A serious injury can turn your life upside down in an instant. Between physical pain, accumulating medical bills, the inability to work, and the possibility of permanent disability, it can be difficult to know what to do next. In this situation, a personal injury lawyer can be a literal lifesaver.
Texas personal injury laws make it possible for injury victims to recover the compensation they need to get their lives back. Here’s an overview of some of the most important points to know.
What Do Personal Injury Laws Cover?
Personal injury cases are filed when an injured person believes someone else was legally responsible for the harm they suffered. These claims can be based on negligence or intentional acts, but the former condition is cited more frequently.
You can file a personal injury claim over nearly any type of injury. Some of the most common include:
- Car, truck, and motorcycle accidents
- Premises liability cases
- Medical malpractice
- Workplace injuries
- Pedestrian and bike accidents
- Dangerous or defective products
- Dog bites
- Wrongful death
Some personal injury law firms handle injuries stemming from any cause. Others hone in on a particular subset of cases, such as medical malpractice claims. This area of the law is incredibly nuanced, so many firms that handle medical malpractice cases focus on them exclusively.
How Long Do You Have to File a Personal Injury Lawsuit?
Texas has a two-year statute of limitations for most personal injury cases. This means that you have two years from the date of the injuring event to take legal action by filing your lawsuit.
However, it’s ideal to consult a personal injury lawyer as soon as you reasonably can. Evidence can disappear or become harder to track down over time. If your lawyers can start investigating quickly, you’ll have a better chance of success.
What Happens if You Were Partially at Fault for the Accident?
Some accidents are the fault of a single actor. However, in many instances, the injured party contributed in some way.
Texas’s modified comparative negligence law allows you to recover compensation as long as you weren’t more than 50% at fault. However, your total compensation will be reduced by your determined percentage of fault.
Types of Damages You May Recover in a Personal Injury Case
In a personal injury case, compensation for the victim’s losses is referred to as “damages.” There are two main categories of damages:
- Economic damages
- Non-economic damages
Economic damages provide compensation for monetary losses like medical bills, lost income, and property damage. Non-economic damages, meanwhile, are meant to offset intangible losses like pain and suffering and loss of enjoyment of life.
The Role of Insurance in Personal Injury Claims
Most personal injury lawsuits start out as insurance claims. In many instances, the insurance companies will quickly offer the victim a very low settlement.
You should never accept any settlement offer before talking to a lawyer. Insurance companies aren’t on your side — their main objective is to pay out as little as possible. Insurers know that most people don’t understand the true value of their claims, and they’re banking on that fact.
Insurance adjusters may try to convince you to provide a statement after your injury, then spin your words to justify denying or underpaying your claim.
It’s wise to avoid talking to insurers without meeting with a lawyer first. Once you’ve retained legal representation, your lawyer will handle all necessary communications.
How Does the Personal Injury Claims Process Work?
Once you’ve hired a lawyer, your case will generally proceed through the following steps:
- Investigating the accident and gathering evidence
- Constructing a legal argument
- Filing an insurance claim and attempting to negotiate a settlement
- Filing a lawsuit if negotiations are unsuccessful
- Arguing your case in court
The vast majority of personal injury cases settle out of court. However, if your attorney and the insurance company can’t agree on a settlement amount, your case will need to be decided by a jury in a civil trial.
Why Legal Representation Matters
Personal injury lawyers have a strong working knowledge of Texas personal injury law, but that’s not the only reason skilled legal representation is important. Experienced legal professionals are better equipped to negotiate higher settlements, and if your case goes to court, you stand a greater chance of winning.
Your lawyer can ensure that your rights are protected and help you navigate the often-confusing legal process at every stage. And when you know your case is in good hands, you’ll have the freedom to focus on healing.
FAQ
How Much Is My Case Worth?
Without knowing the specifics of your case, it’s impossible to say how much it may be worth. During your free consultation with Ramsey Law Group, one of our attorneys can give you an idea of the compensation you may be able to recover.
Can I File a Personal Injury Lawsuit as a Crime Victim?
In many cases, yes. You won’t receive damages if the perpetrator is convicted in criminal court. Filing a personal injury lawsuit in civil court gives you a chance to recover compensation for your losses.
How Long Does It Take to Finalize a Personal Injury Case?
It depends on the circumstances. Relatively straightforward cases can sometimes be settled in a matter of months, while complex cases and those that must be decided in court can sometimes take years.
Turn to Personal Injury Attorneys You Can Trust
You can’t undo the incident that caused your injury, but you can take the next step to help yourself — hiring a qualified personal injury lawyer to represent you.
Ramsey Law Group team has more than 35 years of proven success, and we’re ready to put our experience to work for you. Contact us today to book your free consultation.