Commercial defendants typically carry much larger insurance policies than private drivers, which often means more compensation available for serious burn injuries. We investigate the employment relationship, the driver’s status at the time of the crash, and the policies in play. See our pages on 18-wheeler truck accidents, Uber/Lyft accidents, and delivery driver accidents for more.

Texas treats them as separate categories of damages. Pain and suffering compensates for the physical pain and mental anguish you experienced — both past and projected future. Disfigurement compensates for the visible permanent change in appearance from scarring or tissue loss. Burn cases often produce substantial awards in both categories, and an experienced attorney documents each separately.

Yes. Airbag deployment produces a combination of friction abrasion and chemical burns from the propellant, and the resulting injuries can range from mild irritation to second- and third-degree burns requiring grafting. Airbag burn claims are recoverable, and in cases where a defective airbag (particularly recalled Takata-style inflators) caused unusual injury, an additional product liability claim may apply.

Yes — and in many serious burn cases, the manufacturer is the primary defendant. Defective fuel tank designs, battery placement, ignition switches, and lithium-ion battery thermal runaway have all produced documented vehicle fire patterns. When a defect contributed to the fire, a product liability claim runs alongside the negligence claim against the at-fault driver. We investigate this on every burn case.

Seatbelts dramatically reduce fatality risk but produce a recognized pattern of internal injuries known as “seatbelt syndrome” — bowel tears, mesenteric injuries, and bladder ruptures from lap belt compression. Wearing a seatbelt does not weaken your claim; the at-fault driver is still responsible for the injuries their negligence caused. Insurance carriers occasionally argue otherwise, but Texas law is clear that proper seatbelt use does not bar recovery.

Yes. Permanent organ loss carries lifelong consequences — increased infection risk after splenectomy, reduced renal reserve after a kidney loss, lifelong vaccinations, and the need for ongoing monitoring. These future medical needs are recoverable as part of your claim, and a properly built life-care plan documents the cost over your projected lifespan.

It happens — particularly with pancreatic injuries, small bowel tears, and delayed splenic ruptures. A missed diagnosis does not affect your right to recover from the at-fault driver. The relevant question is whether the crash caused the injury, not whether it was caught on the first scan. We work with independent radiologists to review original imaging when needed.

Symptoms can be immediate or take hours to days to develop. A slow splenic bleed or progressive liver hematoma may not produce significant symptoms until enough blood has accumulated to cause weakness, dizziness, or shock. If you start feeling worse in the hours or days after a crash, go to the emergency room immediately and tell them about the accident.

It depends on the structure injured and the severity. Many partial ligament tears, low-grade sprains, and meniscus injuries respond to physical therapy and time. Complete ACL tears, rotator cuff full-thickness tears, displaced fractures, and unstable joints almost always require surgery. The decision is made by your orthopedic surgeon — and the projected cost of any future surgery is recoverable as part of your claim even if it hasn’t happened yet.

As soon as possible. Insurance companies use delayed treatment as evidence that your injury wasn’t serious or wasn’t caused by the crash. Joints often feel “tweaked” rather than injured at the scene because adrenaline masks the pain, but you should be evaluated within the first few days. Tell the doctor about every joint that hurts, no matter how minor it feels — that record becomes the foundation of your claim.

Texas follows the eggshell plaintiff rule — the at-fault driver is responsible for the full extent of harm they caused, including the aggravation of a pre-existing condition. If the crash made an existing joint problem worse, accelerated arthritis, or pushed you into surgery sooner than you would have needed it, those damages are recoverable. Adjusters will fight this hard, which is why a treating physician’s opinion on aggravation is critical.

Yes. X-rays show bone, not the soft tissue inside a joint — ligaments, cartilage, labrum, tendons, and menisci. A “normal” X-ray after a crash means nothing is broken; it does not mean nothing is torn. MRI is the diagnostic tool for joint injuries, and a torn ACL or rotator cuff is fully recoverable in a Texas personal injury claim.

Nothing upfront. We handle every internal injury case on a contingency-fee basis. You pay no consultation fees, no hourly bills, and no upfront costs. We advance all expenses for investigation, medical records, and experts. Our attorney fee comes only from the settlement or verdict we obtain for you. If we do not win, you owe us nothing.

Yes, in nearly every case. Internal injury claims are the type insurance carriers attack hardest. Hidden injuries, delayed symptoms, high medical costs, and the long timeline for recovery create exactly the conditions adjusters exploit. An experienced attorney levels the playing field, prevents the early-settlement trap, and significantly increases case value in serious internal injury claims.

