an individual’s full history when administering justice for new offenses, even if past records are publicly expunged. This balance demonstrates the law’s attempt to provide a fresh start without compromising the integrity of the criminal justice system.

Importance of Legal Counsel

The expunction process is highly complex, involving specific legal requirements, forms, and procedures. Mistakes in eligibility determination, petition preparation, or agency notification can lead to the denial of the expunction.

Critically, a denied petition can result in the loss of filing fees and, more importantly, the loss of the right to expunge that specific case in the future, even if it later becomes eligible. This is often referred to as the “one shot” rule. The “one shot” rule imposes a high penalty for procedural errors, reinforcing the practical necessity of legal expertise and potentially creating an inequitable system where access to justice depends on a petitioner’s ability to navigate complex legal minutiae flawlessly. Given these high stakes, legal professionals are strongly recommended to ensure proper eligibility assessment, accurate documentation, correct filing, and comprehensive agency notification, significantly increasing the chances of a favorable outcome.

Recent Legislative Changes and Future Outlook (Effective 2025)

Texas expunction law is undergoing a significant transformation, with key legislative changes set to take effect in 2025. These updates aim to modernize the process, expand eligibility, and improve efficiency, reflecting an evolving societal understanding of the long-term impact of criminal records.

Overview of House Bill 4504 and Chapter 55A

House Bill 4504 (HB 4504) represents a fundamental revision of the Texas Code of Criminal Procedure, with substantial changes impacting the expunction of criminal records, effective January 1, 2025. This bill repeals the old Chapter 55 and replaces it entirely with the new Chapter 55A. Expunction of Criminal Records. This legislative shift towards expanded eligibility and automatic expungement, particularly for dismissed cases and acquittals, signals a policy pivot towards proactively clearing records for individuals who were not convicted, reducing the burden on petitioners and streamlining the “fresh start” process.

Key updates introduced by HB 4504 and Chapter 55A include:

  • Expanded Eligibility: More misdemeanor offenses are now eligible for expungement. Additionally, certain non-violent felony offenses may now qualify for record sealing under specific conditions.
  • Automatic Expungement: A significant new development is the introduction of automatic expungement for some dismissed charges and cases resulting in acquittal, meaning these records will be removed from an individual’s history without requiring a formal petition. This is a major departure from the previous system where a petition was always required, indicating a legislative recognition that for clear-cut non-convictions, the state should take the initiative to clear records.
  • Reduced Waiting Periods: In some cases, the waiting periods for expungement applications have been reduced, although specific details on which waiting periods are affected are not fully elaborated in the available information.
  • Faster Processing Times: The Texas court system has implemented a more efficient digital processing system, aiming to reduce the time it takes for an expungement request to be approved.

Impact of C.S.S.B. 1667 (Effective September 1, 2025)

Complementing HB 4504, C.S.S.B. 1667, effective September 1, 2025, further aims to modernize the expunction process by improving administrative efficiency and access. This bill’s focus on administrative and logistical improvements demonstrates a legislative commitment to addressing the practical friction points in the expunction process, ensuring that the legal right is supported by efficient procedural mechanisms.

Key provisions of C.S.S.B. 1667 include:

  • Electronic Service: The bill makes electronic service of petitions and notices free to the filer and requires state and local agencies to accept it whenever possible.
  • Standardized Fees: It establishes a standardized $25 fee per entity for non-electronic service, ensuring more predictable costs for petitioners and aiming to reduce mailing expenses.
  • Indefinite Record Retention: A critical change allows clerks to retain expunction orders indefinitely, ensuring petitioners can always obtain copies if needed. This addresses the previous one-year retention limit, which often forced individuals to restart the expunction process if their original order was lost. The bill also requires the confidential maintenance of mental health orders related to expunctions.
  • Federal Prohibited Person Information: Courts will retain federal prohibited person information regardless of expunction for specific audit and National Instant Criminal Background Check System (NICS) purposes.
  • Streamlined Petition Contents: The bill prohibits listing agencies multiple times or including multiple contacts/addresses for different divisions within the same agency, aiming to reduce redundancy in the petitioning process.

Implications for Petitioners and the Legal Process

These legislative updates, particularly the combined effect of HB 4504 and C.S.S.B. 1667, signify a comprehensive legislative push to enhance access to justice and rehabilitation through record clearance. They reflect an evolving societal understanding of the long-term impact of criminal records on individuals’ lives.

