What Texas personal injury attorneys do in disability cases

A personal injury attorney in Texas handles cases where you were harmed by someone else's negligence or wrongdoing—a car crash, workplace accident, medical error, or defective product—and that injury left you unable to work long-term. Their job is to pursue a claim against the person or company responsible, not to help you file for Social Security Disability Insurance (SSDI) or other government programs.

The distinction matters. If you were injured in a way that was someone else's fault, a personal injury attorney negotiates a settlement or takes the case to trial to recover money for your medical bills, lost wages, and pain and suffering. That money is separate from SSDI, workers' compensation, or disability insurance through your employer. Some people pursue both routes at the same time—filing for SSDI while their attorney works on the personal injury claim.

In Texas, personal injury attorneys typically work on contingency, meaning they take a percentage of what you recover (usually 25 to 40 percent) and you pay nothing upfront. If you lose, you owe them nothing. This structure makes it possible to hire an attorney even if you have no income.

Key Takeaways

  • Personal injury attorneys in Texas pursue claims against the party responsible for your injury, separate from government disability programs.
  • Most work on contingency—you pay a percentage of the settlement or judgment only if you win, with no upfront cost.
  • The State Bar of Texas Lawyer Referral Service and local bar associations can connect you to attorneys who handle disability-related injury cases.
  • When you call, ask whether the attorney has handled cases similar to yours and what percentage of their practice involves long-term disability outcomes.
  • If you cannot afford an attorney, legal aid organizations in your county may represent you at no cost if your income is low enough.

How to find personal injury attorneys licensed in Texas

Start with the State Bar of Texas Lawyer Referral Service, which maintains a searchable directory of licensed attorneys by practice area and location. You can search online at texasbar.com or call 1-800-252-9690. The service does not vet attorneys beyond confirming they are licensed and in good standing; it straightforward connects you to someone who practices in your area and handles personal injury cases.

Your local bar association—organized by county or region—often runs its own referral service and may have more detailed information about individual attorneys' experience. If you live in Harris County (Houston), Dallas County, Tarrant County (Fort Worth), or Bexar County (San Antonio), those bar associations maintain robust referral systems and can sometimes tell you whether an attorney has handled cases involving long-term disability outcomes.

Online directories like Avvo, Justia, and Google Local show attorney profiles, client reviews, and practice areas. These are useful for reading what past clients say, but remember that reviews are voluntary and may not reflect the full picture. A low number of reviews does not mean an attorney is inexperienced; it may mean they work quietly and do not solicit testimonials.

What to ask when you call an attorney

Have a short list ready before you dial. Ask: (1) Do you handle personal injury cases involving long-term disability? (2) Have you handled cases similar to mine—for example, car accidents, workplace injuries, or medical malpractice? (3) What percentage of your practice involves cases where the injury resulted in permanent or long-term inability to work? (4) How do you charge, and what percentage do you take if we settle or win?

Listen for specifics. An attorney who says "yes, we handle those" without describing a similar case may not have much experience. One who describes a case with facts close to yours—same type of injury, similar timeline, comparable damages—is more likely to know the landscape. If they mention they have worked with vocational experts or life-care planners to calculate long-term lost earnings, that is a sign they understand how to value disability claims.

Ask also whether they have experience with cases where the client filed for SSDI at the same time. Some attorneys coordinate with the Social Security process; others do not. If you are already receiving SSDI or plan to file, an attorney who understands how a personal injury settlement affects your benefits is valuable, because a large lump-sum payment can trigger overpayment issues or affect your Medicare may be able to access.

Understanding contingency fees and cost

In Texas, personal injury attorneys almost always work on contingency for individual clients. The attorney advances costs—filing fees, informed witness fees, medical records requests—and recovers them from the settlement or judgment. If you lose, you typically owe nothing, though some attorneys require you to repay costs even in a loss; ask this explicitly.

The percentage varies. Most charge 25 to 33 percent for cases settled before trial and 33 to 40 percent if the case goes to trial, because trial requires more work. Some charge a flat percentage regardless. Make sure you understand what is included: Does the percentage come out of the gross settlement, or only the amount after costs are deducted? The difference can be thousands of dollars.

If an attorney's contingency fee seems unusually high or low, ask why. A very low fee may signal they do not have much experience; a very high one may mean they are confident in the case or have high overhead. Neither is automatically a red flag, but it is worth understanding the reasoning.

