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Practice Area — Personal Injury

Houston Personal Injury Lawyer

If you were hurt because someone else was careless, you should not be the one paying for it. Sam R. Cammack III represents injured Texans and their families on a contingency fee — you owe nothing unless we recover for you.

Texas gives you two years to file — and as little as 90 days if a city vehicle was involved. See our case results or meet Sam Cammack III.

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Years in Texas Courts
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Short answer: what should I know about a Texas injury claim?

You generally have two years from the date of the injury to file suit under Texas Civil Practice & Remedies Code § 16.003 — and much less if a government entity is involved, since a claim against the City of Houston requires written notice within 90 days. Texas follows a modified comparative fault rule: you can still recover if you were partly at fault, but your damages are reduced by your percentage of responsibility, and you recover nothing if you are more than 50% responsible. In an ordinary negligence case there is no cap on economic or non-economic damages — caps apply mainly to medical malpractice, punitive damages, and claims against governmental units. And you pay a personal injury lawyer nothing up front: the fee is a percentage of what is recovered, and there is no fee if there is no recovery.

Who we are: Sam R. Cammack III is a Houston trial lawyer with 20+ years in Texas courtrooms who has taken first-degree felony cases to verdict and won. See the trial record →

Insurance companies settle differently with lawyers who try cases

Adjusters are not guessing when they make an offer. They price a claim on what it would realistically cost the carrier if it went in front of a jury — and a significant input in that calculation is the lawyer whose name is on the letter. A firm that has never picked a jury is a firm the carrier knows will eventually take whatever is offered, and offers are made accordingly.

That is the specific value Sam R. Cammack III brings to an injury case. He has spent over two decades in Texas courtrooms, including trying a first-degree felony to a jury and winning an outright acquittal — the kind of case where the stakes make settlement impossible and the only option is to try it. The skills that decide a hard trial are the same ones that decide a contested injury claim: reconstructing what actually happened, cross-examining a paid expert, and making twelve strangers understand a human being's losses.

He is licensed in good standing with the State Bar of Texas (Bar No. 24014415) and is a member of the Texas Criminal Defense Lawyers Association and the Association of Trial Lawyers of America. Learn more about the firm and team.

Have you been contacted by an adjuster? Do not give a recorded statement and do not sign a medical authorization before you talk to a lawyer. Call 713-224-4444 — the consultation is free, and you owe nothing unless we recover for you.

Scope of Representation

Injury cases we handle

Serious injuries and wrongful death claims across Greater Houston.

Motor Vehicle

Car & Motorcycle Accidents

Rear-end and intersection collisions, drunk driving crashes, hit-and-run, and uninsured or underinsured motorist claims against your own carrier.

Commercial

18-Wheeler & Truck Accidents

Commercial carriers are governed by federal safety regulations, and the evidence that proves these cases — driver logs, ECM data, dashcam footage, maintenance records — can be lawfully destroyed on a schedule. A preservation letter has to go out immediately.

Premises

Slip, Trip & Fall

Injuries on business or residential property where the owner knew or should have known of a dangerous condition. Incident reports and surveillance video are frequently overwritten within days.

Wrongful Death

Wrongful Death & Survival Claims

Two separate claims arise when someone is killed by negligence: a wrongful death claim for the family's own losses, and a survival claim on behalf of the estate for what the person suffered before death.

Workplace

Industrial & Workplace Injuries

Refinery, plant, construction, and maritime injuries in a region built on heavy industry — including third-party claims that exist alongside workers' compensation.

Dram Shop

Drunk Driving Victims & Dram Shop

Claims against the drunk driver and, where the law allows, against the bar or establishment that over-served an obviously intoxicated person.

Premises

Dog Bites & Animal Attacks

Claims against owners and, in some circumstances, landlords — particularly where a dangerous animal was known and nothing was done.

Products

Defective Products

Design defects, manufacturing defects, and failure to warn — claims that run against manufacturers and distributors rather than the person who handed you the product.

Government

Claims Against Government Entities

Injuries involving city buses, METRO, municipal vehicles, and public property. These carry dramatically shorter notice deadlines and statutory damage caps.

Do Not Miss This

Texas injury filing deadlines

A missed deadline ends a claim permanently, no matter how strong it is. These are the ones that catch people out.

