Serving La Marque TX and all of Greater Houston. Michelle handles your case personally — not a junior associate.
Car accidents in La Marque TX happen on Texas Avenue and Palmer Highway and throughout the area every day. When another driver's negligence causes your crash, Texas law entitles you to compensation for every loss — medical bills, lost wages, property damage, and pain and suffering.
Michelle Acosta Law serves La Marque TX car accident victims. As a small firm with a big commitment, Michelle personally handles every case from first call to final settlement.
Do not give a recorded statement to the other driver's insurance company before speaking with an attorney. Politely decline and call Michelle Acosta Law for a free case review first.
Texas's fault system means the at-fault driver is financially responsible for your damages. Their liability insurance must cover your medical expenses, lost wages, property damage, and pain and suffering. Texas gives you two years to file a personal injury claim — but acting quickly preserves evidence and strengthens your case.
Insurance companies begin protecting their interests from the moment the accident is reported. Having an attorney on your side from day one levels the playing field.
Talk to a Houston injury attorney — free, takes 5 minutes.
Get a Free Case Review → Or call: (713) 933-3300Unlike large mills where your case is passed to a paralegal, Michelle personally handles every case. Her office is at 4601 Washington Ave., serving clients throughout Greater Houston. She is bilingual and handles cases in Spanish and English.
Consultations are always free. You pay nothing unless Michelle wins your case.
First, check for injuries. Don’t move if you’re hurt. Call 911. Tell them you’re in La Marque. Give the exact location. Highway 3 and FM 1764. That’s crucial for the police. They’ll know where to send help fast.
Get the police report. Texas requires it. Ask for the officer’s name and badge number. Get a copy of the CR-3 form. It’s the official accident report. Do this even if the other driver says it’s "just a fender bender." It’s not. It never is.
Take photos. Get the angle of the cars. Show the damage clearly. Get pictures of the road signs. The stop sign. The speed limit. The traffic light. Also, get pictures of the scene. The trees blocking the view at FM 1764. The construction signs near I-45. This evidence matters. Insurance companies will look at it.
Texas is a fault state. That means the driver who caused the accident pays. But it’s not always simple. It’s called comparative negligence. If you were 20% at fault, you get 80% of your damages. If you were 51% at fault, you get nothing.
Think about it. You’re driving on Highway 3. You’re stopped at a red light. The other driver runs the light. They hit you. They’re 100% at fault. You get full damages. But if you were speeding, even a little, and that caused the crash, the fault is split. The other driver might say you were speeding. They’ll try to prove it.
The 51% bar is brutal. If the insurance company says you were 51% at fault, you lose everything. They’ll say you were distracted. You were texting. You didn’t see the stop sign. They’ll use your phone records. They’ll say the damage to your car shows you were going too fast. You need a lawyer to fight this. I’ve seen too many cases get thrown out because of this rule.
Whiplash is the most common. It happens when your neck snaps back. Like when you get hit from behind. It feels fine at first. Then you can’t turn your head. You get headaches. It’s not a joke. It’s real pain. It can take months to heal.
Herniated discs happen too. The impact jolts your spine. A disc pushes out. You feel shooting pain down your leg. You can’t sit for long. I’ve seen clients miss work for six months. They need surgery. The pain is constant.
Concussions and TBIs are serious. You might not even know you have a head injury. You feel dizzy. You get confused. You might not remember the accident. That’s a TBI. It’s not just a headache. It’s a brain injury. You need to see a doctor right away. Don’t wait for symptoms to go away. They won’t.
They want to pay as little as possible. They’ll call you fast. "We’ll cover your medical bills." That’s the first trick. They’ll ask for a recorded statement. Don’t give one. Just say "I want to talk to my lawyer." That’s it.
They’ll offer a lowball settlement. "We’ll give you $5,000." That’s not even close to your medical bills. It’s a tactic. They know you’re stressed. You’re scared. You think it’s the best you can get. It’s not. I’ve seen clients accept $5,000 for a broken arm. They needed surgery. They still have bills.
They’ll delay. "We need more information." "We’re waiting for the doctor’s report." They’ll wait weeks. Sometimes months. They do this to wear you down. You stop calling. You think they forgot. They haven’t. They’re just waiting for you to give up. You need to push back. I tell my clients: "Don’t let them wait you out."
It’s not just the car. It’s the medical bills. The doctor visits. The physical therapy. The medication. All of it adds up. I’ve seen medical bills that run over $50,000 for one accident. That’s just the start.