The updates aim to make it “easier than ever to clear your record in Texas”. Expanded eligibility and the introduction of automatic expungement mean that a greater number of individuals may now qualify for a fresh start. Streamlined procedures, reduced filing fees, and faster processing times are intended to lessen the burden and waiting periods for petitioners. However, despite these improvements, the expunction process remains complex, and legal guidance is still strongly recommended to navigate the intricacies and ensure successful record clearance.

The table below provides a comparative overview of the key changes to Texas expunction law:

Area of Change Pre-2025 (Chapter 55) Post-2025 (Chapter 55A/HB 4504 & C.S.S.B. 1667)
Governing Statute Chapter 55 Code of Criminal Procedure Chapter 55A Code of Criminal Procedure
Eligibility More restrictive Expanded, more misdemeanors/some non-violent felonies
Automatic Expungement No automatic expungement Yes, for certain dismissed cases/acquittals
Processing Time Manual, often slow Faster digital processing
Filing Fees/Service Variable, often high mailing fees Electronic service free, $25 for non-electronic
Record Retention Limited (60 days-1 year) Indefinite retention

Common Misconceptions and Important Considerations

Despite the legal provisions for expunction, several common misconceptions persist, highlighting the need for clear information and careful navigation of the process.

Automatic Expungement Myth

A widespread misconception is that criminal records are automatically expunged after a certain period or upon dismissal of a case. This is generally untrue; arrest records typically remain on an individual’s criminal background unless and until a petition for expunction is formally filed and granted by a court. While recent changes introduced by HB 4504 effective 2025 will introduce some automatic expungement for specific dismissed cases or acquittals, this is a new development for certain cases and not a universal rule. The general principle remains that proactive action is required to clear a record. The persistence of this myth, despite the legal reality, highlights a significant public information gap that the new automatic expungement provisions aim to bridge, albeit for a limited scope of cases.

Dismissed Cases Still Appear on Records

Even if a criminal case is dismissed, the associated arrest record will still appear on criminal background checks conducted by the Texas Department of Public Safety (DPS) and subsequently disseminated to third-party services. This reality underscores the severe collateral consequences of even a non-conviction, reinforcing the critical need for expunction to truly achieve a “fresh start” in practical terms. Many individuals mistakenly believe that a “dismissed” case means it is “gone” from their record. However, the arrest itself remains visible, which can pose significant hurdles for individuals seeking employment or housing. This necessitates expunction even for dismissed cases to truly clear the record from public view.

Waivers of Expunction

In some instances, particularly during plea negotiations, an individual may sign a waiver of expunction. This can make obtaining an expunction more difficult in the future. The existence of expunction waivers in plea agreements suggests a potential tension between the state’s interest in plea efficiency and an individual’s long-term rehabilitation prospects. While signing such a waiver does not necessarily render expunction impossible, it complicates the process. An attorney familiar with such waivers can explore available avenues for relief , emphasizing the critical role of defense counsel in advising clients on these long-term consequences.

“One Shot” Rule for Expunction Petitions

A critical consideration for petitioners is the “one shot” rule: an individual typically has only one opportunity to obtain an expunction for a specific case. If a judge denies a petition due to an error in the filings, an inaccurate eligibility date, or because the case does not yet qualify (e.g., still within the statute of limitations), the petitioner may permanently lose the right to expunge that specific case in the future, even if it subsequently becomes eligible. This rule imposes a high penalty for procedural errors, reinforcing the practical necessity of legal expertise and potentially creating an inequitable system where access to justice depends on a petitioner’s ability to navigate complex legal minutiae flawlessly. This unforgiving aspect of the process highlights the critical importance of accuracy and legal expertise in the filing process.

Conclusion

The current expunction law in Texas, particularly with the significant legislative changes taking effect in 2025, represents a dynamic and evolving framework designed to offer individuals a pathway to a fresh start. Expunction provides the most comprehensive relief, aiming for the complete erasure of eligible criminal records, allowing individuals to legally deny past arrests. This stands in contrast to nondisclosure, which seals records from public view but retains access for law enforcement and specific governmental entities.

