Understanding Personal Injury Law in Texas
Personal injury law is a body of statutes, procedures, and case law that allow victims to seek financial compensation when another party’s negligence causes them harm. Serious injuries can result in expensive medical bills, loss of income, and extensive pain and suffering. Texas civil law provides those harmed an avenue to recover their losses as long as the victim is not primarily responsible for the accident.
The Personal Injury Legal Process
Below is an outline of the general process of making a personal injury claim in Texas:
- Get Medical Documentation – Before doing anything else, see a doctor about your injuries. You will need a medical diagnosis to file a personal injury claim. It will be more challenging to make a claim the longer you wait to seek medical treatment.
- File an Insurance Claim – If the person who caused the accident has a relevant insurance policy, you may have a right to file a claim against the at-fault individual’s insurance. The insurance company will investigate the claim to decide if their policyholder is to blame and how much the accident has cost you. A Texas personal injury attorney can conduct an independent investigation on your behalf and determine the amount needed to reach a fair settlement.
- Send a Demand Letter – Your attorney will send a demand letter detailing the facts of the accident and what fair compensation entails. If the insurance company agrees, you can settle your claim. If the insurance company disputes the claim, your lawyer will negotiate with the insurer to try to reach a reasonable settlement.
- File a Lawsuit – If you and the insurance company cannot reach a settlement, the next step is to file a personal injury lawsuit. An experienced personal injury attorney can pursue litigation on your behalf, presenting your case to a court as necessary.
Statute of Limitations for Personal Injury Lawsuits in Texas
The general statute of limitations for personal injury lawsuits in Texas is two years from the accident date. If the statute of limitations expires, you won’t be able to file a lawsuit and can’t recover compensation.
Texas law allows extensions of the statute of limitations in specific circumstances. For example, if you get in a car accident, but your injuries are not apparent for a few months, you may be allowed more time to file a case. The clock on the statute of limitations would start when your injuries were discovered. This discovery rule exists to mitigate the unfairness if there were no reasonable way you could have known you had an injury.
Damages in Personal Injury Cases
Compensation in personal injury cases serves to redress both economic and non-economic damages.
- Economic damages are losses that have a monetary value, such as medical bills, lost income, reduced earning potential, and property damage.
- Non-economic damages are losses without a specific dollar amount. The most common example is pain and suffering. Others include emotional distress and diminished quality of life.
A Texas personal injury attorney can calculate your economic losses and determine the appropriate amount to demand for pain and suffering to provide fair compensation for your losses.
Common Mistakes in Personal Injury Cases
Documentation and precision are key to a successful personal injury case. Many accident victims see their claims denied or reduced because they lack proper documentation.
A knowledgeable personal injury lawyer can help you avoid these common mistakes that could delay or disrupt your claim:
- Waiting too long to get medical care
- Not documenting the accident scene
- Waiting too long to file a lawsuit
- Discussing the case outside of formal channels
- Not consulting an attorney
Need to Discuss Your Case? Contact Us Now
Time is of the essence when pursuing Texas personal injury claims, so don’t delay. Contact Law Offices of Troy A. Brookover online or call today for a free consultation about your legal option for seeking justice after an injury.
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