Most internal injury cases settle within 6 to 18 months, though complex catastrophic cases can take 2 to 3 years. We do not settle until you reach maximum medical improvement — the point where your doctors can accurately project your future care needs. Settling too early leaves money on the table that you cannot get back. Litigation timelines depend on the at-fault carrier’s willingness to negotiate in good faith.

Your medical bills become part of the damages we recover from the at-fault driver’s insurance. Many Austin trauma centers accept letters of protection from law firms, allowing you to receive care now and pay from the eventual settlement. We help coordinate this arrangement so you can focus on healing instead of bills. Health insurance, MedPay coverage, and personal injury protection (PIP) may also cover initial costs.

No — never without speaking to an attorney first. Adjusters are trained to extract statements that minimize your injury and shift blame to you. Common tactics include asking about prior medical history, downplaying current symptoms, and pressuring you toward a quick settlement before the full extent of your injury is known. A free call with our office costs you nothing.

Yes. Texas allows recovery for mental anguish, pain and suffering, and loss of enjoyment of life as non-economic damages. Anxiety, depression, and PTSD are well-documented consequences of traumatic injury and emergency surgery. Documenting these conditions with mental health treatment records strengthens your case and increases its value.

We prove causation through contemporaneous medical records, imaging, expert physician testimony, and accident reconstruction. A trauma surgeon or emergency medicine expert connects the mechanism of injury (deceleration, blunt force, seatbelt compression) to the specific findings on your CT or operative report. Crash reconstruction establishes the forces involved. Together, these build a causal chain insurance carriers cannot credibly attack.

Always start with an emergency room or a medical doctor — never a chiropractor — for any suspected internal injury. Internal bleeding, organ damage, and abdominal trauma require imaging, lab work, and potentially emergency surgery. Chiropractic care has its place for musculoskeletal complaints, but it cannot diagnose or treat internal injuries and a delay in proper medical care can be fatal.

Texas law allows recovery for aggravation of pre-existing conditions under the eggshell plaintiff doctrine. Almost every adult has some prior medical history. The at-fault driver is responsible for the injuries you actually sustained, not the injuries a “hypothetical healthy person” would have sustained. Treating physicians and medical experts can distinguish old findings from new, crash-related damage.

Not always. Texas minimum auto liability coverage is just $30,000 per person — far below the cost of a typical internal injury case. When the at-fault driver is underinsured, we pursue additional sources of recovery: umbrella policies, uninsured/underinsured motorist (UM/UIM) coverage on your own policy, commercial policies if the driver was working, and third-party defendants where applicable.

You can still recover, as long as you were 50% or less at fault under Texas modified comparative negligence. Your compensation is reduced by your percentage of fault. At 30% fault, you recover 70% of damages. At 51% or more, you recover nothing. Insurance carriers routinely push fault onto injury victims to reduce payouts. See Texas Civil Practice and Remedies Code § 33.001 for the full rule.

There is no reliable “average” — internal injury settlements range from low five figures for minor contusions that fully heal to seven and eight figures for catastrophic organ damage with permanent impairment. Settlement value depends on medical costs, surgical complexity, lost income, permanent functional loss, and the available insurance limits. Any attorney promising a specific number before reviewing your records is guessing.

Yes. Delayed diagnosis is the rule, not the exception, in internal injury cases. Medical literature confirms that organ damage and internal bleeding often go undetected on initial assessment. As long as your treating physicians can link the injury to the crash, you have a viable claim. The insurance adjuster’s “you waited too long” argument does not survive proper medical documentation.

Two years from the date of the crash under Texas Civil Practice and Remedies Code § 16.003. Limited exceptions exist for minors and certain government claims, but they are narrow. Acting quickly matters more in internal injury cases because evidence preservation — imaging, witness statements, vehicle inspections — gets harder with every passing month. See the Texas statute for full text.

Internal injury symptoms can appear immediately or develop 24 to 72 hours — sometimes weeks — after a crash. Adrenaline masks pain at the scene, and slow internal bleeding can take days to produce noticeable symptoms. Always get evaluated within 72 hours of any serious Austin crash, even if you feel fine. The medical record you create at that visit becomes the foundation of your case.

Most cases resolve within 6 to 18 months, but severe scarring cases often take longer because we need to wait for the scar to mature before assigning a final value. Settling too early — before maximum medical improvement — almost always leaves significant money on the table. Once you sign a release, the claim is closed forever.

No. You are not required to give a recorded statement to the at-fault driver’s insurer, and doing so almost always hurts your claim. Adjusters are trained to extract phrases that minimize your injury. Direct them to your attorney instead. The Texas Department of Insurance recognizes your right to legal representation in claim handling.

