Frequently Asked Questions About Texas Personal Injury Cases
Accident victims may feel hurt and confused after they are injured due to others’ negligence. At Wickes Law, PLLC, attorney Paul O. Wickes strives to educate injured clients about their next steps and the law. He has documented some of the most common questions clients have had about their cases on this page.
Please note that this page’s information is general and may not apply to your unique case. Because of the varying nature of personal injury cases, he highly recommends that injured people contact his office and schedule a free consultation. Call him in Plano now at 972-600-2416 to get personalized and comprehensive answers to your questions.
How Long Do Texas Accident Victims Have To File A Personal Injury Claim?
Generally, the Texas statute of limitations requires an accident victim to file a personal injury lawsuit within two years of the date of the accident. However, several extenuating circumstances may shorten the time limit involved in these cases. For example, personal injury cases involving a government entity or state employee who causes an accident while working in their official role have a time limit of six months. Because of the often strict time limits, it is essential that injured people contact a knowledgeable personal injury lawyer as soon as possible.
How Much Compensation Can I Get After A Texas Accident That Was Caused By Another Person’s Negligence?
Determining possible compensation in a personal injury case can be one of the most challenging aspects. Many factors can contribute to a potential settlement, including:
- The total cost of a person’s medical recovery
- Any lost income or future wages
- Emotional harm and trauma
- Future expenses pertaining to an injury-related medical condition
Another factor at play in personal injury cases is the comparative negligence doctrine. Texas law states that a “… claimant may not recover damages if his percentage of responsibility is greater than 50 percent.” Proving that you were not at fault is challenging and often requires the assistance of a knowledgeable legal professional. Attorney Wickes can help you calculate the cost of your medical recovery and protect your rights if you are wrongfully accused of being responsible for the accident.
What Is The Personal Injury Claim Process?
There are multiple steps to complete for a personal injury claim. These steps include:
- Getting your injuries examined and treated by a doctor
- Hiring a personal injury attorney so that they can protect your interests
- Assisting your attorney as they gather evidence and develop your claim
- Sending the insurance company (or companies) involved a demand letter
- Trying to negotiate a settlement that both sides feel is fair
- If negotiations fail, filing a lawsuit and prepare for litigation
In general, you can expect a straightforward claim to resolve within several months, while complex claims can take significantly longer and claims that move to litigation can take more than a year to resolve.
What If I’m Partially At Fault For The Accident?
Texas is a modified comparative negligence state. What this means is that you may have the right to recover damages after an accident even if you are partially at fault. The amount of compensation you could recover may be reduced by your percentage of fault. For example, if you were 20% at fault for an accident, you could still recover 80% of the damages from a successful case.
However, if your percentage of fault exceeds 50%, you will not be entitled to any damages. One of the key things your attorney can do is prevent you from being unfairly assigned more fault than you are due.
How Should I Deal With Insurance After An Accident?
If an insurance adjuster reaches out to you about your accident, you should not speak to them. Insurance adjusters only have the best interests of the insurance company in mind – and that means reducing their payouts at all costs. Some insurance adjusters will even use deceptive or manipulative tactics to reduce the amount of compensation victims can recover from their accident.
Before speaking to an insurance adjuster, you should talk to attorney Wickes. His goal is to help you recover the maximum fair compensation for your injuries and losses.
Should I See A Doctor After My Accident?
Yes. You should seek medical help after a personal injury. Your health depends upon proper medical intervention. Early medical reports also serve a crucial function in your personal injury case as well, since they help create a direct link between the accident and your injuries.
Get Full Answers From An Attorney In A Free Consultation
Getting complete answers to your personal injury questions is impossible without the full context of your case. Attorney Wickes will learn more about your case and give you a much more accurate answer in your free consultation. Please schedule your free consultation by calling 972-600-2416 or emailing the firm now.