The transition from Chapter 55 to the new Chapter 55A of the Code of Criminal Procedure, driven by House Bill 4504, signifies a proactive legislative effort to modernize and streamline the expunction process. This includes expanded eligibility for more misdemeanor and certain non-violent felony offenses, the introduction of automatic expungement for specific dismissed cases and acquittals, and reduced waiting periods. Complementary legislation like C.S.S.B. 1667 further enhances efficiency by standardizing fees, promoting electronic service, and ensuring indefinite retention of expunction orders. These combined changes reflect a broader policy goal of reducing barriers to employment, housing, and social reintegration for a larger segment of the population, acknowledging the significant impact of criminal records on individuals’ lives.

Despite these advancements, the expunction process remains inherently complex. The stringent eligibility criteria, the precise procedural requirements, and the “one shot” rule for petitions underscore the critical importance of legal counsel. While the state is moving towards a more accessible system, navigating the intricacies of the law effectively still necessitates specialized knowledge to ensure successful record clearance and avoid irreversible procedural missteps. The ongoing evolution of Texas expunction law demonstrates a continuous effort to balance individual rehabilitation with the state’s need for public safety and administrative integrity.

For More Information See:

  1. General Information – Expunctions & Nondisclosure Orders – Texas State Law Library, https://guides.sll.texas.gov/expunctions-and-non-disclosure
  2. www.fortbendlibraries.gov, https://www.fortbendlibraries.gov/sites/default/files/2020-09/4.%20Expunctions%20and%20Nondisclosures%20in%20Texas%20%282015%29.pdf
  3. CODE OF CRIMINAL PROCEDURE CHAPTER 55. EXPUNCTION OF CRIMINAL RECORDS – Texas Statutes, https://statutes.capitol.texas.gov/docs/CR/htm/cr.55.htm
  4. CODE OF CRIMINAL PROCEDURE CHAPTER 55A. EXPUNCTION …, https://statutes.capitol.texas.gov/GetStatute.aspx?Code=CR&Value=55A
  5. CODE OF CRIMINAL PROCEDURE CHAPTER 55A. EXPUNCTION OF CRIMINAL RECORDS – Texas Statutes, https://statutes.capitol.texas.gov/Docs/CR/pdf/CR.55A.pdf
  6. How Do I Expunge My Record? – Texas Senate, https://senate.texas.gov/members/d23/pdf/ExpunctionsAndTexasLaw.pdf
  7. Expunction Petition – Arrest Records (Chapter 55) – Texas Justice Court Training Center, https://www.tjctc.org/.assets/texas-justice-court-training-center/texas-justice-court-training-center/updated-forms/criminal-procedure-forms/Petition%20-%20Expunction%20of%20Arrest%20Records%20Chapter%2055
  8. Filing a PRO SE Expunction – City of Houston, https://www.houstontx.gov/police/expunction/
  9. Expunction & Nondisclosure – Commonly Requested Legal Forms – Texas State Law Library,https://guides.sll.texas.gov/legal-forms/expunction-nondisclosure
  10. capitol.texas.gov, https://capitol.texas.gov/tlodocs/89R/analysis/html/SB01667S.htm
Accident on Icy Road

Accidents on Icy Texas Roads: Who is Liable?

By | Car Wreck

Accident on Icy RoadWhen we think of extreme weather in Texas, we generally think of severe thunderstorms, hail, wind, and tornados, but, as we have learned, ice and snow storms can be just as dangerous and deadly. There’s also a human factor when snow and ice hit Texas that increases the likelihood of severe injuries and even death for the untrained, inexperienced, and careless driver.

A Federal Highway Administration report states that on average, icy roads cause 151,944 vehicle accidents, 38,770 crash injuries, and 559 crash fatalities a year. These ice-related accidents produce roughly 11% of all weather-related accidents in the country. This is alarming because it shows how dangerous icy roads can be, but it should also alert you to the possibility of personal injury or property damage if you decide to drive in icy conditions.

Icy Roads in the Texas News

The Basics of Negligent Driving in Texas

In the simplest form, negligence involves:

  • A duty to a person (the duty to be a careful, safe driver);
  • A breach of that duty (driving too fast, etc); and
  • That breach causing damages to another person (property damage, injuries, or death caused by a car accident).

