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The Role of Insurance in Texas Personal Injury Claims

The Role of Insurance in Texas Personal Injury Claims

Being hurt in an accident can affect you physically and emotionally. Additionally, it can have an overwhelming financial impact due to medical costs, lost wages, and property damage.

After an accident, a Texas injury attorney can help you file a personal injury claim to recover the financial resources you need. During this challenging time, it is imperative to understand the role of insurance in a personal injury claim.

Understanding Personal Injury Claims in Texas

It is essential to understand the legal landscape regarding personal injury claims in Texas. In Texas, personal injury cases typically arise from incidents like car accidents, slips and falls, or workplace injuries. The critical point is that Texas follows a modified comparative fault system when determining compensation for injured parties.

This means that if you are found partially at fault for the accident, your recovery may be reduced based on your percentage of fault. It is also important to note that a two-year statute of limitations exists for filing a personal injury lawsuit in Texas. This means you have a limited time to take legal action after an incident. After an accident, a personal injury attorney in Texas can make all the difference in securing the compensation you deserve.

The Importance of Insurance in Personal Injury Cases

Personal injury cases can bring unexpected challenges and financial burdens for those involved. This is where insurance plays a crucial role in providing protection and support during such difficult times. Having the right insurance coverage can significantly affect the outcome of a personal injury claim.

Insurance helps offset medical expenses, lost wages, property damage, and other costs associated with an accident or injury. Without insurance, individuals may face overwhelming bills and liabilities that could have long-term consequences on their financial well-being.

In Texas, adequate insurance coverage is not only beneficial but also mandatory in many cases. Depending on the nature of the personal injury case, various types of policies can come into play, from auto insurance to homeowner’s insurance.

Types of Insurance Coverage for Personal Injury Claims

Several types of insurance coverage are available for injured parties, depending on the type of accident they are involved in. Some common types of insurance you may deal with following an accident include:

Auto Insurance

Texas is a “fault” or “at-fault” state, meaning the person responsible for the accident is generally liable for damages. Auto insurance typically covers bodily injury and property damage and may include personal injury protection (PIP) or medical payments coverage, providing compensation for medical expenses.

Homeowners Insurance

In cases where an injury occurs on someone’s property, homeowners insurance may come into play. This coverage can compensate for lost wages, medical expenses,  and other damages if the property owner is liable for the injury.

Commercial General Liability (CGL) Insurance

Businesses often carry CGL insurance to protect against claims for bodily injury or property damage that may occur on their premises. This coverage can be relevant in personal injury claims arising from incidents on commercial properties.

Product Liability Insurance

Manufacturers, distributors, and retailers may carry product liability insurance to cover injuries caused by defective products. If a product defect leads to injury, this type of insurance can be a source of compensation.

Workers’ Compensation Insurance

Texas employers must carry workers’ compensation insurance, providing benefits to employees with work-related injuries. This coverage typically includes medical expenses, disability benefits, and rehabilitation costs.

Medical Malpractice Insurance

Healthcare professionals, including doctors and hospitals, carry medical malpractice insurance to cover injuries resulting from negligent medical care. This insurance can compensate for immediate and long-term medical expenses, lost income, pain and suffering, and more.

Umbrella Insurance

Individuals or businesses may purchase umbrella insurance as an additional layer of coverage beyond the limits of their primary policies. This type of insurance can be instrumental in covering extensive damages in high-value personal injury claims.

Professional Liability Insurance

Lawyers, accountants, and architects carry professional liability insurance to protect against professional negligence claims. This coverage can be relevant in personal injury cases where the injury results from professional misconduct.

Each type of insurance has limitations on what it will cover and how much compensation is available to cover any resulting injuries you suffered. Consequently, the insurance can significantly affect the outcome of your personal injury claim. It is best to seek guidance from a Texas injury attorney when filing a claim.

How Insurance Can Affect the Outcome of a Claim

Insurance plays a significant role in determining the outcome of your case. The type and amount of insurance coverage involved can greatly impact the compensation you receive for your injuries.

Insurance companies will often try to minimize their payouts by disputing liability or downplaying the severity of your injuries. They may use various tactics to devalue your claim, such as offering low settlement amounts or delaying the claims process.

Having adequate insurance coverage can provide financial protection in case of an accident. This includes auto insurance, health insurance, and even umbrella policies that offer additional coverage beyond standard limits.

On the other hand, insufficient or lapsed insurance coverage can complicate matters and leave you vulnerable to out-of-pocket expenses. In some cases, uninsured motorist coverage may come into play if the at-fault party does not have sufficient insurance.

Working with a personal injury attorney in Texas can ensure you can maximize the compensation you receive for your injuries and damages after your accident.

Call Our Texas Injury Attorney Today

The Burkett Law Firm stands out in the legal community with over 40 years of experience and a dedicated team that treats each client like family. With board certification in personal injury trial law, our Texas injury attorney has the experience and resources to handle even the most complex cases.

If you were injured in an accident due to someone else’s negligence, don’t hesitate to contact us for a free initial consultation. Let our personal injury attorney in Texas fight for your rights and hold those responsible accountable for their actions. Choose The Burkett Law Firm for experienced and effective legal representation when it matters most.


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