Board certification can help you decide which lawyers to interview. Once a firm takes your case, though, someone still has to investigate the accident and explain what the evidence supports. You should be able to find out who is doing that work, what remains uncertain, and which decisions need your attention.
This article follows those tasks from the first meeting through a possible trial. It also explains what to ask when the lawyer you are considering is Board Certified in Personal Injury Trial Law. Certification belongs to an individual attorney; it does not guarantee a result or mean that everyone at the firm holds the credential.
The first consultation is a screening decision, not a verdict on your case
Start with when and where you were hurt, what happened, and what treatment you have received. Bring the photographs, letters, and insurance information you have. Tell the lawyer about anything you have signed. There may be questions you cannot answer yet, and you do not need to supply a legal theory before making the call.
Expect questions about less favorable facts too. Perhaps you had an earlier injury, did not see the spill before falling, or waited before seeking treatment. Explain what happened accurately. Counsel needs to know those facts to assess the claim and the arguments the other side may make. A useful first assessment identifies what is known and what still needs investigation; it cannot responsibly promise a settlement figure.
Ask about deadlines immediately. Texas Civil Practice and Remedies Code Section 16.003 generally provides a two-year limitations period for personal injury actions, but accrual, exceptions, and other requirements need individual analysis. Claims involving governmental bodies, for example, can raise separate notice issues. Do not wait for treatment to end before obtaining advice about timing.
The meeting should also establish whether the firm can take the case. Ask who would assess it, who would make litigation decisions, and who would be available for depositions or trial. If the firm declines, request written confirmation and discuss any immediate deadline or preservation concerns. Do not assume that an interview means your rights are being protected.
Turning an account of the accident into a testable liability theory
A store name or an insurance policy does not establish liability. The lawyer has to identify the duty involved, the alleged failure, and its connection to your injury. A store fall might turn on notice of a dangerous condition. A collision might raise questions about the driver, the vehicle's maintenance, or another person's responsibility. A defective-product claim requires a different investigation again.
Consider what that means in practical terms. Who controlled the place where you were injured? Which witness saw the condition before the accident? Does a camera show the approach or only the aftermath? Counsel may need records from more than one business to answer those questions. It is a mistake to commit to one explanation before checking a plausible alternative.
Your own conduct may also be disputed. Texas's proportionate-responsibility rules can affect a recovery. Ask counsel which allegations are relevant to your case and what evidence could answer them. An unfavorable fact deserves examination even if you disagree with the conclusion an insurer draws from it.
Preserving evidence before the ordinary business cycle erases it
A recording may be overwritten while you are recovering. A vehicle may be repaired or a damaged item discarded. Finding out who holds the evidence can therefore be urgent. Counsel should identify the relevant camera, time period, electronic record, or physical object and direct a preservation request to the appropriate recipient.
You can help by keeping original photographs and messages, recording witness contact details, and retaining damaged property. Ask the lawyer before arranging an inspection or disposal. Do not alter files, coach a witness, or hide an online post because it seems unhelpful. Tell counsel about the material so its significance can be assessed.
A preservation letter does not prove that the evidence exists or guarantee access to it. The response may reveal a different custodian or a gap in the recording. If litigation is necessary, discovery requests remain subject to the governing rules, objections, privileges, proportionality, and court supervision. The investigation needs follow-up, not just a letter in the file.
Connecting medical care to the event without turning treatment into a lawsuit tactic
Your clinicians should guide treatment. The lawyer's job is to obtain and understand the records needed for the claim. A chronology should distinguish what you reported, what a provider found, and what the provider said about the cause or prognosis. Missing records and earlier treatment may be important.
An old condition does not necessarily explain everything that happened after a new accident. Conversely, a new diagnosis does not by itself establish that the accident caused it. Counsel may need to compare your earlier limitations with the later findings and ask a qualified professional to explain the difference.
Be candid about gaps in treatment. Cost, access, delayed symptoms, or a doctor's advice to monitor a condition may explain a gap, but the explanation needs to be investigated rather than supplied for you. Future care may require further medical support. Ask what an additional expert would contribute before the firm incurs that expense.
Valuing a claim is an evidence exercise
Two people with similar bills can have very different claims. There may be a dispute over fault in one case and limited insurance in the other. A figure based only on multiplying medical bills leaves those questions unanswered.
Ask for separate explanations of the supported losses, the litigation risks, the available coverage or other sources of payment, and the amount you might receive. A provider's initial charge can differ from the amount paid or still legally owed. Fees, case expenses, liens, and reimbursement claims may further affect the distribution of a settlement.
