Texas Personal Injury Lawsuit
When Should I File a Personal Injury Lawsuit in Texas?
Any time you have been hurt in an accident and feel like it was someone else’s fault, contact a lawyer to discuss legal action. Many of these cases never actually go to trial or even end in an actual lawsuit. When negligence is evident, a good attorney can convince the defendant to pay out quickly.
If you do need to file a lawsuit because the individual, or more likely their insurance company, won’t compensate you for your injuries, a lawyer will be with you every step of the way. Some of the specific instances in which it’s important to contact a lawyer and consider a lawsuit are when:
- Someone offers you a settlement without legal representation.
- An insurance adjuster contacts you to discuss the accident.
- The insurance company offers you settlement money that seems inadequate for your injuries.
- The insurance company is completely unwilling to offer compensation.
How Will My Lawsuit Proceed?
There are several steps in a personal injury lawsuit. While your lawyer will take those steps with you and for you, it helps to understand what will happen.
- Meeting with Your Personal Injury Lawyer
Before you take any other action, especially talking to the opposing side, or accepting a settlement, talk to a personal injury lawyer. They will outline your options, estimate your case’s worth, and give you a reasonable idea of the likely outcome. - Filing a Complaint
The first official legal step is to file a complaint against the person or group you are naming as liable for damages. This starts the process off, although it does not necessarily end in court. - Working on a Settlement
Trials are lengthy and costly. They delay your receipt of compensation. Your lawyer will try to negotiate a settlement to avoid trial. Many insurance companies are willing to do this to avoid the costs of a trial. - Going to Trial
Although they often negotiate, not all insurance companies will admit to fault or offer a fair amount of compensation. You can choose to take your lawsuit to court if you don’t like the offer or if they will not negotiate at all. Before the trial, both sides investigate the incident, gather evidence, talk to experts, and build a case. They then argue their side in the trial before a jury. The jury decides if the defendant is negligent. They can also award a damages amount. - After the Trial
If your personal injury lawsuit goes to trial and you win, you may still have to fight for compensation. An insurance company should be able to pay, but individuals often don’t have the money. Your lawyer may need to take additional legal steps to secure it. Also, either side may choose to appeal the decision, further delaying any recovery of damages.
When Should I Start a Texas Personal Injury Lawsuit?
The statute of limitations on starting a personal injury lawsuit in Texas is two years. This means you have two years from when the incident occurred to take action. It’s essential to work with a lawyer as soon as possible after an accident so that you do not miss your chance to collect compensation.
How Much is My Case Worth?
Your lawyer cannot tell you how much your case is worth or what you will recover in damages. They can make a fair estimate, though, based on:
- The severity of your injuries or illness
- The amount of past medical bills
- The expected amount of future medical bills
- Lost wages and future lost wages or earning potential
- Any emotional or physical suffering or anguish
- Texas laws, which state that if you are found to be at fault in the accident, your damages can be reduced by that amount
Can I Sue the Texas Government?
Imagine you slip and fall in a government building. The resulting injury costs you money in medical bills and wages from being forced to take time off work. In many cases, this is exactly when you would file a personal injury lawsuit, but you cannot file against Texas’s government.
Instead, your lawyer can help you file a compensation claim. This must be done within six months of the incident, so don’t hesitate to find your personal injury lawyer.
Recent Texas Personal Injury Lawsuits
Take a look at some of the recent cases that personal injury law firms have worked on in Texas. These give you an idea of what an experienced lawyer can do to fight for your right to recover damages from negligent parties:
- $80 Million in Trucking Accident. In 2019, a jury awarded trucker Lauro Lozano $80 million after his lawyer proved that his trucking company forced him to falsify records. They pushed him to record false information in his driving log so that he could keep working more hours in a row than is legal. The time limits are in place to keep drivers and others safe from accidents caused by sleep-deprived truckers. Lozano suffered severe injuries after falling asleep and hitting another truck.[1]
- $17 Million for a Driver Injured by a Trucker. In another incident with a truck, Demzon Simpson pushed his SUV off the freeway as it began smoking and losing power. A truck driver with a load of toxic chemicals hit the back of his vehicle, causing more collisions. The trucker showed signs of sleep deprivation and fatigue, and Simpson’s lawyers held the trucking company liable for the damages from his injuries. The jury award included compensation for past and future medical expense, impairment, physical pain, mental anguish, lost earning capacity, and disfigurement.[2]
These and many other cases demonstrate the importance of having the right lawyer for your Texas personal injury lawsuit. They can help you recover significantly more in damages than you would be able to do on your own.