Frequently Asked Questions on Personal Injury in Texas
What is a Personal Injury?
A Personal Injury is any physical or mental injury to a person as a result of someone's negligence or harmful act. Sometimes personal injury may be referred to as bodily injury. Personal injuries can occur in a wide variety of ways. The following are some of the most common accidents resulting in personal injury:
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What financial compensation is can I get in a personal injury claim?
Personal Injury Victims are entitled to recover money damages for all losses and expenses they incur as a result of an accident. The damages may include the following.
- Past Medical Bills
- Future Medical Expenses
- Lost Wages, including overtime
- Pain & Suffering
- Physical Disability
- Disfigurement
- Permanent Scars
- Emotional Trauma
- Mental Anguish
- Loss of Enjoyment
- Loss of Love & Affection
- Embarrassment
- Mental Disability
- Property Damage
- Lost Household Services
How do I know if I have a Personal Injury claim?
To have a personal injury case, you must be able to show that you have been injured. This may be a physical injury or it may be an emotional injury. In addition, you must be able to show that someone else (the defendant) is at fault for your injury under negligence, strict products liability or other legal theory. It may be necessary for you to show that the other party is more at fault for the injury than you are.
All of these matters are so fact specific that any questions should be immediately directed to a lawyer so that he or she can advise you on what claims, if any, you might have. These are serious matters of professional, legal judgment.
What if the accident is partly my fault can I still have a claim?
Even if an accident of injury was partially your fault you may have a claim based on the concept of proportionate responsibility, under Texas law.
The concept of "proportionate responsibility” means that the fault of all parties is compared and the amount of the recovery for damages sustained by the injured victim is reduced by the percentage of his or her own fault. In this way, each person is held accountable for the amount of damages that he or she caused.
If you’re injured by the action of another, but you contributed to the accident by your failure to exercise reasonably prudent care, then a jury will decide what percentage of your injuries were caused by your conduct. Under Texas law, if you are found no more than 50% responsible for your own injuries, then you may recover whatever percentage is not attributable to your own negligent conduct.
All of these matters are so fact specific that any questions should be immediately directed to a lawyer so that he or she can advise you on what claims, if any, you might have. These are serious matters of professional, legal judgment.
How do I know if I may need an attorney?
If you have been seriously injured or are unsure as to the outcome of your injury, then an experienced personal injury attorney should always be consulted before you give any statements or sign any papers of any kind and as soon after your injury as possible.
In a serious injury case, you are better off hiring an attorney as soon as possible. Most firms offer a free consultation, with no obligation; therefore, you have nothing to lose by consulting an attorney before you accept the insurance company offer.
There is a statute of limitations that requires you to file suit within a specific period of time, depending upon the circumstances of your case. If you fail to do so, you will be prohibited from obtaining any compensation for your injuries. An attorney will be able to help you file you lawsuit within the statute of limitations.
All of these matters are so fact specific that any questions should be immediately directed to a lawyer so that he or she can advise you on what claims, if any, you might have. These are serious matters of professional, legal judgment.
What is a Contingency Fee?
A contingency fee is a fee that is used by lawyers in personal injury cases. A contingency fee is conditioned upon a successfully resolution of a client's case and is determined from the client's share of the recovery, if any.
In our contingent fee cases, the attorney's fees are calculated from the client's gross recovery before costs and expenses are deducted. The client is expected to reimburse any and all litigation costs and expenses in addition to attorney's fees. The costs and expenses that a client is ultimately responsible for, such as court costs, are outlined in our attorney-client contract.
Can I settle or do I have to go to testify in a court proceeding?
We must approach every case as if it will be tried in court and then appealed. With such an approach, we consistently obtain the best results for our clients. We will only accept clients who are serious about their cases and prepared to testify, if necessary.
How long do I have to make a claim for Personal Injuries?
See the answer to "What are the Statutes of Limitations?" found below
Complying with the applicable statute(s) of limitation is a fact specific matter. Any such questions should be immediately directed to a lawyer to advise you on such matters. Sometimes, these are serious matters of professional, legal judgment.
What are Statutes of Limitations?
The statutes of limitations are time limits in which you have to file a lawsuit. If the statute of limitations expires on your case, you may lose your rights regardless of the merits of your claim because it was not brought in a timely manner. Statutes of limitation differ not only from state to state, but also in regard to the kinds of claims involved. In some states the statute of limitations for medical malpractice, suits against governmental agencies, and wrongful death actions is shorter than that for other types of personal injury cases and may also require written notice to a potential defendant(s). In general, however, the statute of limitations for personal injury cases is from one to three years, and the time begins from the time of the wrongful conduct.