Type of Claim Deadline Runs From
Most personal injury claims — car accidents, premises, product liability 2 years Date of the injury
Wrongful death 2 years Date of death
Survival claim — brought by the estate 2 years Generally the date of injury
Claim against the City of Houston — notice requirement 90 days Date of the incident
Claim against a Texas governmental unit — statutory notice 6 months Date of the incident
Medical malpractice — pre-suit notice before filing 60 days' notice Before suit is filed
Injured minors Tolled Generally until the child turns 18, then two years

The government deadlines are the dangerous ones. If a city vehicle, a METRO bus, a school district, or any public entity was involved, written notice must be given long before the two-year statute expires — and some Texas cities set that window even shorter than Houston's 90 days by charter. Municipal deadlines and their exceptions are technical; if any government entity may be involved, treat the clock as running today. Deadlines above reflect CPRC § 16.003, the Texas Tort Claims Act § 101.101, and Chapter 74 for health care claims. Exceptions and tolling rules exist; this is general information, not legal advice about your case.

Recovery

What you can recover in a Texas injury claim

Texas law divides compensation into three categories, and only some of them are subject to caps.

No cap in ordinary negligence

Economic damages

Past and future medical expenses, lost wages, lost earning capacity, rehabilitation and in-home care, property damage, and out-of-pocket costs. These are proved with records, bills, and expert testimony on future needs.

No cap in ordinary negligence

Non-economic damages

Physical pain, mental anguish, physical impairment, disfigurement, and loss of consortium. Real losses that no receipt captures — and the category insurers work hardest to minimize.

Capped

Exemplary (punitive) damages

Available only on clear and convincing evidence of fraud, malice, or gross negligence. Capped at the greater of $200,000, or twice economic damages plus non-economic damages up to $750,000.

Where caps do apply

Type of Claim What Is Capped Limit
Ordinary negligence — car wrecks, trucking, premises Economic and non-economic damages No cap
Medical malpractice — physicians and individual providers Non-economic damages only $250,000 per claimant
Medical malpractice — health care institutions Non-economic damages only $250,000 each, $500,000 total
Medical malpractice — combined maximum Non-economic damages only $750,000 aggregate
Exemplary damages — any case Punitive award Greater of $200,000 or 2× economic + non-economic up to $750,000
Claims against the State of Texas or a municipality All damages $250,000 per person / $500,000 per occurrence
Claims against other local government units All damages $100,000 per person / $300,000 per occurrence

Medical malpractice caps derive from CPRC § 74.301 and have been unchanged since 2003. Exemplary damages caps are set by CPRC § 41.008, and governmental caps by CPRC § 101.023. Note that medical malpractice caps do not limit economic damages — medical bills and lost earning capacity remain fully recoverable.

A 2025 note: the law did not change

Senate Bill 30 — a major tort reform package backed by insurance and business interests — would have restricted how medical expenses are proved and how non-economic damages are argued to a jury. It died in the Texas Legislature in June 2025 without passing. The existing framework described on this page therefore remains in force: juries continue to decide compensation, and the rules for proving medical damages are unchanged.

The 51% Rule

Being partly at fault does not end your claim

One of the most damaging myths in Texas injury law is that any fault on your part means you get nothing. That is not what the statute says.

Texas applies modified comparative fault under CPRC § 33.001. A jury assigns each party a percentage of responsibility. Your recovery is reduced by your share — but you are barred only if your percentage is greater than 50 percent.

20% at fault

A $200,000 verdict becomes $160,000. You recover, reduced by your share.

50% at fault

A $200,000 verdict becomes $100,000. Exactly 50% still recovers — the bar is more than 50%.

51% at fault

You recover nothing. Which is precisely why insurers fight so hard to push your percentage across that line.

The consequence is strategic: the percentage assigned to you is worth real money, and it is shaped by evidence gathered in the first weeks — scene photographs, witness statements, vehicle data, and surveillance footage before it is overwritten. It is also why adjusters ask leading questions in recorded statements. They are building the fault percentage that will be used to reduce or defeat your claim.

Know the Playbook

How insurance companies reduce what they pay you

The adjuster who calls the day after your wreck is friendly, efficient, and working for the other side. None of what follows is illegal — it is simply the job.

The recorded statement

Requested early, while you are medicated and before the full extent of your injuries is known. "I'm okay" or "I didn't see him" said in week one is read back to a jury two years later.

The fast, low offer

An offer arrives before you have finished treatment — when you are frightened about bills and most likely to accept. Signing a release ends the claim permanently, even if surgery becomes necessary later.

The blanket medical authorization

A broad release gives the carrier your entire medical history so it can attribute your injuries to something that happened years ago. Reasonable, limited records are all they are entitled to.

Gaps in treatment

Any delay between the crash and your care — or between appointments — is argued as proof you were not really hurt. Following your doctor's plan consistently is part of protecting the claim.

Social media surveillance

Your public posts are reviewed. One photograph of you smiling at a family event becomes the centerpiece of an argument that your pain is exaggerated.

Fault-shifting

Every question is aimed at your percentage of responsibility, because 51% ends the claim entirely. Ambiguous answers become admissions.