You can still recover, as long as you were 50% or less at fault. Under Texas Civil Practice and Remedies Code § 33.001, your compensation is reduced by your share of fault. At 51% or more, you recover nothing. Carriers routinely push fault onto victims to cut payouts — pushing back requires evidence, not arguments.

Yes. Seatbelt and airbag injuries are still compensable when another driver caused the crash, because that driver’s negligence triggered the deployment. In some cases a defective restraint may also support a product liability claim against the manufacturer — significantly increasing available compensation beyond auto policy limits.

This is a standard defense and rarely accurate. Severe lacerations leave permanent scarring — they may fade slightly over years but never disappear. We counter this tactic with dermatologist opinions, time-lapse photography of your scar at staged intervals, and (when warranted) testimony from a plastic surgeon about realistic long-term outcomes.

Many severe lacerations require initial plastic-surgical closure plus later scar revision — sometimes years after the crash. Future cosmetic procedures are compensable damages in Texas. Your claim should include the projected lifetime cost of revision surgery, laser treatment, and dermabrasion, supported by a treating physician’s plan.

Yes. Texas law allows recovery for mental anguish, disfigurement, and loss of enjoyment of life as non-economic damages. Documented anxiety, depression, PTSD, and social withdrawal caused by visible scarring are fully compensable. Treatment records from a licensed mental health provider significantly strengthen this part of the claim.

Two years from the date of the crash, under Texas Civil Practice and Remedies Code § 16.003. Limited exceptions apply for minors and government-entity claims, but waiting is always risky. Evidence disappears, scars are photographed less reliably, and witness memories fade.

Scar settlement values in Texas range from a few thousand dollars for small, well-healed scars to seven figures for severe facial disfigurement, multi-stage reconstructive surgery, and permanent psychological harm. Visibility, location, age, occupation, and emotional impact all influence the number. Anyone quoting a specific value before reviewing your records is guessing.

A severe laceration is any deep wound that extends past the skin into muscle, tendon, nerve, or bone — or any cut that requires sutures, surgical repair, plastic reconstruction, or leaves visible scarring. Length, depth, location on the body, and infection risk all matter. Severity is documented through your ER report, surgical notes, and follow-up imaging.

Broken bone case values in Austin range from low five figures for simple, fully-healed fractures to seven figures for catastrophic multi-extremity injuries with permanent impairment. The key variables are surgical complexity, hardware costs, lost wages, future care needs, and whether the fracture caused permanent functional loss. Anyone promising a specific number before reviewing your medical records is guessing.

Two years from the date of the crash, under Texas Civil Practice and Remedies Code § 16.003. Limited exceptions exist for minors and certain government claims, but they are narrow. Acting early matters even more for fracture cases because evidence preservation — imaging, vehicle inspections, witness statements — gets harder with time.

Some fractures are invisible on initial X-rays. Scaphoid (wrist) fractures, rib fractures, sacral fractures, and hairline fractures of the spine commonly miss on first imaging and are only confirmed on follow-up X-ray, CT, MRI, or bone scan days or weeks later. Insurance adjusters use the “clean” first X-ray to argue you weren’t really hurt. We’ve seen this defense many times — it doesn’t survive a properly documented diagnostic workup.

Yes. Future hardware removal is a foreseeable, compensable medical cost. Many fracture patients have a second surgery 12 to 24 months after the original repair to remove plates, screws, or rods that cause pain, restrict motion, or irritate surrounding tissue. Your claim should include the projected cost of that future surgery — once you settle, the door closes.

Texas law rejects that defense under the eggshell plaintiff doctrine. The at-fault driver is responsible for the injuries you actually sustained, not the injuries a hypothetical “average healthy person” would have sustained. Osteoporosis, prior fractures, diabetes, and age-related bone fragility do not reduce the value of your claim — they often increase it because complications are more likely and recovery takes longer.

You can still recover, as long as you were 50% or less at fault. Under Texas Civil Practice and Remedies Code § 33.001, your compensation is reduced by your percentage of fault. At 30% fault, you recover 70% of damages. At 51% or more, you recover nothing. Insurance carriers routinely push fault onto fracture victims to reduce payouts — pushing back requires evidence, not arguments.

Yes. Many fractures heal but leave permanent functional loss. Limited range of motion, chronic pain, grip weakness, post-traumatic arthritis, and reduced load-bearing capacity all qualify as permanent impairment under Texas law. An orthopedic specialist can issue an impairment rating using the AMA Guides, and that rating translates directly into compensation for lost future earning capacity and permanent loss of bodily function.

