J.D. Silva & Associates is a Pearland personal injury law firm with an office at 9307 Broadway St. If you were injured by someone else’s negligence, our personal injury lawyers handle car accidents, truck accidents, workplace injuries, and wrongful death throughout Brazoria and Harris County.

Free Consultations. No Fee Unless We Win for You.

Why Pearland Injury Victims Choose J.D. Silva & Associates

J.D. Silva & Associates was founded in 2018 by Johnathan D. Silva, a Navy veteran and former military medic. Mr. Silva’s medical background shapes how the firm approaches injury cases.

What sets our firm apart is the depth of our personal injury attorney bench. J.D. Silva & Associates has assembled a legal team with experience on both sides of personal injury litigation, including:

  • Rated 5.0 out of 5 across more than 1,500 Google reviews
  • Free consultations. No fee unless we recover compensation for you.
  • Insurance defense experience. Kenyon Moore previously served as a Senior Trial Attorney for Allstate and Trial Counsel for State Farm. He knows how insurance companies evaluate claims, what they look for, and where they undervalue injuries.
  • Government prosecution experience. Ricky Hernandez previously served as a Harris County Assistant District Attorney. He brings courtroom experience from the state’s side to injury victims.
  • Bilingual representation. The firm’s attorneys include Spanish-speaking lawyers. The firm represents both English- and Spanish-speaking clients throughout Pearland and the Houston area.
  • Federal court admissions. Several of the firm’s attorneys are admitted to the U.S. District Court for the Southern District of Texas and other federal districts.
  • Recognition. The firm’s lawyers include Texas Super Lawyers honorees, National Black Lawyers Top 100 / 40 Under 40 recipients like Sharrard Owens, and attorneys Barrett Beck and Travis Grefenstette who have recovered more than $100 million in verdicts and settlements across their careers.

hilario ricky hernandez rising stars

Pearland is one of the fastest-growing communities in the Houston area. More growth means more traffic on SH-288, FM 518, Beltway 8, Pearland Parkway, and Cullen Parkway. It means more commercial vehicles, more construction, and more crashes near Shadow Creek Ranch, Silverlake, and the Texas Medical Center. Our firm knows the roads, the venue, and the insurance carriers you will be dealing with.

Types of Personal Injury Cases We Handle in Pearland

Our firm represents injured people in a wide range of personal injury claims. These are the cases we handle most often.

Car Accidents

Car accidents are the most common personal injury claim we see. They happen on SH-288, FM 518, Beltway 8, and the residential streets that feed into them. Common causes include distracted driving, speeding, drunk driving, and unsafe lane changes. If you were rear-ended, T-boned, or hit head-on, the other driver’s negligence may entitle you to compensation. Learn more about Pearland car accident claims.

Truck Accidents

Truck accident cases are different from car accident cases. Commercial trucks are regulated by federal and state safety rules. Driver logs, electronic data, maintenance records, and company safety policies all matter. These records can disappear quickly if they are not preserved. Our firm acts fast to protect evidence in truck crash cases. Learn more about Pearland truck accident claims.

Motorcycle Accidents

Motorcycle accidents are among the most dangerous crashes on Texas roads. Motorcyclists face bias. Adjusters, jurors, and even other drivers sometimes assume the rider was speeding or riding recklessly. We fight that assumption with evidence. If a driver failed to yield, changed lanes into you, or misjudged your speed, the crash is their fault, not yours. Learn more about Pearland motorcycle accident claims.

Workplace Injuries

Work injuries in Pearland often involve construction, refinery, and industrial work. These cases can involve multiple responsible parties: the employer, a contractor, a subcontractor, or the manufacturer of defective equipment. Texas workers’ compensation rules are complex, and some employers are not covered. We help injured workers understand their options. Learn more about Pearland work injury claims.

Wrongful Death

When negligence causes a death, families need answers. Texas law allows certain family members to pursue wrongful death and survival claims. These cases require proof of the full human and financial loss, including funeral expenses, lost income, and the loss of companionship. Learn more about Pearland wrongful death claims.

