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Steve Kherkher - January 2, 2026
When a serious accident suddenly disrupts your life, it can leave you facing more than just physical pain. The medical expenses, lost income, and emotional toll can make it hard to know where to begin. That’s why learning how to file a personal injury lawsuit in Houston is often the first step toward reclaiming stability and holding negligent parties accountable.
At Kherkher Garcia LLP, we’ve guided countless Texans through the process of recovery and justice. We know that filing a personal injury lawsuit is more than a legal procedure; it’s a way to rebuild what was lost and secure your future. Our team stands beside you with compassion, strength, and the commitment to fight for every dollar you deserve. Contact us today to learn how we can help you move forward with confidence.
To understand how to file a personal injury lawsuit in Texas, you should contact an attorney as soon as possible. In the meantime, is it helpful to gather evidence, identify the correct court, and document your injuries and care.
Texas follows a fault-based system, which means the negligent person or company responsible for your injuries must compensate you for damages. Each case begins with a fundamental question: “Who caused the harm?” Once the fault is determined, your attorney presents evidence such as medical reports, accident photos, or witness testimony to build your claim. This evidence becomes the backbone of your case and the foundation for a fair financial recovery.
Working with an experienced Houston personal injury lawyer ensures every step is handled correctly, from determining liability to negotiating your recovery.
Knowing how to file a personal injury lawsuit also means understanding the deadlines in Texas. Under Texas Civil Practice & Remedies Code Sec. 16.003, you generally have two years from the date of your injury, or from the date of death in wrongful death cases, to file your lawsuit. After that window closes, the court can bar your claim entirely.
Delays can cause major setbacks; for example, security footage may be deleted within weeks, witnesses may relocate, and physical evidence could disappear. That’s why taking swift action allows your legal team to secure crucial proof before it disappears. At the end of the day, moving quickly can make the difference between recovering full compensation and walking away empty-handed.
Evidence is the foundation of your lawsuit. This includes any item or information that makes a fact more or less probable. In a personal injury case, that means anything proving the other party’s negligence and the extent of your damages. At Kherkher Garcia, our firm acts immediately to secure essential proof, such as:
Establishing liability often requires showing duty, breach, causation, and damages. Whether the case involves a reckless driver, an unsafe construction site, or a negligent property owner, we build a compelling case designed to secure justice and fair compensation.
Schedule a free consultation with Kherkher Garcia and get trusted legal guidance after a serious injury
Once the evidence supports your claim, your attorney files a formal complaint in the appropriate Texas court. In Houston, that is often the Harris County District Court for larger cases or the County Courts at Law for those with smaller monetary disputes. The complaint outlines what happened, identifies the damages sought, and details the legal grounds for recovery.
After filing, the defendant must be formally served with the lawsuit, typically through a constable or private process server. The defendant generally has 21 days to respond. Because errors in service or filing can jeopardize a case, having a knowledgeable Houston personal injury attorney ensures the process runs smoothly from the start.
In simple words, to file a personal injury lawsuit in Houston, you need to gather evidence, file the complaint in the proper court, and serve the defendant promptly, exactly as outlined by Texas law. Partnering with an experienced lawyer helps you avoid procedural pitfalls and focus on recovery.
During discovery, the parties exchange evidence, depose witnesses, and answer written questions to uncover important facts. This phase often determines whether a case will settle or proceed to trial.
Settlement talks can happen anytime, but the best results come when your lawyer presents strong evidence and shows trial readiness. Our attorneys use documentation, expert testimony, and economic analyses to negotiate aggressively with insurers.
In addition, insurers rarely pay fair amounts without pressure. Our firm’s readiness to present a case to a jury often compels defendants to settle for what clients truly deserve. This balance of preparation and persistence helps clients recover from the financial burden of medical expenses, emotional pain, and its long-term effects.
Texas uses a modified comparative negligence system, meaning you can still recover compensation as long as you’re less than 51% at fault for the accident. However, your recovery decreases based on your share of responsibility.
For instance, if a jury awards $100,000 but finds you 20% at fault, you would receive $80,000. This rule applies across different situations, such as car accidents, oilfield injuries, or workplace incidents, where defendants may argue that you contributed to your own harm.
Understanding how to file a personal injury lawsuit under this rule helps protect your rights, since your attorney will counter unfair blame and present evidence proving the other party’s negligence. Our team anticipates these tactics and fights to make sure your recovery reflects the true extent of your losses.
Our firm’s record of success demonstrates our ability to secure results in high-stakes injury cases. At Kherkher Garcia LLP, we’ve achieved these amounts in injury cases:
Each case represents the firm’s commitment to accountability, safety, and justice for injured clients. These victories prove that when corporations or negligent parties cause harm, our team stands ready to fight for full and fair compensation.
Filing a lawsuit may feel overwhelming, but with the right team, the process becomes empowering. Our Houston attorneys understand how to file a personal injury lawsuit effectively, protect your rights, and pursue the full compensation you deserve.
At Kherkher Garcia LLP, we don’t just handle cases, we fight for people. From the first consultation to the courtroom and beyond, we stand beside you, explain every step, and confront powerful corporations head-on. Our Houston, Galveston, and Dallas personal injury lawyers at Kherkher Garcia are here to help. Call us today at 713-333-1030 to schedule your free consultation and start your path toward justice and recovery.
Steve Kherkher is passionate about serving his clients. He has dedicated his life to championing the rights of those who have experienced catastrophic injury due to negligence. Steve Kherkher, along with Trial Lawyer Jesus Garcia, founded Kherkher Garcia, and under their leadership, the firm achieved unprecedented success within its first three years. With a career spanning over 35 years, Steve’s tireless pursuit of justice for his clients has earned him national recognition and numerous accolades as an exemplary trial attorney.
Steve Kherkher
FOUNDING PARTNER AND 35+ YEAR TRIAL LAWYER
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorneys Steve Kherkher and Jesus Garcia Jr., who have more than 50 years of combined legal experience championing the rights of those who have experienced catastrophic injury due to negligence.
Connect with a Kherkher Garcia trial lawyer today to pursue maximum compensation for your injury.
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