Top Ten Frequently Asked Questions About Personal Injury Claims in Texas

Whether you’ve been injured in a car or truck crash, defective product failure, slip and fall, or oilfield accident, odds are that you are at least a little bit unsure about your legal rights and the process of pursuing a personal injury claim. Understanding the answers to common questions about personal injury claims can help you navigate the process with more confidence. Below, we address some of the most frequently asked questions from clients seeking legal representation at Gilbert Adams Law Offices. For personalized advice and help getting justice and compensation after you were harmed by the negligence of another, contact our office to speak with a skilled and experienced Texas personal injury lawyer.

1. How long do I have to file a personal injury claim?

In Texas, the statute of limitations for most personal injury claims is generally two years from the date of the injury. This means you must file a lawsuit within two years, or you may lose your right to pursue compensation. Some exceptions exist that make the timeframe longer or shorter, so it’s crucial to consult an attorney as soon as possible to ensure you don’t miss important deadlines or give up on a claim while it is still viable. For instance, in some types of cases, notice must be given within 30 days of the accident.

2. How is the value of my personal injury claim determined?

The value of your personal injury claim is determined based on a variety of factors, including:

• Medical expenses: This includes past and future medical costs for treating your injuries.
• Lost wages: If you’ve had to miss work due to your injury, you may be compensated for lost income.
• Loss of earning capacity: Damages for loss of earning capacity into the future are recoverable when your injuries prevent you from working at your current or obtaining or retaining employment at other jobs where your injuries leave permanent restrictions, limitations or residuals.
• Physical Impairment. These are recoverable damages when your ability to engage in hobbies and other activities has been adversely affected by your injuries.
• Pain and suffering: Compensation for the physical and emotional pain you have experienced due to your injuries.
• Mental grief, anguish and suffering. These are recoverable damages for the mental hurt and pain that accompanies serious personal injuries.
• Disfigurement and scarring: Where injuries have left scars or deformities, Texas law allows you to recover for these losses.
• Spousal Damages: In some types of cases, your spouse may be entitled to recover damages for their own suffering and harm as a result of your bodily injuries. These include an inability to perform normal activities necessary to keep up your home.
• Severity of injury: The more severe your injury, the higher the potential value of your claim.
• Nature of conduct: If the defendant acted with malice or conscious indifference to your safety, punitive or exemplary damages might be appropriate.

Based on how these areas have been affected by your injuries, these are important factors in determining the just and fair value of your case.

3. How should I choose a personal injury attorney?

The practice of law is very specialized and you should select an attorney who has a full-time personal injury practice. Too, insurance companies do not treat all attorneys the same because they know or will find out whether your attorney is skilled in personal injury practice. Some lawyers or law firms make a practice of “signing up” accident cases, merely to refer the case to others. While this is generally legal, you likely want to be involved in the selection of the attorney who will be principally responsible for the case, instead of letting another lawyer choose your attorney. You should ask important questions, including the following:

• Experience. Have you handled these types of cases in the past?
• Referral. Are you going to handle my case or are you going to refer it to another lawyer?
• Trial results. Have you had favorable trial results in these types of cases?
• Jurisdiction. In which county, state and specific court do anticipate filing my case?

4. Will I have to go to court for my personal injury claim?

It depends. Most personal injury claims are settled before an actual trial through negotiations with the insurance company or the opposing party. However, if a fair settlement cannot be reached, you might choose to have a Jury determine the fair and reasonable value of your damages. A trial might be the best way to get a fair result, and settlements can happen at any time, even as trial preparations are finalized. Having an experienced attorney can help you prepare for any outcome, whether it’s negotiating a settlement or advocating for your rights in court before a Jury.

5. Do I need an attorney to file a personal injury claim?

While it’s not legally required to have an attorney to file a personal injury claim, because of the complexities and nuances involved depending on the type of claim, it can prevent irreparable missteps and usually will result in higher compensation. A skilled personal injury attorney can help you navigate the legal complexities of your case, avoid errors and missteps, negotiate with insurance companies, and ensure you receive fair compensation. Insurance companies are often more likely to offer a fair settlement when you have an attorney representing you. It is well established that people who don’t have a lawyer represent them receive less than those who do.

6. What is the role of insurance companies in personal injury claims?

Insurance companies play a significant role in most personal injury claims, as they are often responsible for compensating you for your injuries. After an Injury-causing incident, the at-fault party’s insurance company will typically investigate the circumstances, evaluate your claim based on the facts and evidence relative to the applicable law, and sometimes make a settlement offer. However, insurance companies are for-profit businesses, so their goal is to pay as little as possible. This is why having an attorney on your side is important—they will work to ensure you receive the full compensation you deserve.

7. Can I still pursue a personal injury claim if I was partially at fault for the accident?

Yes. Texas follows a modified comparative negligence rule, which means you can still pursue a personal injury claim even if you are partially at fault. However, your compensation will be reduced in proportion to your degree of fault. For example, if you are found to be 20% at fault for the accident, your compensation will be reduced by 20% in most types of cases. If you are more than 50% at fault, this could bar you from receiving any compensation. This is why the other side is constantly trying to blame you for allegedly also causing the accident. Your lawyer will work to make sure liability is fairly assessed and that you aren’t apportioned any percentage of fault that you truly are not responsible for.

8. What if the responsible party does not have insurance to cover my damages?

If the at-fault party does not have insurance, you might still have options. For example, some at-fault parties have adequate assets to pay for the damages, irrespective of available insurance coverage. In the case of automobile collision, if you have uninsured motorist (UM) insurance or underinsured motorist (UIM) insurance as part of your auto policy, you may be able to recover compensation from your own insurance company after a crash. Additionally, if the responsible party has independent assets or income, you may be able to pursue a claim directly against them, although this may require further legal proceedings to collect.

9. How long does it take to resolve a personal injury claim?

The time it takes to resolve a personal injury claim varies depending on the complexity of the case, the severity of the injuries, the jurisdiction where the case must be brought, and whether the case goes to trial. Some claims may be settled within a few months, while others could take a year or more, especially if litigation is involved. Your attorney will keep you informed throughout the process and work to resolve your case as efficiently as possible.

10. What should I do if I receive a settlement offer from the insurance company?

If you receive a settlement offer from the insurance company, it’s important not to accept it without consulting an attorney. Insurance companies often offer lower-than-fair settlements to save money and often exclude important details that can affect your net recovery. A personal injury lawyer can help you evaluate the offer and determine whether it’s fair based on the true value of your claim. If the offer is insufficient, your attorney will negotiate with the insurance company or proceed with litigation to ensure you receive the compensation you deserve.

Contact Gilbert Adams Law Offices Today

If you’ve been injured by another’s negligence in Texas, don’t hesitate to reach out to Gilbert Adams Law Offices. Our experienced team of personal injury attorneys is here to guide you through the claims process and fight for your rights. Contact us today for a free consultation and get the answers you need to move forward with your case.