Personal injury claims can seem complicated at first, but with the help of an experienced Texas personal injury attorney, they can be made easier to handle.
If you or a loved one sustained injuries in an accident in Texas, a lawyer can help you file a claim and get compensation for your losses.
Keep reading to learn how personal injury claims work in Texas, how you can file one, and what you can get compensated for.
How Personal Injury Claims Work In Texas
Texas personal injury law states that when someone is injured in an accident caused by the negligence of someone else, they can pursue a settlement from the liable party.
For example, if someone rear-ends you in a motor vehicle accident and you are injured, you can pursue a settlement from the at-fault driver or their insurance company.
Personal injury lawyers have years of experience holding liable parties accountable and getting claimants the compensation that they deserve.
Step-By-Step Guide To Filing a Personal Injury Claim In Texas
Most people don’t have much experience with personal injury claims, and they don’t know how the process works.
The legal team at Florin|Roebig is composed of experts in Texas personal injury law, and they can walk you through the claims process.
Use the following step-by-step guide to file a claim after an accident in Texas:
Step 1: Filing Your Claim
The first step is to officially file a personal injury claim against all liable parties. The claim notifies the liable parties that you are pursuing a settlement for your damages.
An experienced lawyer from a personal injury law firm can help you file your claim correctly.
Step 2: Negotiating A Settlement
The next step is for your lawyer to communicate with all liable parties about your settlement amount.
Usually, offers are exchanged back and forth between your attorneys and insurance companies or other liable parties.
Your attorney will know what information to communicate in order to get you the maximum settlement amount.
Most parties want to avoid going to court, so the liable party has the incentive to settle.
Step 3: If Necessary, File A Lawsuit
In rare cases, a settlement agreement might not be reached between all involved parties. In these instances, your legal options include continuing by filing a personal injury lawsuit.
A lawsuit will move your case to court, where you will be glad to have experienced trial lawyers at your side who can communicate to the judge why you deserve a fair settlement.
Experienced accident lawyers like those at Florin|Roebig will stop at nothing to fight for your settlement.
What Can Affect Texas Personal Injury Cases?
Many different factors can affect personal injury cases in Texas, including the following.
Fault, Liability, And Negligence
Fault and liability are two of the most important terms in any personal injury case.
Fault refers to the party that caused an accident to occur, while liability refers to the party that is legally responsible for paying damages to the claimant.
In order for a personal injury claim to be filed, the at-fault party must have also shown negligence.
Negligence means that a person or entity violates their duty of care by acting in a way that puts others in harm’s way.
If your attorneys can prove that someone else was at-fault and showed negligence which led to the accident and your injuries, you can likely file a personal injury claim against the liable party.
The Type Of Injury And Accident
The type of injury and accident can both impact your case. Accident victims who suffer more serious injuries tend to lead to higher settlement amounts.
Certain accident types, such as truck accidents, have high rates of serious injuries.
Comparative Negligence
Under Texas law, you can file a personal injury claim even if you are partially at fault for an accident. Your settlement amount will be adjusted based on the percentage of fault you had.
An example of partial fault might be a car accident where two or more drivers showed negligence, leading to an accident.
If you were more than 50% at fault in an accident, you cannot file a claim.
Texas Statute Of Limitations
Texas law states that people who are injured in accidents have a window of up to two years to start a personal injury claim. If two years pass after your accident, you may not be able to file a claim.
Damage Caps
Texas law has damage caps for specific types of claims.
For example, medical malpractice and claims against government entities have limits to how much you can pursue in a settlement.
Punitive damages have a maximum cap as well, though it is rare for a judge to award them.
What Kinds Of Accidents Can Lead To Personal Injury Claims?
Just about any situation can result in a successful personal injury claim, if someone’s negligence caused the accident and injuries to occur.
Some of the most common types of accidents that lead to personal injury claims in Texas include:
- Slips and falls
- Dog bites
- Assault and battery
- Motorcycle accidents
- Auto accidents
- Truck accidents
- Bicycle accidents
- Premises liability cases
- Medical malpractice
- Work-related incidents
- Defective product liability cases
- Rideshare accidents
- Wrongful death cases
If you are injured at work, it will likely lead to a worker’s compensation claim — which is a separate category from personal injury claims.
Common Injuries That May Qualify For An Injury Claim
Injury victims who were injured due to another party’s negligence might be eligible to receive compensation through a personal injury claim.
