Most people hire the first firm that returns their call. That is understandable after a wreck, and it is also how someone ends up eight months into a case having never spoken to the attorney whose name is on the sign.
Choosing a Houston personal injury lawyer has real consequences for what you eventually take home, and the questions that matter are not the ones firms put in their advertising. Texas rules give you the right to ask all of them, in writing, before you sign.
What Should You Ask a Houston Personal Injury Lawyer Before Signing Anything?
Ask who will actually handle the file, whether case expenses come out before or after the fee, when the lawyer last tried a case to a verdict, and whether your case will be referred to another firm.
Those four answers separate firms more than anything on a billboard, and Texas rules require honest answers to all of them. A contingency agreement is a contract, so the questions belong before the signature.
Key Takeaways About Choosing a Personal Injury Attorney in Texas
- Texas requires every contingency fee agreement to be in writing and to state how the fee is calculated (Rule 1.04(d))
- The same rule requires the agreement to say whether expenses come out before or after the fee, and that order changes what you take home
- A lawyer referring your case out must tell you who is involved and what share each firm gets, in writing, beforehand
- Public disciplinary history appears on a lawyer's State Bar of Texas profile and is free to check
- If someone solicited you after your crash, Texas law may let you void that contract and recover a $10,000 penalty
Who Will Actually Handle My Case?
Ask this first, and ask plainly. Large advertising firms often sign a case with one attorney and staff it with another. That is not improper by itself. Not knowing is the problem.
Will my case be referred to another firm?
Texas addresses this directly. Under Rule 1.04(f), a fee division between firms in different offices requires the client's written consent before the referral, including the identity of every firm involved and the share each one receives.
Rule 1.04(g) adds teeth. Consent given without that information does not count, and fees cannot be collected on an arrangement never properly confirmed.
A referral does not increase your total fee. The split comes out of the same percentage. You are still entitled to know who is doing the work.
Who do I call when I have a question?
Get a name and a role. Case managers handle most day-to-day communication at nearly every injury firm, which is normal and often efficient. What matters is who makes decisions and how quickly calls get returned.
What Should You Ask About the Fee?
Every contingency agreement in Texas must be in writing and must state how the fee is calculated, including different percentages for settlement, trial, and appeal. That comes from Rule 1.04(d) and Tex. Gov't Code §82.065, which also requires signatures from both attorney and client.
Are case expenses deducted before or after your fee?
This question is worth real money, and most people never ask it. Texas does not require one order. It requires the agreement to say which one applies.
| Expenses deducted before the fee | Expenses deducted after the fee | |
| Gross settlement | $100,000 | $100,000 |
| Case expenses | $10,000 | Fee applied first |
| Fee (33 1/3%) | $30,000 | $33,333 |
| Expenses | Already deducted | $10,000 |
| Your net | $60,000 | $56,667 |
Illustration only, not a promise of any result. Same settlement, same percentage, different order, roughly $3,300 apart. On a larger case with heavier costs, the gap grows.
What happens to expenses if we do not win?
Ask whether you owe costs if the case is lost, and get the answer in the contract rather than in conversation. Practices differ, and this term is easy to skim past.
How Do You Verify What a Lawyer Tells You?
Two free public sources answer most of it.
License status and public discipline. The State Bar of Texas maintains a searchable directory of every Texas attorney. Its FAQ page confirms that public disciplinary history appears on an attorney's online profile along with recent public judgments. Pending grievances stay confidential, so a clean profile is meaningful but not absolute.
Board certification. The Texas Board of Legal Specialization certifies attorneys in Personal Injury Trial Law, and the standards are specific. An applicant must be licensed at least five years, devote at least 25% of practice to the area for three years, handle at least 10 contested cases submitted to a trier of fact including five personal injury jury trials, log at least 20 days in trial, provide references from four attorneys and one judge, and pass a six-hour exam.
The State Bar has reported roughly 7,100 board certified attorneys out of more than 110,000 licensed in Texas across all specialty areas. Verify any lawyer's certification at tbls.org.
When Did You Last Try a Case to a Verdict?
Ask it exactly that way. Almost every injury case settles, and that is usually the right outcome. What changes an insurer's evaluation is whether the firm across the table tries cases when settlement talks stall.
