Filing a Personal Injury Claim in Texas
June 30, 2022
In 2020, according to the Texas Department of Transportation, a total of 205,498 people were injured in motor vehicle crashes in Texas, and those crashes resulted in 14,656 people who sustained a serious injury. Texas roads can be dangerous, and accidents happen far more often than they should.
If you or a loved one has been in a car accident or any type of accident that left you with an injury, it is essential to know more about filing a personal injury claim in Texas.
When you are facing a mountain of medical bills for an injury that wasn’t your fault, speak with an experienced Texas personal injury attorney to learn about your options. At Hildebrand & Wilson, LLP, we always aim to work harder than our opponents to seek the best outcome for our clients. We work closely with each of our clients to ensure that we are acting to satisfy their needs. The attorneys at Hildebrand & Wilson, LLP proudly represent clients in Pearland, Texas, Houston, Dallas, Austin, San Antonio, and Corpus Christi.
Personal Injury Claims in Texas
One of the most crucial facts you should know about filing a personal injury claim in Texas is that Texas is an at-fault state. In an at-fault state, the driver or person responsible for the injury can be held financially responsible for the costs that the injured person incurred due to the accident.
This means that, instead of the injured person’s insurance company paying for the costs caused by the accident, the insurance company of the person at-fault for the accident will be responsible.
There are several steps in the process of filing a personal injury claim. First of all, it is vital to follow all reporting requirements. If you were in a car accident, it is wise to report the accident immediately to the police. In other types of accidents, you should report the accident to the interested party, such as your employer or the property owner, as soon as possible.
You also need to report the accident to the insurance companies as soon as possible. Ask your personal injury attorney if you should report the accident to both your insurance company and the responsible party’s insurance company.
Your next step is to file a claim, which you may do with your own insurance company, against the at-fault person or against the at-fault driver. Speak with an experienced personal injury attorney to learn more about this process.
Then, it is critical that you are able to prove that the responsible party was negligent or careless and that their careless actions led to your injury. For example, you can prove that the driver carelessly ran a red light, which caused the accident. Or you may be able to prove that a property owner did not fix a broken step and posted no signage warning visitors that the step was broken, which caused you to fall and break your ankle.
After you file your claim, you will be able to review the settlement offer from the insurance adjuster. If the settlement offer does not cover all of the expenses related to your injury, you may be able to reject the settlement offer.
For example, if the settlement offer includes compensation for your medical bills, but not your lost income from missing time at work to attend your doctor’s appointments, that could be a strong reason to reject your settlement offer. Speak with an experienced personal injury attorney to learn more about how you should approach your settlement offer.
Statute of Limitations
The statute of limitations is the deadline after which you will no longer be able to file a claim or a lawsuit against the party responsible for your injuries. In Texas, the statute of limitations for filing a personal injury claim is two years from the date of the accident. Once two years have passed, you will no longer be able to file a claim.
Possible Compensation or Damages
Damages are the financial compensation you could receive from the accident. In addition, Texas follows the modified comparative fault rule. So, in the case of a car accident, if you were 25% at-fault for the car accident, then your compensation would be reduced by 25%. If you were found to be more than 50% at-fault for the accident, you cannot recover any compensation for it.
In Texas, you can sue for both economic and non-economic damages. Economic damages come with a specific dollar amount, such as medical bills and lost income from missing time at work. Non-economic damages do not have a specific dollar amount and include damages such as pain and suffering.
How an Experienced Attorney Can Help
Navigating the legal system on your own after a serious accident can be confusing and exhausting. An experienced personal injury attorney can inform you of your options and provide guidance about which choices could help your case the most. Your attorney will evaluate the details of your accident and the documentation related to it before helping you craft a legal strategy.
Personal Injury Attorneys Serving
If you are facing expensive medical bills for injuries caused by an accident that wasn’t your fault, it’s essential to seek financial compensation from the person who caused the accident. At Hildebrand & Wilson, LLP, our attorneys help our clients navigate the claims process and seek the best possible outcome. Our attorneys represent clients in Pearland, Texas, Dallas, Houston, Corpus Christi, Austin, and San Antonio. Contact us today for a free case review.