If you or someone you love has sustained a life-altering injury due to negligence, you may be feeling discouraged and overwhelmed. The stress of medical bills, missed work, and ongoing pain can seem impossible to overcome. The personal injury lawyers in East Texas at Winocour Law want you to know you are not alone, and help is available.
We have a long-standing commitment to fighting for people whose lives have been disrupted by negligence, misconduct, or carelessness. We provide trusted legal counsel to help you find justice and move forward on your healing journey. Schedule a free consultation with an East Texas personal injury lawyer who can help you understand your legal options.
Meet Our Attorneys
Jonathan Winocour and Mike C. Miller lead the firm’s personal injury litigation team.
Jonathan Winocour, Founder and Principal Attorney
Jonathan Wincour, founder of the firm, is a top-rated Texas trial attorney with over 20 years of experience and membership in the National Trial Lawyers Top 100. He’s a member of the Texas Trial Lawyers Association and the American Bar Association and has been included in the Top 100 of the National Trial Lawyers Association. Known for his sharp litigation strategy and tireless advocacy, Jonathan takes on the toughest personal injury cases and wins.
Mike C. Miller, Of Counsel
Mike C. Miller, Of Counsel, is a board-certified personal injury lawyer with over 40 years of courtroom success. He’s earned an AV Preeminent Rating and helped recover life-changing compensation in catastrophic injury cases across Texas. A respected leader in the legal community, Mike brings unmatched depth and trial experience to every case.
Our Recent Personal Injury Settlements and Verdicts
$3.8m Commercial vehicle collision
$925k Motorcycle collision
Since its inception in 1889, Winocour Law has fought for Texans facing catastrophic injury, wrongful death, civil rights violations, and workplace injustice. Today, the firm remains dedicated to the same principles that guided their forebearers.
Types of Personal Injury Cases We Handle
Our team of personal injury attorneys in East Texas primarily focuses on high-value personal injury claims, including:
- Car accidents: including multi-vehicle collisions and commercial vehicle cases in Tyler, Longview, Nacogdoches, Marshall, and surrounding areas.
- Workplace injuries: particularly those involving construction, oilfield sites, and heavy equipment.
- Medical malpractice: cases involving surgical errors, diagnostic failures, and other serious medical negligence.
- Slip and fall accidents: when unsafe conditions at personal and commercial properties result in significant harm.
- Product liability: cases where dangerous and defective products harm consumers
For complex trauma cases involving spinal cord injuries, brain damage, or permanent disability, our catastrophic injury attorneys are determined to fight for compensation for the costs of long-term medical care and emotional distress.
How Liability Is Determined in a Personal Injury Case
To hold someone liable in a Texas personal injury case, you must prove four elements of negligence: duty, breach, causation, and damages. In other words, the other party had a responsibility, failed to meet it, caused the injury, and real harm resulted. Texas follows a “modified comparative fault” system. As long as you are not 51% or more at fault, you may still recover damages, though your recovery may be reduced by your share of responsibility.
Filing a Personal Injury Claim in Texas
If you’ve been seriously hurt, the legal process can feel intimidating. To help make it more approachable, here’s a general overview of what you can expect:
Initial Consultation and Case Evaluation
At Winocour Law, the first step to filing a personal injury claim is to review your case. We offer free confidential consultations to determine whether your case merits legal action. There is no pressure or obligation to move forward until you’re ready.
Investigation and Evidence Collection
A strong case starts with a thorough investigation and collecting important evidence, such as interviewing witnesses and consulting with experts when needed. We also review photographs, surveillance footage, accident or police reports, medical records, and, where appropriate, obtain records through subpoenas or discovery.
By carefully piecing together these details, we begin building a clear, compelling claim designed to hold the responsible parties accountable.
Filing the Claim and Legal Proceedings
Once the evidence is gathered, we formally file your personal injury claim and begin the legal process. In many cases, this starts with a demand letter and settlement negotiations with the insurance company. If a fair settlement cannot be reached, we move forward by filing a lawsuit in court. The case may then go through steps such as exchanging evidence (discovery), pre-trial motions, mediation, and, if needed, a trial.
Whether your case settles out of court or goes before a judge and jury depends on factors such as the complexity of the facts, the strength of the evidence, and the opposing party’s willingness to offer fair compensation.
The Role of an East Texas Personal Injury Lawyer
We are a small but deeply experienced law firm, a combination that allows us to provide clients with both attentive service and highly effective representation. This level of service is especially important in the context of a serious personal injury when both the financial stakes and emotional impact are high, especially if your injury has impacted your ability to support yourself and your family.