Premises Liability and Slip and Fall

Premises liability is the area of Texas law that holds property owners responsible when unsafe conditions cause injury. Property owners in Pearland have a duty to keep their premises safe. If you slipped on a wet floor, tripped on a broken sidewalk, or were injured because of unsafe conditions, the owner may be liable. Premises cases turn on notice: did the owner know about the hazard and fail to fix it? We investigate what the owner knew and when they knew it. Learn more about Pearland slip and fall claims.

Product Liability

If a defective product caused your injury, the manufacturer, distributor, or seller may be liable. Product liability claims can involve defective design, manufacturing defects, or failure to warn. These cases often require expert witnesses and careful preservation of the product itself.

Dog Bites and Animal Attacks

Dog bite claims in Texas can be difficult because the law does not impose strict liability in every case. You may need to prove the owner knew the dog was dangerous. We investigate the animal’s history and the owner’s conduct.

Texas Personal Injury Law: What Pearland Victims Need to Know

Texas law affects every personal injury claim. Three rules matter most: the deadline to file, how fault is allocated, and special notice requirements for government claims. These rules can decide whether your case survives at all.

The Two-Year Statute of Limitations

Texas has a statute of limitations for personal injury lawsuits. It sets the deadline for filing suit. Under Texas Civil Practice and Remedies Code § 16.003, the statute reads:

“A person must bring suit for . . . personal injury . . . not later than two years after the day the cause of action accrues.”

Two years sounds like a long time. It is not. Evidence disappears. Witnesses move. Video gets overwritten. Insurance companies use the time to build their file while yours sits. If you miss the two-year deadline, your right to sue is gone, regardless of how strong your case was. There are narrow exceptions for minors and for claims involving fraud, but the two-year rule is the general rule. Treat it as a hard deadline.

Proportionate Responsibility

Texas uses a doctrine called proportionate responsibility. It is a form of modified comparative fault: each party pays damages in proportion to their share of fault, and a claimant who is more than 50 percent responsible recovers nothing. The rule is in Texas Civil Practice and Remedies Code § 33.001:

“In an action to which this chapter applies, a claimant may not recover damages if his percentage of responsibility is greater than 50 percent.”

This is called the 51% bar. If a jury finds you were 50% responsible or less, you can still recover damages, but your award is reduced by your share of fault. If you were 51% responsible, you recover nothing. Insurance companies use this rule aggressively. They try to shift blame onto the injured person to reduce or eliminate the payout. Early investigation matters. Photos, video, witness statements, vehicle data, and expert analysis can prevent an insurer from unfairly shifting blame.

Claims Against Government Entities

If a city vehicle, school bus, or government employee caused your injury, different rules apply. The Texas Tort Claims Act is the statute that governs lawsuits against state and local government entities in Texas. It requires notice to the governmental entity much sooner than the two-year deadline. Under Texas Civil Practice and Remedies Code § 101.101:

“A governmental unit is entitled to receive notice of a claim against it under this chapter not later than six months after the day that the incident giving rise to the claim occurred.”

Some city charters require notice in as little as 30 to 90 days. Missing this notice is a jurisdictional bar. The case is dismissed before it reaches a jury. If your accident involved a government vehicle or a government employee, call a lawyer immediately.

What to Do After an Accident in Pearland

What you do in the first hours and days after a crash can shape the entire claim. Here is what matters.

  • Call 911 and request a police report. A police report creates an official record. For motor vehicle crashes, Texas law enforcement submits crash reports to the state, and those records are maintained by TxDOT. See TxDOT crash reports and records for more information.
  • Get medical care immediately. Some injuries, like whiplash, traumatic brain injuries, and soft tissue damage, do not show symptoms right away. Waiting to see a doctor makes it harder to link the injury to the crash.
  • Document the scene. Take photos of the vehicles, the road, your injuries, and any hazards. Get names and contact information from witnesses before they leave.
  • Do not give a recorded statement to the insurance company. Adjusters may ask for a statement early, before you know the full extent of your injuries. You are not required to give one. What you say can be used against you later.
  • Save everything. Medical records, bills, repair estimates, wage loss documentation, photos, and messages from insurers. Create a file and keep adding to it.
  • Call a lawyer early. Evidence can disappear in weeks. Early legal action helps preserve the proof you need.