An estimate should change when material evidence changes. A newly found recording could weaken the liability case. A supported surgery recommendation could affect future losses. What matters is that the lawyer explains the reason for the revised assessment. The Texas injury claim value hub discusses these separate parts of the evaluation.
Preparing to negotiate from a record that can withstand challenge
A demand needs support for the amount requested. Counsel should explain the conduct at issue, the evidence connecting it to the injury, and the documented losses. If an important issue remains unresolved, further investigation or litigation may be needed before an offer can be assessed.
Ask what “trial ready” means for your file. Have witnesses been located? Can the exhibits be authenticated? What will happen if the defense challenges an expert's opinion? Preparing those matters can help you evaluate the alternatives to settlement. It does not mean that every case should be tried or that an insurer will pay more because the lawyer is certified.
You decide whether to settle after receiving advice. Before making that decision, ask about the estimated net recovery, the risks of continuing, and the likely additional time and expense. If there is pressure to respond quickly, find out what deadline or condition actually applies. Rejecting an offer also has consequences that deserve a clear explanation.
What filing a lawsuit changes
A lawsuit creates procedural duties as well as opportunities to obtain evidence. Pleadings, discovery, expert disclosures, motions, and scheduling orders affect how the case proceeds. Negotiation may continue throughout. Ask which upcoming steps require your participation and what they are expected to cost.
For a deposition, preparation should help you understand the process and answer truthfully from memory. It should not give you a script. Your attorney may also take testimony from a driver, employee, supervisor, or other defense witness. Each deposition should address an issue that matters to the proof.
Motions can narrow or end a claim before trial. Counsel therefore needs to identify the evidence required for each element and obtain it before the applicable deadlines. A persuasive account of an accident cannot fill a missing evidentiary requirement. The current rules and the court's orders govern the procedural steps.
If a case goes to trial
At trial, the lawyer must present the case through admissible evidence and the questions the judge or jury will decide. Witness preparation, exhibit foundations, objections, and the jury charge all matter. Some evidence may remain uncertain or unfavorable even after a thorough investigation.
Ask what participating would involve for you. You may testify, hear challenges to your medical history, and wait through procedural delays. A verdict may differ from either side's prediction. Posttrial proceedings, an appeal, insurance, or collection issues can affect what happens afterward. Settlement opportunities should still be explained as the evidence develops.
What board certification helps you assess
TBLS evaluates an applicant's experience, education, references, and examination performance under its standards. The credential is voluntary and individual. A lawyer without it may also have substantial relevant experience. Use certification to decide what to ask, rather than treating it as a ranking of every attorney.
Aaron A. Herbert has been Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization since 2008. You can check his current record through the official directories linked below. Ask the firm what Aaron's role would be in your matter; his credential does not establish that he will personally perform every task or try every case.
Questions to take to the meeting
Write down the points you need answered before hiring counsel. Who will investigate the accident first? Is evidence at risk of being lost? What medical or economic support is missing? Who pays case expenses while the work proceeds, and what happens if there is no recovery?
Also ask which lawyer would handle depositions, mediation, and trial, how you will receive updates, and whom to contact when treatment or employment circumstances change. Get the fee and expense terms in writing. When comparing firms, listen for an explanation of the difficult facts as well as the favorable ones.
Frequently asked questions
Does certification mean my case is strong?
No. The credential describes a lawyer's qualifications. Your claim still depends on its facts and the applicable law. After investigation, a certified lawyer may recommend declining the claim or pursuing a narrower theory.
Will Aaron personally try my case?
Ask the firm directly about the intended staffing. A general biography cannot establish an undertaking for your particular matter. Availability and the course of litigation can change, so ask how material changes would be communicated.
Can I speak with other lawyers before deciding?
Yes. Give each lawyer the same material facts and compare their explanations of the work, risks, resources, fees, and communication. Tell each office about approaching deadlines; do not let interviews delay the steps needed to protect your rights.
What if the insurance company already made an offer?
Bring the offer, any expiration date, the proposed release, and related correspondence. Counsel needs to examine what would be released as well as the amount offered. A website cannot determine whether you should accept it.
What should I do while the lawyer investigates?
Follow medical advice and provide accurate updates. Keep original documents and photographs, preserve correspondence, and tell the firm about new witnesses, bills, work effects, or insurer contact. Ask how to send that information securely and promptly. Discuss public comments about the accident with counsel while the claim is pending.
Sources
TBLS Standards for Attorney Certification; Aaron Herbert's State Bar directory record; Texas court rules; Texas Civil Practice and Remedies Code Chapters 16, 33, and 41.
For related questions, return to the TBLS Personal Injury Knowledge Hub or read the complete certification guide. This article provides general information, not advice about a particular claim.