Why Cap City
How to Choose a Personal Injury Lawyer in Austin
An honest buyer's guide. We wrote this for injured Texans, not for our marketing, including the parts where another kind of firm might be a better fit for you.
Step 1: Match the firm type to the case type
Not every personal-injury case needs a boutique trial firm. For a low-speed property-damage claim with cooperative insurance, a high-volume firm is genuinely efficient. For a serious-injury case where future damages and trial credibility matter, a boutique trial firm is structurally better positioned. Step one is honestly assessing which bucket your case sits in.
Step 2: Ask who actually handles the file
Direct attorney access is the single highest-impact question. Ask, by name, who will be handling your case day-to-day. Then ask how many cases that person is handling now. Then ask how you can reach them if you have a question at 2 PM on a Tuesday. Vague answers are bad answers.
Step 3: Ask about trial readiness
How recently has the firm taken a similar case to verdict? How many trial-court filings did the firm produce last year? Insurers track this. If your firm doesn't file, the adjuster knows and prices accordingly.
Step 4: Confirm Texas-specific knowledge
Texas law has a few specific rules that matter on every personal injury case:
- Two-year statute of limitations (Tex. Civ. Prac. & Rem. Code § 16.003) — most personal-injury claims must be filed within two years of the incident.
- Modified comparative fault, 51% bar (Tex. Civ. Prac. & Rem. Code § 33.001) — if you are 51% or more at fault, you recover nothing.
- Damage caps in certain case types (medical malpractice, government claims).
A firm without working knowledge of these rules will leave value on the table or miss deadlines.
Step 5: Read the engagement letter before you sign
The engagement letter sets the rules of the relationship. Confirm contingency fee percentages, who covers case expenses, what happens if you withdraw, and who has authority to settle. Reputable firms put the right answers in writing without being asked.
Step 6: Trust how a firm says no
If a firm cannot decline cases, it has no margin for the cases it accepts. A firm that tells you honestly when it isn't the right fit is often the firm worth hiring when it is. We decline cases we can't add real value to and refer you elsewhere when that is better for you.
Cap City's answer to the six
- Firm type: Boutique trial firm, two attorneys, Austin-based, statewide Texas.
- Who handles the file: The attorney you call. Direct attorney access from intake through resolution.
- Trial readiness: Built for the courthouse. We file when the case requires it.
- Texas specifics: 22+ years of combined attorney experience across Texas PI firms. Trucking, catastrophic injury, bad-faith insurance focus.
- Engagement letter: Standard contingency fee, firm covers all expenses, transparent.
- How we say no: Honestly, fast, with a referral when we can give one.
Frequently asked
Common questions
- Match the firm type to your case, then vet it. For a minor claim, a high-volume firm is efficient; for a serious injury, a boutique trial firm is structurally better positioned. Ask who handles your file, how trial-ready the firm is, and whether it knows the Texas-specific rules that govern your case.
- Ask who by name will handle your case, how many cases they carry, when the firm last took a similar case to trial, and how you reach your attorney directly. Then read the engagement letter for fee percentages, expenses, and who has authority to settle. Vague answers are bad answers.
- Ask how recently it took a case like yours to verdict and how many suits it filed last year. Insurers track which firms file and which only settle, and they price offers accordingly. A trial-ready lawyer changes the number before negotiations even begin.
- For a serious or catastrophic injury, what matters is not the size of the firm but whether a serious-injury attorney handles your file personally and is willing to try the case. A boutique trial firm offers direct attorney access and a small caseload; a large volume firm offers reach but often routes you to a case manager.
- Three rules matter on nearly every case: the two-year statute of limitations that governs most claims under Tex. Civ. Prac. & Rem. Code § 16.003, modified comparative fault with a 51-percent bar under § 33.001, and damage caps in certain case types such as medical malpractice and government claims. A firm without working knowledge of these will miss deadlines or leave value on the table.
- As early as you reasonably can; the two-year filing deadline under § 16.003 is the outer limit, not the working one. The evidence that decides liability is the most perishable part of a case: intersection and business camera footage is routinely overwritten, vehicles get repaired or scrapped, and witness memory fades. Early counsel exists to preserve that record before it disappears, which is a different job from filing on time.
Let's talk about your case.
Free case review, no obligation. We'll tell you straight whether we can help.