If you or a loved one has been injured due to the negligence of another party, it’s imperative to learn more about your legal rights. This will lead you to address an important question: what do you need to know about suing for personal injury damages in the state of Texas?
The first thing you must do is pinpoint the reason for your personal injury claim. There are various types of cases, including but not limited to:
- Car accidents
- Commercial truck accidents
- Public transportation accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Oil field accidents
- Wrongful death
There are several sub-categories within each type of case. For example, car accidents take on many forms, such as:
- Rear-end car accidents
- Side-impact car accidents
- Head-on collisions
- Multi-vehicle accidents
Now that you understand the basics, here are five questions you can answer to clear the air regarding personal injury lawsuits in Texas.
What is the personal injury statute of limitations in Texas?
In Texas, victims have two years from the date of the accident to file a lawsuit for personal injury damages.
While that sounds like a lot of time, you shouldn’t wait to take action. It’s better to proceed immediately, as doing so allows you to collect all the available evidence. This improves the likelihood of winning your case.
What types of compensation are available for Texas personal injury cases?
The three types of compensation for personal injury cases in Texas include:
- Economic damages: This entails compensation directly related to the accident, such as medical transportation costs, medical bills, property damage, and lost wages.
- Non-economic damages: While these damages can’t be quantified, they’re still worth considering. Non-economic damages include things such as emotional distress, pain and suffering, anxiety, depression, disfigurement, permanent scarring, and loss of consortium or companionship
- Punitive damages: Punitive damages are awarded as a means of punishing the defendant for their actions. These are the least commonly awarded damages, but under Texas law, they are available. You must be able to prove that the negligent party acted with malice or gross negligence.
Do you have a case?
Just because you were injured in an accident doesn’t necessarily mean you have a case. There are a variety of factors that play into this, such as the ability to prove that another party was at fault.
Whether or not you have a case often comes down to your ability to present evidence backing up your claim. This is why it’s so important to consult with a personal injury attorney (more on this below).
How much is your case worth?
Once you determine that you have a case, you can turn your attention to its value. Your legal team will review the details of your accident, including your current and future losses, to place a value on your case.
This doesn’t mean you’ll necessarily be awarded that much money, but it gives you a starting point.
Do you need to hire a personal injury attorney?
You can negotiate directly with insurance companies but doing so on your own is a mistake. Here’s why:
- You don’t have in-depth knowledge of your policy and Texas personal injury laws
- Insurance companies are represented by experienced attorneys
- They’ll attempt to take advantage of you, such as by making a low-ball offer
You can protect against all of this by hiring a personal injury attorney. Best yet, with a contingency fee agreement, you don’t pay any money to your legal team unless they win your case.
Hire the Personal Injury Attorneys at The Burkett Law Firm
These aren’t the only details associated with suing for personal injury damages in Texas, but they should provide a sound understanding of your legal rights and how to proceed.
Regardless of the circumstances surrounding your case, don’t delay consulting with an experienced personal injury attorney.
At The Burkett Law Firm, we have more than 40 years of experience in personal injury law. We’re here to put this experience to work for you. If you’re ready to get started, contact us online or via phone at 361-223-6861. From there, you can rely on us to manage your personal injury case from start to finish.