Insurance companies start building their file on day one. They may contact you before you have even seen a doctor. Be polite, but do not discuss fault, do not speculate about your injuries, and do not accept a settlement offer before you understand the full value of your claim. If you have questions, contact us for a free consultation.

Compensation Available in a Pearland Personal Injury Claim

Texas law allows injured people to recover several categories of damages. The exact amount depends on the facts of your case: the severity of your injuries, the available insurance coverage, whether fault is disputed, and the long-term impact on your life.

  • Economic damages. These are measurable financial losses. They include past and future medical bills, lost wages, reduced earning capacity, property damage, and rehabilitation costs.
  • Non-economic damages. These are harder to quantify but no less real. They include pain and suffering, mental anguish, physical impairment, disfigurement, and loss of enjoyment of life.
  • Punitive damages. In some cases, a jury may award punitive damages to punish a defendant for especially reckless conduct, such as drunk driving or gross negligence. Punitive damages are not available in every case.

In cases where fault is shared, Texas Civil Practice and Remedies Code § 33.001 requires the court to reduce your award by your percentage of responsibility. If you are 51% at fault, you recover nothing.

No lawyer can honestly promise you a specific amount before reviewing the evidence. Be wary of any firm that does. What we can promise is that we will investigate the facts, document your injuries fully, and pursue the compensation you are entitled to under Texas law.

Frequently Asked Questions About Pearland Injury Claims

How long do I have to file a personal injury lawsuit in Pearland, Texas?

In most cases, two years from the date of the accident. Texas Civil Practice and Remedies Code § 16.003 sets the deadline. Claims against government entities may require notice within six months. Talk to a lawyer as soon as possible so no deadline is missed.

How much is my Pearland personal injury case worth?

It depends on your injuries, your medical expenses, your lost income, the available insurance coverage, and whether fault is disputed. Serious injuries often require expert analysis to determine future care needs and lost earning capacity. There is no formula that applies to every case.

What if I was partly at fault for the accident?

Texas law allows you to recover if you were 50% responsible or less. Your award is reduced by your share of fault. If you were more than 50% responsible, you cannot recover. Texas Civil Practice and Remedies Code § 33.001 explains the rule.

How long will my case take?

Most personal injury cases settle without a trial. Cases that settle usually resolve within a few months to a year after treatment is complete. Cases that go to trial can take 18 months to three years or longer. The timeline depends on the complexity of the case, the willingness of the insurance company to negotiate, and the court’s schedule.

How much does it cost to hire J.D. Silva & Associates?

Nothing upfront. We handle personal injury cases on a contingency fee basis. You pay no attorney fees unless we recover compensation for you. If we do not win, you owe nothing.

Do I need a lawyer if the insurance company already offered a settlement?

Be careful. Early settlement offers often fail to account for future medical care, permanent limitations, and lost earning capacity. Once you accept an offer, you cannot go back for more. Have a lawyer review the offer before you sign anything. There is no cost for a consultation.

Contact Our Pearland Personal Injury Lawyers

If you were injured in Pearland because of someone else’s negligence, do not wait. Texas law limits the time you have to file a claim, and evidence can disappear quickly. Call J.D. Silva & Associates at 281-971-3200 or contact us online to schedule a free consultation.

Contact us to see how we can help!

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Pearland, Texas J.D. Silva & Associates
9307 Broadway St Suite 303
Pearland, TX 77584
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McAllen, Texas J.D. Silva & Associates
805 Dallas Ave
McAllen, TX 78501
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