Personal Injury Guide for Victims in Longview, Texas

Introduction: Why Longview, Texas Injury Victims Need a Local Guide

Longview sits at the crossroads of U.S. Highways 80 and 259, serving as a commercial hub for East Texas oilfields, timber production, and an active rail network. While these industries drive economic growth, they also contribute to unique accident risks—ranging from 18-wheeler collisions on I-20 to oil-rig and logging injuries in surrounding Gregg and Harrison Counties. Understanding Texas personal injury law is crucial for anyone hurt by another’s negligence in Longview, whether the incident happened on Loop 281, at one of the city’s manufacturing plants, or during weekend recreation at Lake Cherokee.

This comprehensive guide favors the interests of injury victims while remaining strictly factual. It explains your legal rights under Texas statutes, outlines procedural steps, and highlights local resources such as CHRISTUS Good Shepherd Medical Center and the Gregg County courthouse. Our goal is to empower you with accurate information so you can make informed choices about medical care, claims filing, and—when necessary—hiring a personal injury lawyer in Longview, Texas.

Understanding Your Personal Injury Rights in Texas

Negligence and Duty of Care

Most Texas personal injury claims are grounded in negligence. To recover compensation, the injured party (plaintiff) must establish four elements:

• Duty – The defendant owed a legal duty to act with reasonable care.

• Breach – The defendant breached that duty through action or omission.

• Causation – The breach caused the injury (both cause-in-fact and proximate cause).

• Damages – The plaintiff suffered quantifiable losses (medical bills, lost wages, pain and suffering).

Statute of Limitations: Texas Civil Practice & Remedies Code § 16.003

Texas generally imposes a two-year deadline to file most personal injury lawsuits, measured from the date of injury. Missing this window can permanently bar your claim. Certain exceptions, such as the discovery rule for latent injuries, are narrow and fact-specific, so prompt action is safest.

Comparative Fault: Proportionate Responsibility (Chapter 33)

Texas follows a modified comparative fault model under Texas Civil Practice & Remedies Code Chapter 33. You may recover damages even if you share some responsibility, provided you are not more than 50% at fault. Your recovery is reduced by your percentage of responsibility. For example, if a Gregg County jury finds you 20% at fault and awards $100,000, you receive $80,000.

Available Damages

• Economic: past and future medical expenses, rehabilitation, lost wages, loss of earning capacity, household services.

• Non-Economic: pain and suffering, mental anguish, physical impairment, disfigurement, loss of consortium.

• Exemplary (Punitive) Damages: awarded in rare cases of gross negligence or malice, subject to statutory caps (§ 41.008).

Common Types of Personal Injury Cases in Texas

Motor Vehicle Collisions

According to the Texas Department of Transportation, Gregg County recorded more than 2,600 crashes in 2022, including 17 fatalities. Busy corridors like Spur 63 and High Street see frequent rear-end and left-turn accidents. Commercial trucks carrying timber or oilfield equipment pose additional hazards due to size and braking distance.

Oilfield and Industrial Accidents

East Texas remains an active oil-producing region. Well-site explosions, toxic exposure, and machinery failures can result in catastrophic injuries. While some workers are limited to workers’ compensation, third-party negligence claims may exist against equipment manufacturers or subcontractors.

Premises Liability (Slip & Fall, Dangerous Conditions)

Texas property owners have a duty to address unreasonably dangerous conditions they know—or should know—about. Whether you fell at a Longview grocery store on Judson Road or were injured by defective stairs at a rental property near LeTourneau University, proving notice and negligence is key.

Product Liability

Defective tools, auto parts, or consumer goods may give rise to strict liability claims under Texas law. Victims must show the product was unreasonably dangerous and reached them without substantial change.

Dog Bites and Animal Attacks

While Texas lacks a specific dog-bite statute, common-law negligence and the “one-bite rule” apply. Owners in Longview can be held liable if they knew—or should have known—the dog was aggressive or if they were negligent in controlling the animal.

Texas Legal Protections & Injury Laws

Texas Insurance Requirements

Texas motorists must carry minimum liability coverage of 30/60/25—$30,000 per injured person, $60,000 per accident, and $25,000 for property damage. Many serious injury claims exceed these limits, making underinsured motorist coverage vital. Policyholders who decline UM/UIM protection must do so in writing per Texas Insurance Code § 1952.101.