You are not required to give a recorded statement to the other driver's insurer. Before you talk to anyone, call 713-224-4444. The consultation is free, and we work on contingency — you owe nothing unless we recover for you.

First Steps

What to do after an accident in Houston

  1. Get medical attention immediately Not only for your health — the medical record created in the first 48 hours is the single most important document in your case. Adrenaline masks injuries, and a delay becomes the carrier's argument.
  2. Report it and get the documentation A police report for a collision, a written incident report for a fall. Get the report number before you leave, and ask how to obtain the full report.
  3. Photograph everything Vehicle positions and damage, the hazard that caused the fall, skid marks, weather and lighting, and your visible injuries — then again as they develop over the following days.
  4. Identify witnesses Names and phone numbers, taken at the scene. Independent witnesses disappear quickly, and their accounts often decide the fault percentage.
  5. Preserve the evidence that expires Store and business surveillance is commonly overwritten within days or weeks; commercial truck data and driver logs are subject to retention schedules. A formal preservation letter has to go out fast.
  6. Call a lawyer before the adjuster calls again Everything above gets easier — and considerably more effective — when someone else is handling it.

Do not do these things

  • Do not give a recorded statement to the other side's insurer. You are not obligated to.
  • Do not sign anything — especially a release or a blanket medical authorization — without review.
  • Do not accept a quick settlement before you know the full extent of your injuries. It cannot be undone.
  • Do not post about the accident or your activities on social media.
  • Do not skip medical appointments or stop treatment early.
  • Do not wait. Evidence disappears, and the deadline can be as short as 90 days.
713-224-4444
Trial Record

A lawyer who has actually tried cases to verdict

The leverage in an injury negotiation comes from what the carrier believes will happen if the case is tried.

Not Guilty — All Charges

State of Texas v. David Barajas

Brazoria County, August 28, 2014. A father was charged with murder after a drunk driver killed his two sons — a first-degree felony carrying up to life in prison, and a case followed nationally. Sam Cammack III tried it to verdict, establishing that no weapon was ever recovered, that there were no eyewitnesses, and that gunshot-residue testing on his client came back negative. The jury returned in roughly three hours.

The case was, at its origin, a drunk driving tragedy — the kind of catastrophic loss that also gives rise to wrongful death claims. Trying it required exactly what a contested injury case requires: rebuilding an incident from physical evidence, dismantling the other side's forensic theory, and holding a jury's attention when everything is on the line.

Not Guilty — All Charges

Covered by NBC News, CBS News, and ABC13 Houston. See all case results →

Two decades in Texas courtrooms

Public Texas court records identify 371 matters associated with Sam R. Cammack III (Bar No. 24014415) across Harris, Montgomery, Fort Bend, and Galveston counties, and he has practiced for 24 years since admission. That is a lawyer who is in courthouses constantly and known to the people on the other side of the table.

How our fee works

Personal injury cases are handled on a contingency fee: no retainer, no hourly billing, and no fee at all unless we recover money for you. Our fee is an agreed percentage of the recovery, set out in writing before we start, so you know exactly how it works from day one.

Note on results: The verdict described above is a criminal trial result and is offered as evidence of trial experience, not as a prediction about any civil claim. Every case is decided on its own facts and law, and prior results do not guarantee or predict a similar outcome in any future matter.

Where We Practice

Injury representation across Greater Houston

Where a case is filed affects jury composition, court scheduling, and what a carrier expects to pay — which makes venue a real strategic decision.

Harris County

Houston, Pasadena, Baytown, Katy, Humble, Cypress, Tomball, Spring Branch, Bellaire, Deer Park, La Porte

Civil District Courts and County Civil Courts at Law. Note the City of Houston's 90-day notice requirement for claims involving municipal vehicles or property.

Montgomery County

Conroe, The Woodlands, Spring, Magnolia, Willis, Montgomery, New Caney, Porter

Montgomery County Courthouse, Conroe — District Courts and County Courts at Law, with I-45 and SH-242 among the corridors that generate serious collisions.

Fort Bend County

Richmond, Sugar Land, Katy, Rosenberg, Missouri City, Stafford, Fulshear, Needville

Fort Bend County Justice Center, Richmond — District Courts and County Courts at Law.

Galveston County

Galveston, League City, Texas City, Friendswood, Dickinson, La Marque, Santa Fe

Galveston County Justice Center — District Courts and County Courts at Law, including refinery, port, and maritime injury claims.

Brazoria County

Angleton, Pearland, Lake Jackson, Alvin, Freeport, Clute, Manvel

Brazoria County Courthouse, Angleton — District Courts and County Courts at Law, and the venue of the firm's State v. Barajas acquittal.

Federal Court

United States District Court, Southern District of Texas — Houston Division

Diversity cases against out-of-state trucking companies and manufacturers, and maritime claims. See federal cases.

