Houston Personal Injury Attorney

Personal injury is the foundation of David Mestemaker's practice. For 37 years, he has represented Texans who were injured because someone else was careless, reckless, or negligent. Car accidents. Motorcycle wrecks. Pedestrian collisions. Slip-and-falls. Dog attacks. Defective products. If someone else caused your injury, David has the courtroom experience to hold them accountable.

Most personal injury attorneys in Houston have tried a handful of cases. Many have never seen the inside of a courtroom. David has tried more than 300 cases to verdict. That is not a marketing number — it is a record built over nearly four decades of walking into courtrooms when other attorneys would not.

Why Trial Experience Changes Everything

Insurance companies track which attorneys actually go to trial. They know who bluffs and who follows through. When an adjuster sees David Mestemaker's name on a demand letter, the calculation changes. They know he will try the case if the offer is not fair. That reputation does not come from advertising — it comes from 300+ verdicts.

Most PI firms operate on volume. They sign up hundreds of clients and settle every case for whatever the insurance company offers, because going to trial costs money and they cannot afford the risk. David's practice is built differently. Every case gets prepared as if it is going to trial, because that is the only way to maximize the value of your claim.

Types of Personal Injury Cases We Handle

David represents clients across the full range of personal injury claims in Texas. Car and truck accidents are the most common, but his practice extends to any situation where negligence caused harm. Motorcycle accidents, where riders face disproportionate injuries and biased juries. Pedestrian and bicycle accidents, where distracted drivers cause devastating injuries. Catastrophic injuries including spinal cord damage, traumatic brain injuries, amputations, and severe burns.

He also handles product liability cases — when a defective product injures a consumer, the manufacturer, distributor, and retailer can all be held liable under Texas law. And premises liability cases, where property owners fail to maintain safe conditions.

What to Do After an Injury in Houston

If you have been injured, get medical attention first. Document everything — photos of the scene, contact information for witnesses, and a record of your symptoms and treatment. Do not give a recorded statement to the other party's insurance company. Their job is to minimize what they pay you, and anything you say can be used against your claim.

Contact an attorney before accepting any settlement offer. Insurance companies often make early offers that seem reasonable but fall far short of what your case is worth — especially when you factor in future medical costs, lost earning capacity, and pain and suffering. David offers a free 60-minute consultation to evaluate your case and explain your options.

No Fees Unless We Win

David works on a contingency fee basis for personal injury cases. You pay nothing upfront and nothing out of pocket. His fee comes from the recovery — if there is no recovery, there is no fee. That structure means David only takes cases he believes in, and his interests are aligned with yours from day one.

How Personal Injury Cases Work in Texas

People assume a personal injury case means filing a lawsuit and going to court. In reality, the process has several distinct phases, and most cases resolve before trial. But the ones that resolve well resolve because the attorney prepared for trial from day one.

Investigation comes first. David reviews the accident scene, obtains the police report or incident report, interviews witnesses, secures surveillance footage, and gathers your medical records. For cases involving commercial vehicles, defective products, or hazardous premises, this phase may also include hiring accident reconstructionists, biomechanical engineers, or other experts.

Once the investigation establishes liability and damages, David sends a demand package to the at-fault party's insurance carrier. This is a formal presentation of your claim — the evidence of fault, your medical records and bills, documentation of lost wages, and a calculation of your non-economic damages.

If negotiation fails to produce a fair result, David files a lawsuit in the appropriate Texas court — typically a Harris County district court for Houston-area cases. Filing triggers the formal litigation process, including discovery, where both sides exchange documents, answer interrogatories, and take depositions.

Most Texas courts require mediation before trial. A neutral mediator works with both sides to find a settlement. Mediation resolves the majority of personal injury cases — but only produces a fair result when the plaintiff's attorney has built a trial-ready case. If the case does not settle, it goes to a jury.

Texas Comparative Negligence Law

Texas follows a modified comparative fault system under Texas Civil Practice and Remedies Code Section 33.001. If you were partially at fault for the accident, you can still recover damages — but only if your percentage of fault does not exceed 50 percent.

If a jury finds you 20 percent at fault and the defendant 80 percent at fault, your total damages are reduced by your percentage of responsibility. On a $500,000 verdict, you would recover $400,000. But the moment your fault hits 51 percent or higher, you recover nothing. That is the 51 percent bar rule, and it is absolute.

Insurance companies exploit this rule aggressively. Their defense strategy is often to shift enough blame onto you to cross that 51 percent threshold. They will argue you were distracted, speeding, failed to keep a proper lookout, or contributed to the accident in some way.

