If you’ve been injured in an accident in Texas, you likely have many questions about what happens next. You may be wondering who will pay your medical bills, how to deal with insurance companies, or whether you should hire a lawyer.
This guide will address the most frequently asked questions about Texas personal injury law and help you understand your rights following an accident.
What Is Personal Injury Law in Texas?
Personal injury law applies when someone is hurt because of another person’s negligence, carelessness, or intentional wrongdoing. Common examples include car accidents, workplace injuries, slip and falls, and medical malpractice.
The purpose of personal injury law is to help the injured person recover compensation for their losses. These losses can include medical expenses, lost wages, pain and suffering, and more.
In Texas, to win a personal injury case, you must show that another person’s negligence caused your injuries. Negligence occurs when someone fails to exercise reasonable care, and that failure results in harm. Proving negligence is the foundation of a successful claim.
What Should You Do After an Accident?
The first and most important step is to get medical attention. Even if your injuries seem minor, some symptoms appear hours or days later. Seeing a doctor ensures that you receive the necessary treatment and creates a record that connects your injuries to the accident.
After you’ve received care, try to document everything. Take photos of the scene, your injuries, and any property damage. Write down the names and contact information of any witnesses. Keep copies of your medical bills, doctor’s notes, and any communication with insurance companies.
Finally, avoid speaking to the other party’s insurance adjuster before consulting a lawyer. Insurance representatives may try to settle quickly and for less than you are entitled to. Consulting with an attorney first helps protect your rights and ensures you don’t say anything that could harm your case later.
How Long Do You Have to File a Claim?
Texas law generally gives you two years from the date of the accident to file a personal injury lawsuit. This rule, known as the statute of limitations, is strict. If you miss the deadline, you will likely lose your right to seek compensation in court.
There are some exceptions. For example, if the injured person is under 18 or if the injury wasn’t discovered immediately, the deadline may be extended. However, these situations are uncommon. It’s always best to speak with a personal injury lawyer as soon as possible to make sure your case is filed on time.
What Types of Compensation Can You Receive?
The damages available in a personal injury case depend on the nature of your accident and the extent of your injuries. In Texas, compensation generally falls into three categories: economic, non-economic, and punitive.
Economic damages include measurable losses like medical bills, physical therapy expenses, lost wages, and property damage. Non-economic damages address the emotional and physical pain that can’t easily be measured in dollars, such as stress, anxiety, and loss of enjoyment of life. These two types of damages are collectively referred to as compensatory damages.
In rare cases, punitive damages may be awarded when the at-fault party acted with extreme recklessness or intentional harm, such as driving drunk or engaging in dangerous misconduct. They are intended to punish the liable party rather than compensate the victims.
How Does Shared Fault Work in Texas?
Texas follows a modified comparative negligence system. This means that if you were partly at fault for the accident, you can typically still recover compensation as long as you were not more than 50% responsible. Your total compensation will usually be reduced by your percentage of fault.
For example, if you were found 30% at fault and your total damages were $100,000, you would likely still receive $70,000.
Because fault is often disputed, it’s important to have an experienced attorney who can collect evidence, interview witnesses, and argue your case to ensure your share of responsibility is fair and accurate.
How Much Is a Personal Injury Case Worth?
There’s no one-size-fits-all answer to this question. The value of a case depends on several factors, including the seriousness of your injuries, how much treatment you need, the effect on your ability to work, and how the injury impacts your daily life.
Other factors, such as the amount of available insurance coverage and whether the case settles or goes to trial, also play a role. A personal injury lawyer can review the details of your case, gather medical evidence, and work with experts to calculate the full value of your claim. This ensures that you don’t settle for less than what your injuries truly warrant.
Contact Our Dallas Personal Injury Lawyers at Nash Law Personal Injury Lawyers for a Free Consultation
Recovering from an accident can be overwhelming, but understanding your rights helps you take back control. You don’t have to navigate the legal system alone. An experienced Dallas personal injury lawyer can explain your options, negotiate with insurance companies, and fight for the compensation you deserve.
If you’ve been hurt in an accident caused by someone else’s negligence, contact Nash Law Personal Injury Lawyers today at (214) 831-4414 for a free consultation. The sooner you get help, the sooner you can focus on healing and rebuilding your life.
Visit Our Personal Injury Law Office in Dallas, TX
Nash Law Personal Injury Lawyers Dallas
2807 Allen St #2033, Dallas, TX 75204
(214) 831-4414
