Personal injury claims can be confusing and overwhelming for accident victims. This personal injury FAQ addresses the most common concerns that arise during these difficult times.
What Is Personal Injury Law?
Personal injury law addresses situations where an individual is harmed due to the careless or intentional actions of another person. This area of law recognizes that injured people shouldn’t bear the financial burden when someone else causes their harm. Personal injury lawsuits enable victims to recover compensation for their medical expenses and other related losses.
Common personal injury cases involve car accidents, slips and falls, medical malpractice, and workplace injuries. Each type of case has specific legal requirements and procedures that must be followed carefully.
How Long Do I Have to File a Personal Injury Claim in Texas?
Texas law typically gives personal injury victims two years from the date of the accident to file a lawsuit. This is known as the statute of limitations.
Missing this deadline usually means losing your right to seek compensation through the courts forever. Some exceptions exist to the general rule, so it’s best to contact a Texas attorney as soon as possible after an accident or injury.
What Types of Damages Can I Recover?
Personal injury victims can seek several types of compensation depending on their specific circumstances. Economic damages cover your measurable financial losses, like medical bills, lost income, out-of-pocket expenses, and property damage repair or replacement costs.
Non-economic damages address the personal impact of your injuries, including pain and suffering, emotional distress, and loss of enjoyment of life. While harder to calculate, these damages recognize the real effects injuries have on your daily life.
Punitive damages may be available in cases involving malicious or grossly negligent conduct. These damages serve as a deterrent to wrongdoers and discourage similar behavior in the future.
How Much Is My Personal Injury Case Worth?
Several factors influence the value of personal injury claims. The severity of your injuries plays the biggest role in determining compensation. More serious injuries requiring extensive treatment typically result in higher settlements.
Your medical expenses, both current and future, also significantly impact the case value. Lost wages and reduced earning capacity can affect the final amount, as well as the strength of your evidence proving the other party’s fault. The weight of your non-economic losses can also affect the value of your case.
Do I Need a Lawyer for My Personal Injury Case?
While not legally required, having an experienced attorney significantly improves your chances of recovering fair compensation. Insurance companies often take advantage of unrepresented victims by offering quick, low settlements before people fully understand the impact of their injury.
What Should I Do After an Accident in Austin?
Follow these important steps after any accident:
- Seek medical attention immediately, even if you feel fine
- Call the police (or notify relevant authorities) to report the incident and get an official report
- Document the scene with photos and videos if possible
- Collect contact information from witnesses and other involved parties
- Keep detailed records of all medical treatment and expenses
- Avoid discussing fault or giving recorded statements to insurance companies
- Contact an experienced personal injury attorney as soon as possible
Never admit fault or apologize at the scene of an accident. These statements can be used against you later, even if you were just being polite.
How Long Does a Personal Injury Case Take?
It varies widely, depending on the facts of your case. Personal injury cases can take anywhere from a few months to several years to resolve. Indicative factors include injury severity, case complexity, and the willingness of insurance companies to negotiate fairly.
Simple cases with clear fault and minor injuries often settle within a few months. Complex cases involving serious injuries, multiple parties, or disputed fault take much longer to resolve.
Will My Case Go to Trial?
Most personal injury claims settle out of court through negotiations with insurance companies. Trials are expensive and time-consuming for all parties, so most cases are resolved through settlement agreements.
However, some cases do go to trial when insurance companies refuse to offer fair compensation or when fault is seriously disputed. Your attorney will thoroughly prepare your case, whether it settles or proceeds to trial.
Can I Still Recover Compensation if I Was Partially at Fault for an Accident in Texas?
Texas follows a modified comparative negligence rule. You can still potentially recover damages even if you’re at fault, but only if you’re less than 51% responsible for the accident. However, your compensation will be reduced by your percentage of fault.
For example, if you are found to be 40% to blame for an accident, you can only receive 60% of your total damages. However, if you were more than 50% responsible, you’d be barred from financial recovery.
Insurance companies often use this rule to try to lowball victims or deny claims altogether. An experienced personal injury lawyer in Austin can protect your rights and ensure you’re treated fairly.
Contact the Austin Personal Injury Lawyers at Heaton McLean Personal Injury Lawyers for a Free Consultation
If you have questions about a personal injury case in Austin, TX, contact the experienced Heaton McLean Personal Injury Lawyers at (512) 503-4878 for a free consultation. Our experienced team will review your situation, address your concerns, and fight for the compensation you deserve, allowing you to focus on your recovery. Reach out to our Austin personal injury attorneys today.
Visit Our Personal Injury Law Office Located in Austin, TX
Heaton McLean Personal Injury Lawyers
3933 Steck Avenue, Suite B-115, Austin, TX 78759
(512) 503-4878
Hours: M-F 8:30 AM–5:30 PM