Do I Really Need a Lawyer After My Injury in Texas?
Many people think they can handle an injury claim alone, especially if the insurance company offers what looks like a quick settlement. But in Texas, personal injury and maritime law are complex. Insurance adjusters and company lawyers are trained to limit payouts and shift blame.
A lawyer ensures that you don’t get taken advantage of. From the moment you are hurt, the company is investigating the accident, often with the goal of denying responsibility. By hiring an attorney early, you protect your right to full compensation. A lawyer will gather evidence such as safety logs, medical records, eyewitness accounts, and even expert testimony when needed.
More importantly, Texas injury law recognizes different types of damages—medical bills, lost wages, future earning capacity, and pain and suffering—that you may not realize you are entitled to recover. Without legal representation, injured Texans often settle for far less than their case is worth. Having a lawyer on your side levels the playing field and gives you the leverage to fight back.
What Is the Jones Act and How Does It Protect Seamen?
The Jones Act is a federal law designed to protect seamen—those who work primarily aboard vessels—when they are injured on the job. Unlike ordinary workplace accidents in Texas, seamen are not covered by state workers’ compensation laws. Instead, they must turn to the Jones Act, which allows them to sue their employer for negligence and recover significant damages.
If you qualify as a seaman—meaning you spend a substantial amount of your working time on a vessel in navigation—you can recover not only medical expenses and lost wages, but also compensation for pain, suffering, and loss of earning capacity. This is far more comprehensive than what a typical Texas worker could expect under state workers’ compensation.
For example, a tugboat deckhand injured on the Houston Ship Channel, or an offshore worker based out of Galveston, would likely qualify for Jones Act protections. The law requires employers to provide a safe working environment, proper training, and seaworthy vessels. If your employer fails in these duties, you may have a strong Jones Act claim.
What Is the Longshore & Harbor Workers’ Compensation Act (LHWCA)?
The LHWCA provides vital protections for maritime workers who are not classified as seamen under the Jones Act. This includes longshoremen, crane operators, dock workers, stevedores, and ship repair personnel. These workers form the backbone of Texas ports like Bayport, Barbours Cut, Galveston, and Corpus Christi.
Under the LHWCA, injured workers are entitled to medical treatment, wage replacement benefits, and vocational rehabilitation. Unlike Texas workers’ compensation, which is limited and often controlled by employers, the LHWCA is a federal system designed specifically to cover the unique hazards of maritime work.
Importantly, longshore workers may also have the right to file third-party negligence claims against vessel owners under 33 U.S.C. § 905(b) if unsafe conditions on the ship caused the injury. For example, if a poorly maintained ladder on a container vessel injures a longshoreman, that worker may have both LHWCA benefits and a negligence claim against the vessel owner.
What Should I Do Immediately After a Port, Refinery, or Terminal Accident?
The aftermath of a serious accident is chaotic, but the steps you take in the first hours and days can make a big difference in your case. Here’s what Texas workers should do:
Report the incident right away – Delays in reporting are often used by employers and insurers to argue that your injuries aren’t serious or didn’t happen at work.
Get immediate medical care – Even if your injuries seem minor, complications such as concussions, back injuries, or internal trauma may appear later. Documentation from a doctor also protects your claim.
Do not sign documents or give recorded statements – Companies and insurance adjusters may pressure you to “just sign some papers” or “give a quick statement.” These are usually designed to limit your rights.
Gather evidence if possible – Photos of the accident scene, unsafe equipment, or your injuries can be powerful proof later.
Contact an experienced attorney – A Texas injury lawyer can immediately begin preserving evidence, interviewing witnesses, and filing the right claims before deadlines pass.
How Long Do I Have to File an Injury Claim in Texas?
Time limits, known as statutes of limitations, are strict in Texas. If you miss them, you lose your right to recover damages—even if your case is strong.
Texas Personal Injury Claims – Generally, you have 2 years from the date of the accident to file a lawsuit. This applies to car wrecks, refinery explosions, slip-and-fall injuries, and other land-based incidents.
Maritime Claims – Most maritime personal injury and wrongful death claims have a 3-year statute of limitations under federal law. This includes Jones Act cases and general maritime law claims.
Claims Against Government Entities – If you’re hurt on government property (for example, an accident at Houston’s Hobby Airport), you may have to give formal notice within 6 months under the Texas Tort Claims Act.
Because deadlines vary, waiting too long can be fatal to your claim. Talking to a lawyer early ensures that all deadlines are tracked and met.
What Compensation Can I Recover in a Texas Personal Injury or Maritime Case?
Texas law and federal maritime law both allow injured workers and accident victims to recover a wide range of damages. The goal is not only to cover your immediate expenses, but also to account for your future needs.
You may be entitled to recover:
Medical expenses – from emergency care to long-term rehabilitation.
Lost wages – both past wages you missed and future income you can no longer earn.
Pain and suffering – the physical and emotional toll of an accident.
Loss of earning capacity – if you can no longer do the same work you once could.
Loss of consortium – for spouses or family members affected by the injury.
Punitive damages – in cases of extreme negligence, such as refinery owners ignoring safety standards or vessel operators knowingly putting crews at risk.
Every case is unique, which is why an attorney calculates not only what you’ve lost so far, but also what you are likely to lose in the future.
Why Choose Gilman & Allison, LLP for Your Texas Injury Case?
When you’ve been injured, your lawyer’s experience matters. At Gilman & Allison, LLP, our attorneys are not only trial lawyers but also licensed U.S. Coast Guard Merchant Marine Officers. This gives us a unique advantage in handling maritime and offshore cases—we know how vessels operate and understand the realities of working at sea.
With offices in Houston/Pearland and Corpus Christi, we represent injured workers across the Gulf Coast, including Galveston, Texas City, Beaumont, and Port Arthur. Our team has decades of combined experience taking on powerful companies, insurers, and vessel owners.
We don’t just settle quickly to move on. We prepare every case as if it is going to trial, and that reputation often leads to higher settlements. Whether your case involves a refinery explosion, a port accident, a Jones Act claim, or a serious auto or truck collision in Texas, we fight aggressively for maximum recovery.
When your livelihood and future are on the line, you need a law firm that knows both Texas personal injury law and maritime law inside and out. That’s what sets Gilman & Allison apart.