Lost wages matter too. If you miss work, you lose pay. If you can’t work for months, that’s lost income. You need to document it. Get a note from your doctor. Get your pay stubs. Insurance companies will ask for them. They’ll say "You’re not really hurt." But the evidence is clear.
Pain and suffering is real. It’s not just a number. It’s the pain you feel every day. The fear you have when you get in a car. The sleepless nights. It’s hard to put a dollar on it. But it’s part of your case. Future medical needs too. If you need surgery later, that’s part of the value. You can’t ignore it.
It starts right after the accident. You get the police report. You see a doctor. You send the medical bills to the insurance company. That’s the demand letter phase. It’s the first step. I send a detailed letter. I list all your damages. I attach the medical records.
Then comes negotiation. The insurance company will argue. They’ll say the fault is split. They’ll say the pain and suffering is too high. They’ll offer a lower amount. You push back. You show the medical records. You show the police report. You don’t settle for less than you deserve.
If they won’t pay fairly, you file a lawsuit. Texas has a strict timeline. You have to file within two years. The discovery phase starts. You ask for their records. They ask for yours. Then there’s mediation. A judge helps you settle. If that doesn’t work, you go to trial. It’s a long process. But it’s necessary to get you what you need.
You have two years from the accident to file a lawsuit. That’s the rule. It’s not a suggestion. It’s the law. If you miss that date, you lose your case. Forever. I’ve seen too many people wait too long. They think "I’ll get around to it." Then they forget. Or they get sick. Or they get busy.
There are exceptions. If you’re a minor, the clock starts when you turn 18. So you have two years after your 18th birthday. But you need to act fast. Don’t wait. Get a lawyer before the deadline. I’ve helped several minors file cases before their 20th birthday.
Government entities are different. If the accident involves a city bus or a police car, you have to give notice within six months. You send a letter to the city. You say what happened. You ask for a claim form. If you miss that six months, you can’t sue. It’s strict. I’ve had clients lose cases because they didn’t send the notice on time.
Dashcam footage is gold. It shows exactly what happened. The other driver running the light. The speed they were going. I’ve used dashcam videos to win cases. It’s clear. It’s hard to argue with. If you have one, keep it. Don’t let the insurance company delete it.
Surveillance footage is another key piece. Stores often have cameras. They might have caught the accident. I’ve gotten footage from gas stations near Highway 3. It shows the other driver speeding. It shows the traffic light was red. This evidence is powerful.
Witness statements are crucial. People who saw the accident. They’ll say "He ran the red light." They’ll say "She was texting." You need their names and contact info. Get it right after the accident. Don’t wait. People forget details fast. You need their statement while it’s fresh.
Medical records are the backbone. They show your injuries. They show the treatment you got. They show how the accident affected you. Don’t skip appointments. Every visit is proof. If you don’t go to the doctor, the insurance company will say "You’re not hurt." They’ll use that against you. You need those records.
Accident reconstruction is the final piece. I hire experts. They look at the scene. They check the damage. They calculate the speed. They make a report. It’s expensive, but it’s worth it. It proves fault. It shows why the accident happened. It’s the strongest evidence you can have.
No fees unless you win. No pressure. Just answers.
Get a Free Case Review → Or call: (713) 933-3300Call 911 immediately, even for minor accidents. Texas law requires police reports for crashes involving injury, death, or property damage over $1,000. The responding officer will complete a CR-3 crash report, which becomes crucial evidence for your claim. Don't let the other driver talk you out of calling police by promising to pay out of pocket.
Document everything while waiting for police. Take photos of vehicle damage, the accident scene, skid marks, traffic signals, and road conditions. Get pictures of license plates, insurance cards, and driver's licenses. If you're injured, have someone else take photos. The scene changes quickly once vehicles move, so capture evidence immediately.
Collect information from all drivers and witnesses. Get full names, phone numbers, insurance companies, and policy numbers. Ask witnesses what they saw and record their statements on your phone if possible. Many witnesses leave before police arrive, so act quickly. Their testimony often determines fault when drivers tell different stories.
Never give recorded statements to insurance companies without legal representation. Adjusters call within hours of accidents, claiming they need your statement to process the claim quickly. They're actually gathering ammunition to deny or minimize your claim. Tell them you're still receiving medical treatment and will provide information through your attorney. Michelle protects her clients from these early traps that can destroy cases.