Every driver has a basic duty to other drivers to drive safely and not collide with anyone. This requires them to drive as a reasonably prudent person would drive in the given situation. When they breach that duty, or collide with another person or vehicle, they may be liable for the physical or financial damages they caused. But what if the roads were icy and the driver lost control?

Ice is NO Defense to an Accident! | Liability for Accident and Injuries in Winter Conditions

Drivers are expected to take note of weather and road conditions and adjust their driving accordingly. When the temperatures are near or below freezing and precipitation is present, there is a strong possibility of ice on the roads. Because a driver should know of the chance of icy conditions, they should drive as a reasonably prudent person would drive on icy roads.  Blaming the ice will not work if the driver crashes into another car on the road.

Precautionary Measures for Driving in Icy Weather | Driving in Texas in the Winter

When there may be ice on the roads, you should take precautionary measures when driving:

  • Don’t drive unless you have to;
  • Follow your local news or go to drivetexas.org* to get updates on road conditions;
  • Drive below the speed limit;
  • Do not get distracted from the road; and
  • Avoid hills, bridges, and low spots if you can.

If you are hit by a driver who was driving in icy conditions, even if they lost control, they may be liable for negligently driving. You should contact your attorney with the accident report and any other information from the accident to help work through your options.

For more winter weather driving tips, click here.

*drivetexas.org is run by the Texas Department of Transportation who also posts on social media outlets.

Texas statute of limitations for criminal offenses

Statute of Limitations in Texas | How Long Does the State Have to Bring Charges?

By | Criminal Defense

How Long Does the State Have to Bring a Criminal Case Against Me?

Texas statute of limitations for criminal offensesTexas law sets out the statute of limitations, the period during which formal charges must be brought against a defendant for most offenses. These time periods range from two years to over twenty years, and for some offenses there is no limitation period at all. The applicable limitation period depends on the particular offense that is alleged.

The various statutes of limitation mean that the state must present an indictment or information within said time period or prosecution will be time barred. The presentation of an indictment occurs when the grand jury has made its decision and the indictment is received by the court. Tex. Code Crim. Proc. Ann. Art. 12.06. The presentation of an information occurs when it has been properly filed in court. Tex. Code Crim. Proc. Ann. Art. 12.07. The limitations period is tolled while the case is pending after an information is filed or indictment issued. Tolling means that the time will not be counted against the limitations period.

Generally, the time period is measured based on the date the offense was committed. When computing the time period, the day on which the offense was committed and the day on which the charge was presented are excluded. Tex. Code Crim. Proc. Ann. Art. 12.04. Thus, the clock starts running the day after the offense was committed and is paused when the indictment or information is presented. Additionally, any time the defendant was absent from the state is excluded when computing the time period. Tex. Code Crim. Proc. Ann. Art. 12.05(1).

What Are the Time Periods in the Texas Statutes of Limitations?

TEXAS PERIODS OF LIMITATIONS FOR MISDEMEANOR OFFENSES

Texas law provides that for most misdemeanor offenses there is a standard period of limitations of two (2) years. Tex. Code Crim. Proc. Ann. arts. 12.02. The only exception is for Assault Family Violence allegations, for which the limitation period is 3 years. Thus, for any given misdemeanor charge, the State must bring prosecution within two years from the commission of the crime (or 3 years if the allegation is one of family violence).

TEXAS PERIODS OF LIMITATIONS FOR FELONY OFFENSES

There are several periods of limitations provided for the various felony offenses, as well as a catch all time period of three years for all other felonies not specifically provided for. Tex. Code Crim. Proc. Ann. art. 12.01(7). See the chart below for the time period provided for certain major felony offenses.

PERIOD OF LIMITATIONS FELONY OFFENSE
(A) Five Years

 

See Tex. Code Crim. Proc. Ann. art. 12.01(4).

  • Theft or Robbery,
  • Kidnapping or Burglary (except as provided in (E)),
  • Injury to Elderly or Disabled (unless 1st Degree),
  • Abandoning or Endangering Child, and
  • Insurance Fraud
(B) Seven Years

 

See Tex. Code Crim. Proc. Ann. art. 12.01(3).

  • Money Laundering
  • Credit Card or Debit Card Abuse
  • Medicaid Fraud
  • False statement to obtain property or credit; and
  • Fraudulent Use or Possession of Identifying Information
(C) Ten Years

 

See Tex. Code Crim. Proc. Ann. art. 12.01(2).