Two follow-ups: how many cases like mine has this office taken to trial in Harris County, and who from this firm would sit at counsel table.
Did Someone Contact You First? Texas Has a Law About That
If a stranger approached you at the hospital, called within days of the crash, or offered you money to sign with a particular firm, Texas treats that as barratry, and the remedies are unusually strong.
Under Tex. Penal Code §38.12, soliciting employment in person or by phone for economic benefit, paying someone to solicit clients, or accepting payment to do so is a criminal offense, generally a third-degree felony.
On the civil side, Tex. Gov't Code §82.0651 lets a client void a contract procured through barratry and recover all fees paid to that person, actual damages, a $10,000 penalty, and attorney's fees. Someone solicited but never signed can also sue for the penalty.
Case runners are a persistent problem in Houston, particularly around emergency rooms and body shops. Knowing this law exists often ends the conversation.
What Should You Ask About the Value of Your Case?
Ask what the lawyer needs to know before answering, and be cautious with anyone who names a number in the first meeting.
Real evaluation depends on the medical picture over months, available policy limits, and whether fault is disputed. A firm quoting a figure before treatment ends is either guessing or selling.
Which Deadlines Should Come Up in the First Meeting?
A capable attorney raises these without prompting. Texas gives most injury claimants two years from the date of injury under §16.003.
Shorter clocks hide inside common situations. Claims involving a city, county, or transit authority require notice within six months or less under §101.101, and city charters may shorten it further.
If nobody mentions deadlines in your first conversation, that itself is information.
What to Bring to a First Meeting
Many people find it helpful to arrive with:
- The crash or incident report number
- Photographs from the scene and of injuries as they progressed
- All insurance correspondence, including any offer already made
- The declarations page of your own auto policy, which shows uninsured and underinsured coverage
- A list of every provider seen so far, including urgent care
- A short timeline of missed work
Hiring an Injury Attorney in Houston: Common Questions
The other driver's insurer says I was 30% at fault. Do I have to accept that?
No. That figure is a claims position, and nothing requires you to agree with it. Ask for the reasoning in writing, then compare it against the physical evidence and the crash report. Early percentages often shift once vehicle data, scene photographs, or witness statements surface.
My teenager was driving my car and caused the crash. Where does that leave us?
That involves your policy, the passengers' claims, and sometimes claims against you as the owner. Family members can still have claims against a driver on the same policy in many circumstances, so the coverage structure needs a careful read before anyone concludes nothing is available.
The other driver had no insurance. Does my percentage still matter?
Yes. Uninsured and underinsured motorist coverage steps into the shoes of the other driver, which means your own carrier can raise the same fault arguments the other insurer would have. People are often surprised that their own company disputes percentages.
Can I be assigned fault for a crash where I was rear-ended?
Occasionally. Insurers raise arguments about sudden stops, non-functioning brake lights, or stopping in a travel lane. Rear-end collisions still favor the person struck in most cases, though favoring is not the same as a zero percentage.
Does Texas have no-fault insurance?
No. Texas is an at-fault state, and the driver responsible for a crash is responsible for the resulting harm. Personal injury protection is included by default in Texas policies and pays some early medical costs regardless of fault, which is different from a no-fault system.
What if the driver who hit me was working at the time?
The employer may share responsibility, which changes both the available coverage and the percentage analysis. Commercial policies are typically far larger than 30/60/25, and company records on hours, dispatch, and vehicle maintenance become relevant.
The Number Is Negotiable. The Deadline Is Not.
Fault percentages get adjusted all the time. Photographs get deleted, vehicles get crushed, and camera footage overwrites itself while a claim sits open. The evidence that lowers a percentage has a shorter shelf life than the argument it defeats.
Terry Bryant Accident & Injury Law has handled Houston crash claims since 1985. Mr. Bryant is Board Certified in personal injury law by the Texas Board of Legal Specialization, and as a former judge he has watched juries divide responsibility firsthand.
If an insurer has already put a percentage on you, that is the moment worth a call. Consultations are free and cases are handled on a contingency fee basis. Reach the firm at (713) 973-8888.
Related reading: Houston Car Accident Lawyer · How Share of Liability Impacts Your Car Accident Case