Texas follows modified comparative negligence with a 51% rule. This means you can recover damages as long as you're less than 51% at fault for the accident. If you're found 30% responsible, your compensation reduces by 30%. However, if you're 51% or more at fault, you recover nothing.
Insurance companies exploit this system by shifting blame to accident victims. They argue that you were speeding, distracted, or failed to avoid the collision. Every piece of evidence matters in these fault determinations. A skilled attorney gathers proof that minimizes your fault percentage and maximizes the other driver's responsibility.
Texas is also an "at-fault" state, meaning the responsible driver's insurance pays for damages. This differs from no-fault states where your own insurance covers injuries regardless of blame. In Texas, you file claims against the at-fault driver's liability coverage. If they lack sufficient insurance, you may need uninsured or underinsured motorist coverage.
The fault determination process involves police reports, witness statements, expert analysis, and sometimes accident reconstruction. Insurance companies have teams of investigators and lawyers working to minimize their exposure. Michelle levels the playing field by conducting her own investigation and presenting evidence that clearly establishes the other driver's negligence.
Whiplash affects most rear-end collision victims, even at low speeds. The sudden forward and backward motion strains neck muscles and ligaments. Symptoms often appear hours or days after the accident. What seems minor initially can develop into chronic pain requiring months of physical therapy. Insurance companies routinely undervalue whiplash claims, calling them "soft tissue" injuries.
Herniated discs frequently occur in car accidents, especially side-impact collisions. The force compresses spinal discs, causing the inner material to protrude and press on nerves. This creates shooting pain, numbness, and weakness in arms or legs. Severe cases require surgery and extensive rehabilitation. These injuries often prevent people from returning to physically demanding jobs.
Traumatic brain injuries happen when heads strike windows, dashboards, or steering wheels. Even without losing consciousness, victims can suffer concussions with lasting effects. Memory problems, difficulty concentrating, and personality changes may persist for months. TBI symptoms sometimes don't appear immediately, making early medical evaluation crucial.
Many injuries don't cause immediate symptoms. Adrenaline masks pain during the accident, and swelling takes time to develop. Michelle advises clients to seek medical attention within 24 hours, even if they feel fine. Delayed medical treatment gives insurance companies ammunition to argue that injuries weren't serious or weren't caused by the accident. Document symptoms as they develop and follow all prescribed treatment.
Recorded statements represent the biggest trap for accident victims. Adjusters call when you're still in pain and confused about what happened. They ask seemingly innocent questions designed to get you to admit fault or minimize injuries. Statements like "I'm fine" or "I didn't see the other car" can destroy your claim. These recordings become evidence against you later.
Quick settlement offers arrive before you understand the full extent of your injuries. Adjusters present lowball amounts as "fair" settlements, claiming they'll expire if not accepted immediately. These offers typically cover only vehicle damage and minimal medical bills. They don't account for ongoing treatment, lost wages, or pain and suffering.
Delay strategies emerge when insurance companies realize they face significant claims. They request endless documentation, order multiple medical examinations, and challenge every aspect of treatment. The goal is wearing you down financially and emotionally until you accept inadequate settlements. They know most people can't afford to wait years for fair compensation.
Disputing medical treatment becomes standard practice for serious injury claims. Insurance companies hire doctors to review your records and claim treatments were unnecessary or excessive. They argue that you should have recovered faster or that ongoing symptoms aren't related to the accident. Michelle works with qualified medical experts who explain why recommended treatment was appropriate and necessary.
Medical expenses form the foundation of most car accident claims. This includes emergency room visits, hospital stays, diagnostic tests, physician visits, physical therapy, and medications. Future medical costs matter too, especially for permanent injuries requiring ongoing treatment. Michelle works with medical economists to calculate lifetime care costs for severely injured clients.
Lost wages encompass time missed from work due to injuries and medical appointments. This includes salary, hourly wages, overtime, bonuses, and benefits. Self-employed individuals can recover lost business income with proper documentation. If injuries prevent returning to your previous job, you may recover diminished earning capacity — the difference between what you could earn before and after the accident.
Pain and suffering represents the physical discomfort and emotional distress caused by your injuries. Texas law doesn't cap these damages in most car accident cases. Factors include injury severity, treatment duration, permanent limitations, and impact on daily activities. Detailed medical records and personal journals documenting symptoms help establish these damages.