  • Theft of any estate by an executor, administrator, guardian, or trustee
  • Theft by a public servant of government property
  • Forgery or uttering, using, or passing of a forged instrument
  • Sexual assault (except as provided in (F)),
  • Injury to an elderly individual or disabled individual (if punishable as a first degree felony), and
  • Arson
(D) Ten Years from the Victim’s 18th Birthday

 

See Tex. Code Crim. Proc. Ann. art. 12.01(6).

  • Injury to a Child
(E) Twenty Years from the Victim’s 18th Birthday

 

See Tex. Code Crim. Proc. Ann. art. 12.01(5).

  • Sexual Performance by a Child younger than 17
  • Aggravated Kidnapping with intent to sexually abuse a victim younger than 17, and
  • Burglary of a Habitation with the intent to sexually abuse a victim younger than 17
(F) No Time Limitation

 

See Tex. Code Crim. Proc. Ann. art. 12.01(1).

  • Murder or Manslaughter
  • Leaving the Scene of an Accident which Resulted in Death
  • Indecency with a Child
  • Sexual Assault or Aggravated Sexual Assault of a Child
  • Continuous Sexual Abuse of a Child
  • Sexual Assault if DNA testing indicated that the perpetrator’s identity could not be readily determined
  • Sexual Assault if there is probable cause to believe that the defendant has committed the same or similar offense against 5 or more victims
(G) Three Years

 

See Tex. Code Crim. Proc. Ann. art. 12.01(7).

  • All other Felonies.
  • Misdemeanor Assault Family Violence.

Periods of Limitations for Aggravated Offenses, Attempt, Conspiracy, and Solicitation

The limitation period for criminal attempt is the same as provided for the offense attempted. Tex. Code Crim. Proc. Ann. art. §12.03(a). Additionally, the limitation period for criminal conspiracy or organized crime is that of the most serious offense that is the subject of the conspiracy or organized crime. §12.03(b) Further, the limitation period provided for criminal solicitation is the same as the period of the felony solicited. §12.03(c). Finally, an aggravated offense has the same period of limitation as provided for the primary crime. §12.03(d)

In conclusion, these limitations are set out to protect defendants from having to face charges where evidence is stale and witnesses are unavailable due to the long period of time the State has waited to bring prosecution. The Texas Code of Criminal Procedure is very specific in how it has laid out the periods of limitations so that there will be no question as to the time period for a particular offense and how that time period should be computed.

*Note: The above provided chart is not all-inclusive but instead focuses on only some of the major felony offenses. An exhaustive list can be found in Section 12.01 of the Texas Code of Criminal Procedure.

Best Fort Worth DWI Attorney

Do’s and Don’ts When You’re Pulled Over for a DWI

By | DWI

Finding those blue and red lights in your rearview mirror is never ideal. If it’s a DWI stop, it can feel like your heart is racing twice as fast. But while the nerves are understandable, the key here is knowing what to do—and maybe more importantly, what not to do. Let’s dive into a few tips that might make a difference if you find yourself in this situation.

Stay Calm and Collected if Stopped for DWI

Do: Breathe. Take a moment, gather your thoughts, and remember that keeping calm can really help. When the officer approaches, be respectful and polite. A calm demeanor doesn’t mean you’re admitting guilt; it simply shows maturity and may influence how the officer views you. Even if your pulse is racing, a little “fake it till you make it” can go a long way.

Don’t: React emotionally or aggressively. Panicking or being rude won’t help. It could even escalate the situation. The officer is there to do their job, and unfortunately, this may involve some tough questioning. But stay focused—cool and collected is the goal.

Comply with Basic Requests, But Know Your Rights

Do: Hand over your license, insurance, and registration when asked. This is standard procedure, and providing these essentials without fuss can keep things running smoothly.

Don’t: Overshare. Remember, officers will often ask questions about where you’ve been or how much you’ve had to drink. It may seem like casual conversation, but it’s often their way of gathering information. Instead of diving into a full recap of your evening, keep it simple and to the point. You don’t have to answer beyond basic questions, so politely decline to offer additional details if you feel uncomfortable.