Loss of earning capacity is a major component of any serious fracture claim. A roofer with a permanently weakened ankle, a surgeon with reduced grip strength, a long-haul driver with chronic back pain — these are real career changes with real lifetime financial consequences. We work with vocational experts and economists to calculate the present value of your reduced earning capacity over your working life.

No — not without speaking to an attorney first. Adjusters are trained to extract statements that minimize your injury and shift blame to you. Common tactics include asking about prior injuries, downplaying current symptoms, and pressuring you toward a quick settlement before the full extent of your fracture is known. A 10-minute call with us is free and costs you nothing.

Mild sprains and strains often heal in 4 to 6 weeks, but moderate-to-severe soft tissue injuries — especially whiplash — can take 6 months or longer. Some victims develop chronic pain that requires lifelong management.

Yes. Soft tissue injuries rarely appear on X-rays because X-rays primarily show bone. MRI, ultrasound, and clinical examination by a qualified physician are the proper diagnostic tools, and these findings are admissible evidence in your claim.

There is no reliable “average.” Settlements range from a few thousand dollars for minor sprains to six figures for severe whiplash with chronic symptoms, depending on medical costs, lost income, pain, and available insurance limits. Beware of any attorney who promises a specific number upfront.

Generally two years from the date of the crash under Texas Civil Practice and Remedies Code § 16.003. There are limited exceptions, but waiting is risky — evidence disappears and witness memories fade.

This is a common defense. Texas law allows you to recover for the aggravation of a pre-existing condition. Your attorney will use prior medical records and expert testimony to separate baseline conditions from new, crash-related damage.

Both can be appropriate, but you should always start with a medical evaluation by an MD or DO. Chiropractic care, physical therapy, and pain management can supplement medical treatment, but documentation by a licensed physician carries the most weight with insurers and juries.

No. You are not legally required to give a recorded statement to the at-fault driver’s insurer, and doing so often hurts your claim. Speak with a Kelley Wolff attorney before any conversation with an adjuster.

This is extremely common with soft tissue injuries. Adrenaline masks pain at the scene, and inflammation typically peaks 24 to 72 hours after impact. Delayed symptoms do not invalidate your claim — but you should see a doctor as soon as symptoms appear.

Yes, as long as you were 50% or less responsible under Texas’s modified comparative negligence rule. Your recovery is reduced by your percentage of fault.

Yes, as long as you were 50% or less at fault. Texas follows a modified comparative fault rule, so your compensation is reduced by your percentage of fault. If you’re 30% at fault, you recover 70% of damages. If you’re 51% or more at fault, you recover nothing. Insurance carriers routinely try to push fault onto amputation victims to reduce or eliminate payouts — having an attorney push back is critical.

This is common in catastrophic cases. Texas minimum auto insurance is just $30,000 per person — nowhere close to amputation-level damages. Your attorney will look for additional sources of recovery: the at-fault driver’s umbrella policy, your own uninsured/underinsured motorist (UM/UIM) coverage, the commercial policy if the driver was working, third-party defendants (an employer, a vehicle manufacturer, or a road-design entity), and personal assets in extreme cases.

Yes. Texas allows recovery for mental anguish, pain and suffering, and loss of enjoyment of life as non-economic damages. Depression, anxiety, grief, and PTSD are well-documented consequences of traumatic limb loss, and resources from the Amputee Coalition and the Administration for Community Living’s National Limb Loss Resource Center confirm these are real, treatable conditions — not “soft” claims. Documenting them with mental health treatment records strengthens your case.

Yes, but it can affect your recovery. Texas allows seatbelt non-use to be considered when calculating damages under the modified comparative fault rule (Texas Civil Practice and Remedies Code § 33.001). If you were partially at fault, your compensation is reduced by your percentage of fault — and you cannot recover at all if you’re found to be 51% or more responsible.

Delayed symptoms are common with spinal injuries. Swelling and inflammation around the cord can take hours or even days to fully develop, masking severity at the scene. Always get evaluated within 72 hours of any serious crash, even if you feel fine — both for your health and to anchor the medical record your claim will rely on.

Possibly. If you were in the course and scope of your employment, you may have both a workers’ compensation claim and a third-party negligence claim against the at-fault driver. The Texas Department of Insurance’s Division of Workers’ Compensation oversees those benefits, but the third-party recovery is usually where the meaningful compensation comes from in serious SCI cases.

Yes. If a defective airbag, seatbelt, roof structure, or seat caused or worsened your injury, you may have a product liability claim in addition to your claim against the at-fault driver. These cases often produce some of the highest recoveries in personal injury law, because the manufacturer’s exposure runs well beyond the at-fault driver’s insurance limits.