Punitive damages may apply when the other driver showed gross negligence or intentional misconduct. Examples include drunk driving, excessive speeding, or road rage incidents. These damages punish the wrongdoer and deter similar conduct. While not available in every case, they can significantly increase compensation when circumstances warrant punishment beyond regular damages.
Demand letters initiate formal settlement negotiations. Michelle prepares comprehensive packages including police reports, medical records, wage statements, and documentation of all damages. The demand explains why the other driver was at fault and itemizes all economic and non-economic losses. Insurance companies typically have 30 days to respond with settlement offers or claim denials.
Negotiation phases can last weeks or months depending on case complexity. Initial offers almost always fall short of fair compensation. Michelle counters with evidence supporting higher values and deadlines for responses. Multiple rounds of back-and-forth negotiations are common. She never accepts inadequate settlements just to close cases quickly.
Filing lawsuits becomes necessary when insurance companies refuse reasonable settlements. Texas courts require specific procedures and deadlines that non-lawyers often miss. The lawsuit formally preserves your rights and signals serious intent to pursue full compensation. Many cases settle after lawsuits are filed because insurance companies realize they face litigation costs and potential jury verdicts.
Discovery allows both sides to gather evidence through depositions, document requests, and expert witness reports. This process can take six months to over a year depending on case complexity. Mediation often occurs before trial, where neutral mediators help negotiate settlements. If mediation fails, cases proceed to trial where juries determine fault and damages. Michelle prepares every case as if it's going to trial, even when hoping for reasonable settlements.
Two years represents the standard deadline for filing car accident lawsuits in Texas. The clock typically starts running on the accident date. Missing this deadline means losing your right to seek compensation forever, regardless of how strong your case might be. Texas courts strictly enforce these deadlines with very limited exceptions.
Minor children receive special protection under Texas law. Their two-year deadline doesn't begin until they reach age 18. Parents can file suits on behalf of injured children, but the children retain the right to sue in their own names after reaching adulthood. This extended timeline ensures children don't lose rights due to parental inaction.
Government entity claims require much shorter notice periods. If your accident involves city, county, or state vehicles, you must provide written notice within six months. This notice requirement is separate from and in addition to the two-year lawsuit deadline. The notice must include specific information about the incident and your claims.
Discovery rules may extend deadlines in rare cases where injury causes aren't immediately apparent. For example, if accident-related brain injuries aren't diagnosed until months later, the deadline might start when the injury was reasonably discoverable. However, courts interpret these exceptions very narrowly. Michelle advises clients to act quickly rather than risk missing crucial deadlines.
Dashcam footage provides unbiased witnesses that can't be intimidated or confused. These cameras capture the moments before, during, and after collisions from the driver's perspective. Many commercial vehicles and rideshare drivers now use dashcams. Michelle immediately sends letters to preserve this evidence before it's deleted or recorded over.
Surveillance cameras from nearby businesses often capture accidents at intersections and along busy roads. Gas stations, convenience stores, restaurants, and shopping centers frequently have exterior cameras pointing toward streets. This footage typically gets deleted within 30 days unless specifically preserved. Acting quickly is crucial to obtaining this powerful evidence.
Witness statements provide crucial testimony about what happened and who was at fault. Independent witnesses carry more weight than passengers in the involved vehicles. Detailed statements taken immediately after accidents are more reliable than testimony given months later. Michelle interviews witnesses promptly and gets signed statements before memories fade.
Medical records document the full extent of injuries and necessary treatment. Emergency room reports capture initial symptoms and complaints. Diagnostic tests like X-rays, MRIs, and CT scans show objective evidence of injuries. Treatment notes from physicians, physical therapists, and other providers establish the ongoing impact of accident injuries. Accident reconstruction experts analyze physical evidence, skid marks, vehicle damage, and road conditions to determine how accidents occurred and who was responsible. These professionals use scientific principles to create compelling visual presentations for insurance companies and juries.
No fees unless you win. No pressure. Just answers.
Get a Free Case Review → Or call: (713) 933-3300Founded on one belief: every injured person deserves a lawyer who fights for them like family. Michelle is a trial lawyer — not a volume firm. Every case prepared for a jury. $56M Harris County verdict. Super Lawyers Rising Star. Top 25 Motor Vehicle Trial Lawyers — Texas. Gerry Spence Method trained. Former General Counsel. Raised across Latin America and Asia. Fluent Spanish.
Tell us what happened — free case review, no pressure.
Call (713) 933-3300 →Or start your free consultation online
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