Not sure where your claim should be filed, or who the responsible parties are? Send us what you have and we will tell you.

Questions We Hear Daily

Personal injury FAQ

How long do I have to file a personal injury claim in Texas?

Two years from the date of the injury for most claims, and two years from the date of death for wrongful death. But if a government entity is involved, the practical deadline is far shorter: a claim against the City of Houston requires written notice within 90 days, and Texas law sets a six-month statutory notice period for governmental units generally. Certain circumstances toll or shorten these periods — for example, claims by injured minors are generally tolled until the child turns 18. Because a missed deadline ends a claim permanently, treat the clock as running from the day of the incident.

What does a personal injury lawyer cost?

Nothing up front. Personal injury cases are handled on a contingency fee — the fee is an agreed percentage of what is recovered, and if there is no recovery, there is no fee. The percentage and the treatment of case expenses are set out in a written agreement before any work begins. You should never be asked for a retainer or an hourly rate in an injury case, and the initial consultation is free.

Can I still recover if the accident was partly my fault?

Yes — as long as you were not more than 50% responsible. Texas uses modified comparative fault under CPRC § 33.001. A jury assigns each party a percentage, and your recovery is reduced by your share: if you are 20% at fault on a $200,000 verdict, you recover $160,000. At exactly 50% you still recover half. At 51% you recover nothing — which is exactly why insurance adjusters ask the questions they ask in recorded statements.

Should I give the other driver's insurance company a recorded statement?

No, and you are not required to. The adjuster works for the company that will pay your claim, and the statement is taken early — while you are medicated, before the full extent of your injuries is known, and before you have any advice. Answers given in week one are read back years later to argue your injuries are minor or that the crash was partly your doing. You do have obligations to cooperate with your own insurer under your policy; those are different, and a lawyer can handle both.

Is there a cap on how much I can recover in Texas?

In an ordinary negligence case — a car wreck, a truck collision, a fall — there is no cap on economic or non-economic damages. Caps apply in three situations: medical malpractice, where non-economic damages are limited to $250,000 per claimant against physicians and up to $750,000 in aggregate (economic damages such as medical bills and lost earnings are not capped); exemplary damages, capped at the greater of $200,000 or twice economic damages plus non-economic damages up to $750,000; and claims against government entities, capped by the Texas Tort Claims Act.

What is the difference between a wrongful death claim and a survival claim?

They are two separate claims that often proceed together. A wrongful death claim belongs to the surviving spouse, children, and parents, and compensates their losses — lost financial support, lost companionship, and mental anguish. A survival claim belongs to the deceased person's estate and recovers what they suffered before death: their medical expenses, their pain, and their lost earnings. If eligible family members do not file within three months of the death, the estate's personal representative generally must bring the claim unless all the family members object.

How long will my case take?

It depends chiefly on your medical treatment. A claim should not be settled until you have reached maximum medical improvement, because once you sign a release it cannot be reopened — even if you later need surgery. Straightforward claims with clear liability and completed treatment can resolve in a few months. Serious injuries, disputed fault, commercial trucking cases, and claims requiring suit take considerably longer. A lawyer who rushes you to settle before treatment is finished is not serving your interests.

What if the at-fault driver had no insurance?

You may still have a claim through your own uninsured/underinsured motorist (UM/UIM) coverage, which is offered on Texas policies and which many drivers carry without realizing it. UM/UIM claims are made against your own carrier, and they are handled by the same adjusters, under the same incentives, as any other claim — so the fact that it is "your" insurance company does not mean the process is friendly. Bring your declarations page to the consultation and we will tell you what coverage exists.

Free Case Evaluation — No Fee Unless We Win

Find out what your claim is actually worth

The insurance company already has its number. Before you accept it, find out what your case is worth to someone who is willing to try it. Sam R. Cammack III has spent two decades in Texas courtrooms. Tell him what happened — the call is free, confidential, answered around the clock, and you owe nothing unless we recover for you.

Sam R. Cammack III · 1001 West Loop South, Suite 700, Houston, TX 77027 · Available 24/7 · View case results

The information on this page is provided for general educational purposes and is not legal advice. Reading it does not create an attorney-client relationship. Texas law changes, and every claim turns on its own facts, insurance coverage, and procedural posture. Filing deadlines, notice requirements, damage caps, and tolling rules described here are summaries subject to exceptions — do not rely on them in place of advice about your specific situation. Prior results, including the trial verdict described on this page, do not guarantee or predict the outcome of any future matter, and a criminal trial result is not a prediction about any civil claim. Contingency fee percentages and the treatment of case expenses are set out in a written agreement; a client may be responsible for case expenses. If you have been injured, speak with a licensed Texas attorney promptly — deadlines in injury cases can be as short as 90 days.