Injuries that lead to claims can range from mild to severe, but more severe injuries tend to lead to higher settlements.
Some of the most common injuries that lead to personal injury claims in Texas include:
- Broken bones
- Traumatic brain injuries
- Disfigurement
- Chest injuries
- Neck injuries
- Scarring
- Dismemberment
- Back injuries
- Whiplash
- Head injuries
- Spinal cord injuries
- Wrongful death (fatalities)
An experienced attorney can help you determine whether your injury and the resulting medical bills and other costs are enough to qualify you for a personal injury claim.
Different Types Of Damages In Texas Personal Injury Cases
The term ‘damages’ refers to all the ways that an injury has affected your life.
When you file a personal injury claim against the liable party, you are looking to recover financial compensation for your damages.
Damages can include obvious things like property damage and medical expenses, but more obscure effects like pain and suffering can also be claimed as damages.
An experienced personal injury lawyer can help you to calculate your damages and seek maximum compensation from your claim.
Most damages in Texas personal injury cases fall into one of the following three categories: compensatory, general, and punitive damages.
Compensatory Damages
Compensatory damages (also called economic damages) are the most straightforward. This category is aimed at directly paying back money lost due to an accident and the resulting injuries.
Some of the most common expenses claimed as compensatory damages are costs for medical care, property damage, and sums of wages lost.
It is important to note that a personal injury settlement happens only one time per claim, so projected damages must also be calculated.
If you expect to receive more medical care or continue to be unable to work due to your injuries, these expected impacts can be included as compensatory damages.
General Damages
General damages (also called non-economic damages) aim to cover everything not taken care of under compensatory damages.
Emotional distress, loss of relationships with family members and loved ones, and pain and suffering can all be claimed under general damages.
Having an injury can be very hard, and general damages aim to compensate claimants for the more obscure ways that their injuries impact their life.
An experienced lawyer can provide sound legal advice and help you to seek general damages that you might not have otherwise known you qualified for.
Punitive Damages
Punitive damages are a way of punishing the at-fault party for their negligence that led to the accident.
You cannot seek punitive damages; they can only be awarded by a court during a personal injury lawsuit.
The state of Texas places a damage cap on punitive damages, meaning there is a limit to how much you can be awarded by a court for any one claim.
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Is Hiring A Personal Injury Attorney Expensive?
People may assume that filing a personal injury claim with the help of a lawyer will cost them a fortune in attorney fees, but this is not always the case.
The personal injury attorneys at Florin|Roebig work on a contingency fee basis, meaning they only get paid when you get a settlement offer from the liable party.
During a free case evaluation, a personal injury lawyer will advise you whether to pursue a claim. You can rest assured they are giving honest advice, because they will only get paid via a percentage of your settlement offer.
Most of the time, lawyers have a relatively good idea of whether pursuing a claim with legal representation will result in favorable case results.
List Of Top-Rated Personal Injury Attorneys In Texas
Florin|Roebig law firm has a team of all-star personal injury attorneys that provide excellent legal representation to people across Texas.
With two office locations in the state located in Dallas and Houston, our lawyers have decades of experience helping people in Texas get the compensation they deserve after being injured.
We specialize in the practice area of personal injury law. Our team has won over $1 billion in settlement awards for our clients, with numerous favorable verdicts in cases that get moved to court.
Recently, our team has been named to a number of prestigious lists, including being named one of U.S. News & World Report’s Best Law Firms.
The team of capable and experienced personal injury lawyers at Florin|Roebig law firm includes:
- Wil H. Florin, B.C.S.
- Tommy D. Roebig, B.C.S.
- Chase P. Florin, B.C.S.
- Neil P. O’Brien, M.B.A.
- Shaun M. Cummings
- Luca G. Esposito
- Chad K. Florin, M.B.A., LL.M.
- Nicholas S. Costantino
- John J. Hart
- Parker Y. Florin, LL.M.
- Taylor D. Roebig
- Michael A. Ossi, O.C.
- Lawrence J. Najem, O.C.
- Andrew M. Leone, O.C.
- Nollys R. Solarte, O.C.
We Are Nationally Awarded Lawyers
Connect With Experienced Texas Personal Injury Lawyers Today
If you or a loved one has been injured in an accident in the state of Texas, Florin|Roebig law firm may be able to help by getting you the compensation you deserve.
If you are looking for legal representation after an accident in Texas, or you just want to chat more about your options, contact Florin|Roebig’s offices today.