When to consider legal aid instead

If your income is below a certain threshold—usually 125 to 200 percent of the federal poverty line, depending on the organization—a legal aid society in your county may represent you at no cost. Legal aid organizations in Texas include Texas RioGrande Legal Aid, Community Legal Services, and State Bar of Texas Lawyer Referral Service's pro bono program.

Legal aid attorneys handle personal injury cases, though their caseload is often heavy and they may prioritize cases involving housing, family law, or consumer debt. Call your county legal aid office and describe your injury and financial situation. If they cannot take your case, they can usually refer you to a private attorney who might work with you on a reduced fee or payment plan.

Do not assume legal aid will turn you down. Many people do not explore because they think they earn too much, but the threshold is lower than you might expect. A single call costs nothing and can open a door.

Red flags and what to avoid

Avoid attorneys who may provide a specific outcome or settlement amount. No honest attorney can promise you will win or how much you will recover. If someone says "I may provide we will get you $500,000," walk away.

Be cautious of attorneys who pressure you to sign when ready or who seem more interested in signing you than in understanding your case. A good attorney will ask detailed questions about how the injury happened, what medical treatment you received, whether you have returned to work, and what your long-term prognosis is. If they spend five minutes with you and hand you a contract, that is a sign they are running a high-volume operation and may not give your case the attention it needs.

Do not work with an attorney who asks you to misrepresent facts or exaggerate your injuries. This is fraud and can destroy your case and expose you to criminal liability. If an attorney suggests this, report them to the State Bar of Texas at 1-800-252-9690.

How personal injury settlements interact with SSDI

If you receive a personal injury settlement and you are also receiving SSDI, the settlement itself does not reduce your monthly SSDI check. However, if the settlement is large, it can affect your Supplemental Security Income (SSI)—a different program for people with very low income—because SSI counts assets. A settlement that pushes your total assets above $2,000 (for an individual) can stop your SSI payments.

Additionally, if your settlement includes an award for past lost wages, Social Security may view part of that as income in the year you receive it, which could affect your taxes or trigger a review of your SSDI status. An attorney experienced with disability cases will structure the settlement to minimize these complications, often by placing money in a Special Needs Trust if you are receiving SSI, or by clearly separating the portion awarded for pain and suffering from the portion for lost wages.

Before you settle, ask your attorney whether they have coordinated with Social Security or consulted with a benefits planner. If they have not, consider hiring a work incentives planning specialist (WIPS) through your state's Protection and Advocacy for Beneficiaries of Social Security (PABSS) program to review the settlement before you accept it.

Frequently Asked Questions

Can I hire a personal injury attorney if I am already receiving SSDI?

Yes. Receiving SSDI does not prevent you from pursuing a personal injury claim. In fact, many people do both. Tell your attorney that you are receiving SSDI so they can structure the settlement to avoid complications with your benefits. Some settlements are designed to reimburse Social Security for benefits you received while the case was pending, which is called a "Social Security offset."

What if the person who injured me does not have insurance or money?

Your attorney will investigate whether the defendant has insurance, assets, or both. If they have neither, winning a judgment does not may provide you will collect. This is called the "judgment-proof" problem. Ask your attorney upfront whether they think the defendant is collectible before you invest time and money in the case. Some attorneys will not take cases where collection is unlikely.

How long does a personal injury case usually take?

Cases that settle typically resolve in one to three years. Cases that go to trial can take three to five years or longer. During this time, you may be waiting for money while your medical bills and living expenses mount. Ask your attorney whether they can advance living expenses or connect you with litigation funding (a loan against your expected settlement) if you need cash before the case closes.

Do I need a personal injury attorney if I am already getting workers' compensation?

Workers' compensation and personal injury claims are separate. If you were injured at work, you typically receive workers' comp benefits (medical treatment and partial wage replacement) but cannot sue your employer. However, if a third party caused the injury—a defective machine, a contractor, a delivery driver—you may have a personal injury claim against them. An attorney can tell you whether a third-party claim exists in your situation.

What happens if my attorney and I disagree about settling?

In Texas, you have the final say on whether to accept a settlement offer. Your attorney must present all offers to you and explain the pros and cons, but you decide. If you and your attorney cannot agree on strategy, you can fire them and hire someone else. Make sure you understand the fee arrangement if you switch—your new attorney may negotiate a different percentage or may work with your former attorney to split the fee.