Field Sobriety Tests – The Art of the Polite Refusal

Do: Know your right to say “no.” Field sobriety tests, like the “walk and turn” or the “one-leg stand,” are voluntary in Texas (unless you’re on probation). Politely refusing can be a smart move, as these tests are designed in a way that even sober people can struggle with them—stress, nerves, and uneven ground can all affect the results.

Don’t: Feel pressured to go along just because the officer doesn’t explicitly ask if you’re willing to participate. Officers might assume you’ll comply and jump straight into the tests. So, if you’d rather not do them, a simple, “I prefer not to take these tests” can be your best option. Remember, you’re not obligated to help build the state’s case against you.

Breath and Blood Tests – Understanding the Consequences

Do: Know what’s at stake. Breath and blood tests fall into a slightly different category. In Texas, refusing a breath or blood test can have immediate consequences, like a license suspension, but it’s still within your rights unless an officer presents a warrant.

Don’t: Refuse if a valid warrant is presented. If an officer has obtained a warrant for a blood test, you’re legally required to comply. Failing to do so could lead to additional legal trouble, which might make a bad situation worse. Think carefully, and when in doubt, ask for clarity.

Remain Silent Beyond Basic Information

Do: Use your right to remain silent wisely. Beyond providing identification, you’re not obligated to answer detailed questions. Many people feel the need to explain themselves in these situations, but even seemingly innocent statements could later be used as evidence.

Don’t: Spill the details of your evening. This isn’t the time for full transparency about how much you had to drink or why you may look tired. Politely telling the officer, “I’m not comfortable answering that” is within your rights and can help prevent anything being taken out of context later.

Plan Ahead – Use Alternative Transportation

Do: Make a game plan in advance. Look, no one wants to be in a situation where they’re stopped for DWI. Using rideshare options like Uber or Lyft can save a lot of trouble and maybe even a lot of money. If there’s even a slight chance that you’re over the limit, it’s best to leave the car keys behind.

Don’t: Wait until it’s too late. Last-minute decision-making is stressful, and being proactive is way easier than facing DWI charges. Think of it as a minor investment in your peace of mind—and definitely cheaper than the potential costs of a DWI.

Wrap-Up: Staying Smart and Safe on the Road

Getting pulled over is never a pleasant experience, especially when a DWI is involved. The best steps are often the simplest: stay calm, comply with basic requests, know your rights, and remember the power of a polite refusal. Ultimately, avoiding this situation by planning ahead—calling that Uber—is the smartest move you can make. But if it ever does happen, hopefully, these do’s and don’ts will guide you through with confidence.

Here’s to making smart choices and staying safe on the road.

Scholarship Winners BHW 2024

2024 Scholarship Winners

By | Scholarship

Barnett Howard & Williams PLLC Announces the Recipients of the 2024 Scholarship Awards

Scholarship Winners BHW 2024BHW is thrilled to continue our two scholarships for 2024. In honor of the sacrifices of our military veterans, our scholarships are connected to military service. The first scholarship is a $500 award for a Military Veteran Law Student and the second scholarship is a $500 award for a Military Dependent undergraduate student. Throughout the year, we received many applications from very deserving students. We appreciate all of the students that took the time to apply for the scholarships and wish them all the best in their studies. For those students that were not selected, we invite you to apply again next year as we plan to continue the scholarship offers as an annual award.

2024 Winner – Military Veteran Law Student Scholarship

The winner of the 2024 Military Veteran Law Student Scholarship is:

DERRICK BRANTLEY

Derrick Brantley is a U.S. Army infantry veteran that served in both Iraq and Afghanistan. Mr. Brantley currently attends Dwayne O. Andreas School of Law – Barry University in Orlando, Florida. Congratulations Derrick Brantley. Best wishes as you continue toward your law degree.

2024 Winner – Military Dependent Scholarship

The winner of the 2024 Military Dependent Undergraduate Scholarship is:

SA’NYA POLO

Sa’Nya Polo is a US Army dependent whose parents both served in the US Army and continue to serve as government employees assisting veterans. Ms. Polo currently attends UCLA and is pursuing a degree in film. Congratulations Sa’Nya Polo. Best wishes as you continue in your studies.

More Information About Our Scholarship Opportunities:

For more information about how to apply for these scholarships in future years, please visit the scholarship pages:

Military Veteran Law Student Scholarship

Military Dependent Scholarship