When multiple defendants are involved, Section 33.003 requires the jury to assign a specific percentage of responsibility to each party. A defendant found more than 50 percent responsible is jointly and severally liable for economic damages. Defendants at 50 percent or below are only liable for their proportionate share.

Types of Damages Available in Texas

Texas personal injury law divides damages into three categories: economic damages, non-economic damages, and exemplary (punitive) damages.

Economic damages compensate for financial losses you can calculate: past medical expenses, future medical expenses projected by a life care planner, lost wages from the date of injury through the present, and lost earning capacity — the reduction in your ability to earn income in the future.

Non-economic damages compensate for losses without a specific dollar figure: physical pain and suffering (past and future), mental anguish, physical impairment, disfigurement, and loss of consortium. Texas does not cap non-economic damages in most personal injury cases. The major exception is medical malpractice, where Chapter 74 of the CPRC imposes a $250,000 cap per physician and $500,000 for hospitals.

Exemplary damages under Chapter 41 of the CPRC exist to punish grossly negligent, fraudulent, or malicious conduct. Under Section 41.008, they are capped at the greater of $200,000 or two times the amount of economic damages plus non-economic damages up to $750,000. The standard of proof is clear and convincing evidence.

Common Injuries and Their Long-Term Impact

David's biology degree from the University of Michigan gives him a working understanding of human anatomy and injury mechanisms that most attorneys lack. When a doctor explains a disc herniation or a diffuse axonal injury, David understands the science — and that understanding translates directly into how he presents injuries to a jury.

Traumatic brain injuries range from concussions that resolve in weeks to severe injuries that permanently alter personality, cognitive function, and the ability to work. TBI symptoms — headaches, difficulty concentrating, mood changes — are invisible. MRIs and CT scans may appear normal even when the patient is profoundly impaired. David works with neuropsychologists who document the functional deficits imaging alone cannot show.

Spinal cord injuries change everything instantly. Complete cervical injuries result in quadriplegia. Thoracic and lumbar injuries cause paraplegia. The lifetime cost of care for a spinal cord injury patient can exceed $5 million depending on the level of injury and patient age.

Severe burn injuries require specialized treatment at burn centers — Houston is home to some of the best, including Memorial Hermann's burn unit. Burns cause excruciating pain, require multiple surgeries including skin grafts, and leave permanent disfigurement. Many burn survivors develop PTSD.

Every injury has a trajectory. David's job is to make sure the jury understands not just where you are today, but where the injury takes you over the next 20, 30, or 40 years.

Houston-Specific Injury Statistics

Harris County consistently ranks as the deadliest county in Texas for motor vehicle crashes. According to TxDOT, Texas has not had a single deathless day on its roadways since November 7, 2000. Harris County accounts for a disproportionate share of those fatalities year after year.

The most dangerous corridors are the ones Houstonians drive every day — Interstate 45 between downtown and Galveston, the I-10 and I-69/US-59 interchange known as the "Spaghetti Bowl," Beltway 8 through the energy corridor, and the I-610 loop. These highways carry massive volumes of passenger vehicles and commercial trucks at high speeds through congested conditions.

Houston covers over 670 square miles, and its residents drive more miles per capita than nearly any other major metro area. More miles means more exposure to risk. Combine that with aggressive driving, distracted driving, and the volume of commercial truck traffic serving the Port of Houston and the petrochemical corridor, and you have a recipe for catastrophic injuries.

Pedestrian and cyclist fatalities have increased sharply in Houston. Many Houston roads were designed for vehicle throughput, not pedestrian safety. Lack of sidewalks, poorly lit crosswalks, and high-speed arterials through residential neighborhoods contribute to pedestrian deaths that are entirely preventable.

Dealing with Insurance Companies

Insurance companies are not on your side — even when it is your own insurer. Their business model depends on collecting premiums and paying out as little as possible. The adjuster assigned to your claim is there to close your file for the lowest possible number.

The recorded statement is the most common trap. Within days of an accident, an adjuster will ask for a "recorded statement," framing it as routine. They ask leading questions designed to get you to admit fault, minimize injuries, or contradict your medical records. Do not give one without speaking to an attorney first.

Early settlement offers exploit financial pressure. The adjuster contacts you while you are still in pain, still missing work, and offers a check. It is almost always a fraction of what the case is worth. Once you accept and sign a release, you can never come back for more.

Surveillance is standard. If you have filed a significant claim, assume you are being watched. Insurance companies hire investigators to photograph and video you. Social media monitoring is the modern extension — adjusters review every public post on your accounts. A photo of you smiling at a family event can be presented as evidence you are not suffering.

When David is on your case, all communication with the insurance company goes through his office. The adjuster does not call you. They deal with an attorney who has tried more than 300 cases and knows their playbook. That changes the dynamic entirely.