Personal Injury Lawyers Serving the Rio Grande Valley & Durango, Colorado

The Texas statute of limitations allows personal injury victims up to two years from the date of their injury to file a claim. If the family of a wrongful death victim wishes to file a claim, they also have two years to file. However, the statute of limitations begins on the date of death rather than the day the decedent suffered a fatal accident. For example, an individual could be involved in an accident but not pass away until a week later from their injuries. If you fail to file a lawsuit during the allotted time, the court will throw your case out, and you will lose any ability to recover compensation.

Unfortunately, there is no simple answer regarding how long it may take to settle a Texas personal injury claim. In many cases where there is a clear understanding of what occurred and who should be held at fault, the claim may be settled quickly. However, in situations where there are multiple liability issues or the insurance company tries to dispute the claim, cases may take two to three years to be fully resolved. That being the case, it is in your best interests to discuss your case with a knowledgeable attorney who can provide you with more information.

Many personal injury victims are initially hesitant to hire a personal injury lawyer after being involved in an accident. In most instances, individuals are apprehensive about the cost of hiring a well-qualified personal injury attorney. However, most attorneys handling personal injury cases work on a contingency fee basis, meaning they only get paid if they win. Therefore, if you were injured in an accident that was someone else’s fault, you must hire an attorney immediately to protect your legal rights. A lawyer can help guide you through the complex claims process and act as your legal ally with the insurance provider.

For a plaintiff to successfully prove their case, specific legal criteria must be met. First, the defendant must have owed the plaintiff a legal duty of care, such as safely operating a motor vehicle. Next, that duty must have been breached through the defendant’s actions. As a result, the plaintiff’s injuries were determined to be the direct result of the breach. Finally, the plaintiff suffered damages as a result of their injuries. An experienced personal injury attorney can evaluate your case and determine if all legal criteria are present and if you can proceed forward with your case.

Texas personal injury victims may collect punitive damages if they can demonstrate through clear and convincing evidence that the harm they suffered resulted from either fraud, malice, or gross negligence. In addition, Texas law dictates that punitive damages can only be granted to the plaintiff if the jury reaches a unanimous decision regarding liability and compensation issues. Furthermore, punitive damages are unlike compensatory damages meant to reimburse the victim. Instead, they are awarded to punish the wrongdoer and warn others not to repeat the same behavior.

Catastrophic injuries differ from other personal injuries based on their level of seriousness. Catastrophic or permanent injuries typically are incredibly challenging to recover from, and in some cases, the injury victim never fully recovers. Although Texas does not have a set legal definition of what a catastrophic injury entails, they are generally considered any injury resulting in debilitating symptoms accompanied by a lengthy recovery period. In most catastrophic injury cases, the victim experiences a permanent disability or significant loss in their quality of life.
Some common examples include the loss of a limb, traumatic brain injuries (TBIs), spinal cord injuries, and organ damage.

Texas personal injury law caps the punitive damages a plaintiff may receive. In cases where the plaintiff is not awarded economic damages, punitive damages are capped at $200,000. However, if the plaintiff is awarded economic damages, they may only receive double that amount plus an equal amount of non-economic damages totaling up to $750,000. To better understand how punitive damages are awarded, it is always best to consult with your personal injury attorney. A skilled attorney can evaluate your claim and determine if you are eligible to obtain punitive damages and what amount would be appropriate.

If another person’s carelessness or negligence has harmed you, you may be entitled to file a personal injury claim. However, because Texas personal injury law can be overly complex and challenging to try and navigate independently, it is always best to consult an experienced lawyer who can evaluate your case. An attorney can also protect your legal rights, determine who should be held liable for the harm you have suffered, and estimate a settlement amount that will provide for your present and future needs.