What we can do for you:
Legal Strategies
At Winocour Law, we develop legal strategies tailored to the specifics of each case, which may include:
- Evidence Analysis: Preserving critical evidence, such as medical records, surveillance footage, and expert testimony, while anticipating and countering the arguments the defense may raise.
- Liability Assessment: Evaluating all potentially responsible parties, such as individuals, businesses, property owners, insurers, or governmental entities under the Texas Tort Claims Act.
- Damages Framework: Outlining economic, non-economic, and punitive damages recoverable under Texas law, supported by expert evaluations when necessary.
- Settlement vs. Trial Path: Preparing parallel strategies — building leverage for settlement negotiations while ensuring readiness for litigation and trial if needed.
- Anticipating Defenses: Reviewing likely defenses and preparing counterarguments.
Settlement Negotiations
Insurance companies are not on your side. Their goal is to minimize payouts, and they often use tactics designed to pressure injured people into settling quickly for less than they deserve. We understand these strategies and know how to counter them with strong evidence, well-prepared arguments, and a clear understanding of Texas insurance and personal injury law.
By handling negotiations on your behalf, your personal injury attorney in East Texas levels the playing field, protects you from unfair settlement offers, and fights for the full compensation you are legally entitled to recover.
Representation in Court
If settlement negotiations do not result in fair compensation, the case may move forward to trial. At this stage, having a skilled injury lawyer is essential. They will present evidence, question witnesses, and argue your case before a judge or jury, making sure your story is heard and your rights are fully protected.
For many clients, knowing they have strong courtroom representation provides peace of mind and ensures that, whether through settlement or verdict, every effort is made to secure the justice they deserve.
Common Challenges in Personal Injury Cases
At Winocour Law, we understand that pursuing a personal injury claim is rarely straightforward. From the outset, injury victims often face obstacles that can delay or derail their case. However, we know how to anticipate the following challenges and overcome them:
- Delays or denial from insurance carriers. These delays can stall much-needed financial relief and place additional pressure on already overwhelmed families.
- Disputes over fault. Even if liability is clear, the other party may argue that you were partially or fully responsible for your own injuries.
- Gaps or inconsistencies in medical records. Missing documentation or unclear treatment timelines can weaken your case and reduce the value of your claim.
- Strict deadlines to file claims. Texas law generally gives victims two years to act, and missing this window may result in losing the right to seek compensation.
At Winocour Law, with proven legal experience, practical insight, and relentless advocacy, we cut through red tape, hold insurers accountable, and fight to secure the full compensation our clients deserve.
Compensation in Personal Injury Cases
Compensation for personal injury claims covers economic and non-economic losses. The former are quantifiable losses like medical bills, property damage, and lost wages. Non-economic damages are intangible losses, including pain and suffering, emotional distress, and a reduced quality of life.
In cases of egregious conduct, like intentional maliciousness or willful disregard for safety, a third category of damages may apply. Punitive damages are meant to punish the other party and deter similar behavior in the future.
When presenting your case, we consider your current expenses and the future impact of your injuries to pursue a resolution that reflects the full extent of your losses.
Frequently Asked Questions
What should I do immediately after an injury in East Texas?
Focus on your health and safety first. Seek medical attention, preserve evidence, and consult an attorney before discussing the incident with insurers.
How do I know if I have a valid personal injury case?
If another party’s negligence caused you serious harm, you may have grounds to file a claim. Clarify your options with a free consultation with Winocour Law.
How long do I have to file a personal injury claim in Texas?
Generally, in Texas, you have two years from the date of injury, or the date you discover the injury, to file a claim. However, there are some exceptions. It’s always wise to consult an attorney for guidance on your situation.
What if I can’t afford a lawyer?
At Winocour Law, we believe everyone should have access to legal counsel. That is why we work on a contingency basis, meaning legal fees are only collected if we recover compensation on your behalf.
Legal Help from a Texas Trial Team
For over 135 years, our Texas trial lawyers have been fighting for the injured and the oppressed, standing firm in the tradition of bold advocacy established by Franklin Jones Sr. and carried forward through four generations.
From our offices in Dallas, we work with individuals and families across East Texas and throughout the state. If your serious injury was caused by the negligence of another party, you don’t have to face the legal system alone. We offer the focused and compassionate guidance you need to confidently move forward.
A confidential case review with a Dallas personal injury lawyer is the first step. Contact us to schedule yours today.