Pleading Standards and Venue

The Texas Rules of Civil Procedure govern pleadings, discovery, and trial. Personal injury suits arising in Longview are typically filed in Gregg County District Court, unless federal diversity jurisdiction applies. Plaintiffs must file an Original Petition stating a short statement of the cause of action and damages sought (Rule 47).

Medical Bills, Subrogation, and Paid vs. Incurred

Under Texas Civil Practice & Remedies Code § 41.0105, a plaintiff may only recover medical expenses actually paid or owed—known as the “paid vs. incurred” rule. Health insurers, Medicaid, and Medicare may assert subrogation liens that must be resolved from any settlement or judgment.

Liens for Emergency Medical Services

Texas Property Code § 55.002 allows hospitals like CHRISTUS Good Shepherd Medical Center – Longview to file liens for reasonable charges incurred within 72 hours of an accident. Negotiating or contesting the lien can preserve more net recovery for the victim.

Steps to Take After a Personal Injury in Texas

Seek Immediate Medical Attention Prompt care not only protects your health but also documents injuries. Longview ER options include CHRISTUS Good Shepherd and Longview Regional Medical Center. Report the Incident Call 911 for motor-vehicle crashes (Texas Transportation Code § 550). For workplace injuries, notify your employer within 30 days (Texas Labor Code § 409.001). Preserve Evidence Photograph injuries, vehicle damage, scene conditions, and obtain contact information of witnesses. Save damaged clothing or equipment. Request Official Records Obtain the Texas Peace Officer’s Crash Report (CR-3) from the Texas Department of Transportation. For premises incidents, ask the property owner for an incident report. Notify Insurance Carriers Most auto policies require prompt notice. Provide basic facts only; avoid recorded statements until you understand your rights. Track Damages Maintain medical bills, mileage logs for treatment, pay stubs showing lost wages, and a pain journal detailing daily limitations. Consult a Qualified Longview Accident Attorney A lawyer can determine liability, calculate damages, and protect you from insurance tactics aimed at minimizing payouts.

When to Seek Legal Help in Texas

Complex Liability or Severe Injuries

Cases involving 18-wheeler collisions, multiple defendants, or catastrophic injuries often require accident reconstructionists and medical experts. An experienced longview accident attorney knows how to secure black-box data and comply with Federal Motor Carrier Safety Regulations discovery.

Disputed Fault or Comparative Responsibility Allegations

Insurers may argue you exceeded 50% fault to bar recovery. Legal counsel can challenge improper fault apportionment through evidence and expert testimony.

Statute of Limitations Nearing

Filing suit stops the limitations clock. If negotiations stall as the two-year deadline approaches, immediate legal action is critical to preserve your claim.

Unfair Settlement Offers

Early low-ball offers rarely account for future medical needs or non-economic damages. A lawyer can assess true case value using jury verdict research specific to Gregg and Harrison Counties.

Local Resources & Next Steps

Courts and Government Offices

• Gregg County District Clerk: 101 E. Methvin St., Suite 216, Longview, TX 75601 – Filing personal injury petitions.

• Gregg County Justice of the Peace Courts: Handle small claims under $20,000.

• Texas Department of Insurance: File complaints about unfair claims handling.

Medical & Rehabilitation Facilities

• CHRISTUS Good Shepherd Medical Center – Longview

• Longview Regional Medical Center

• Encompass Health Rehabilitation Hospital of Longview

Professional and Legal Organizations

State Bar of Texas – Verify attorney licenses and disciplinary history. Texas Department of Insurance – Consumer help line for policy questions. Texas Statutes Online – Access Civil Practice & Remedies Code and other laws. TxDOT Crash Report Purchasing System – Obtain official accident reports.

Most personal injury lawyers in Longview offer free consultations and work on a contingency fee, meaning no attorney’s fee unless you recover compensation. During the consultation, bring:

• Medical records and bills

• Accident or incident reports

• Photographs and witness information

• Insurance policy documents

Legal Disclaimer

This guide provides general information for educational purposes only and is not legal advice. Laws and procedures may change. For advice on your specific situation, consult a licensed Texas attorney.

If you were injured due to someone else's negligence, call Louis Law Group at 833-657-4812 for a free case evaluation and legal consultation.