Yes. Whiplash can occur in collisions at speeds as low as 5 to 10 mph. The Insurance Institute for Highway Safety has documented neck injuries in crash tests well below freeway speeds. Adjusters love to argue that minor property damage means no real injury — but the science says otherwise.

Almost never. First offers in whiplash cases are routinely far below what the claim is actually worth — and they typically arrive before the full extent of your injury is even known. Once you accept and sign a release, you can’t go back for more, even if your symptoms get worse. Always have an attorney review any offer before signing.

Yes, but it’s harder. Insurance companies use delayed treatment as evidence that your injury wasn’t serious or wasn’t caused by the crash. If you didn’t go to the ER, see a doctor as soon as possible and tell them about every symptom, no matter how minor it feels. Those medical records become the backbone of your case.

All vehicles sold in the U.S. are required by federal law (under NHTSA Federal Motor Vehicle Safety Standard 202a) to have head restraints meeting specific anti-whiplash standards. If a defective or missing head restraint contributed to your injury, you may have an additional product liability claim against the manufacturer alongside your negligence claim against the at-fault driver.

No. Many strong claims involve conservative care, injections, and ongoing physical therapy without surgery. What matters is a documented diagnosis (typically MRI), consistent treatment, and credible testimony about how the injury has affected your life. Surgery increases damages but is not a prerequisite to bringing a claim.

No. Almost every adult has some degenerative changes on MRI. Under Texas’s eggshell plaintiff rule, the at-fault driver is responsible for any aggravation of a pre-existing condition. We work with medical experts who can identify the acute, crash-related findings — annular tears, edema, recent herniations — that distinguish a new injury from old wear.

Yes. Delayed onset is normal for disc injuries. Adrenaline can mask pain in the hours after a crash, and inflammation around an injured disc often takes 24 to 72 hours — sometimes longer — to fully develop. See a doctor as soon as symptoms appear and make sure they document the accident in your chart

Texas follows a modified comparative fault rule under Civil Practice and Remedies Code § 33.001. You can still recover damages as long as you are 50% or less at fault, though your compensation is reduced by your share. If you are 51% or more at fault, you cannot recover.

We build the medical case through emergency room records, follow-up neurology visits, advanced imaging like DTI MRI, neuropsychological testing, and testimony from medical experts and life-care planners. We also gather statements from family, coworkers, and friends who can describe the cognitive and personality changes since the crash.

Symptoms can surface immediately or develop hours, days, or even weeks later. Adrenaline, gradual swelling, and slow intracranial bleeding can all delay recognition. If you notice headaches, memory issues, mood changes, or sensitivity to light after a crash, see a doctor right away and tell them about the accident.

Yes. Most concussions and mild TBIs involve no loss of consciousness at all. Texas law lets you recover for any brain injury caused by another driver’s negligence, whether or not you blacked out at the scene. What matters is the medical evidence linking the crash to your symptoms.

Car accident settlements in Austin are calculated based on medical expenses (past and future), lost wages and diminished earning capacity, property damage, pain and suffering, and any permanent impairment. The severity of the injury, clarity of liability, and quality of medical documentation all influence the final figure. Catastrophic injury cases typically settle for substantially more due to ongoing care needs and life-altering consequences.

Yes, but only if you were 50% or less at fault. Texas follows a modified comparative negligence rule under Civil Practice & Remedies Code § 33.001, commonly called the “51% bar.” If you are found 51% or more responsible for the crash, you recover nothing. If you are 50% or less at fault, your compensation is reduced by your percentage of fault.

Under Texas Civil Practice & Remedies Code § 16.003, you have two years from the date of the car accident to file a personal injury lawsuit. Missing this deadline almost always means losing your right to compensation, regardless of how strong your case is. Shorter deadlines may apply for claims against government entities, so consult an attorney as early as possible.

A traumatic brain injury occurs when sudden force causes the brain to strike the inside of the skull, resulting in bruising, bleeding, or tearing of brain tissue. In car accidents, TBIs typically happen during rapid deceleration, direct head impact with the steering wheel or window, or violent whiplash motion. Symptoms range from mild concussion to permanent cognitive impairment, and they may not appear immediately.

You should see a doctor within 24 to 72 hours of any car accident, even if you feel fine. Adrenaline and shock can mask serious injuries like internal bleeding, concussions, and soft tissue damage for hours or days. Prompt medical care also creates a documented link between the crash and your injuries — a connection insurance adjusters frequently challenge when treatment is delayed.