Filing a personal injury claim may not be the first thing that comes to mind after going through a traumatic event—such as a slip and fall, an accident, or even a dog bite—but should be considered. Once medical bills start to pile up, and you can no longer work or do the activities you used to do before the accident, you will probably realize that you require assistance.
At Brasure Law Firm, PLLC, we understand the ramifications an injury can have on each aspect of your life. That is why we walk through the process of an injury claim with the accident victim, especially if the accident was a result of someone else’s negligence.
The basic process of filing for personal injury cases is chiefly the same across all states. However, Texas has a few varying elements. Essentially, you cannot file a Texas personal injury claim online because the process may require a comprehensive review of your case and the evidence involved. If you reside in Texas, it is important to read up on the process of filing for an injury claim.
How Do I Know If I Have a Personal Injury Case?
This is often the first question accident victims or their loved ones ask. While not every injury has a proper basis for a claim, if someone else contributed to your injuries, you may recover money. Whether or not your injury is subject to a lawsuit depends largely on its position in the Texas injury claim process.
More specifically, for a personal injury case to prevail, the law in Texas requires the accident victim to demonstrate these three aspects:
A Negligent Party Exists
Here, the main word is “negligent.” The kind of evidence you have should prove that the other party was reckless, careless, or acted in a manner that disregarded the law or safety of others. For instance, if a motorist ran a red light and knocked into you, that is often adequate enough to show negligence.
This Negligent Act Led to A Personal Injury
There should be a clear, identifiable injury linking to the negligent act. You can use physical injuries, damage to your property, or other forms of injuries traceable to the accident.
There Are Compensable Damages Linked to The Injuries
“Damages” refers to the amount of money a victim could recover from a negligent party. Just like negligence, a victim must prove the existence of quantified damages, which—in terms of loss—could be income and/or medical bills.
What Are the Types of Texas Injury Compensations I Can Receive?
Lost wages calculated using time off from work
Replacement or repair of damaged property
Past, present, or future medical bills
Cost incurred for hiring help because of your incapacitation due to injuries
Any costs related to the accident injuries
Must I Have an Attorney to Help or Can I File by Myself?
Technically speaking, you are not required to get professional representation. However, you significantly increase your chances of success if you choose to hire an attorney to represent you. Even in the simplest incident, consider speaking to an attorney first. Most are happy to offer you a free initial consultation to review your case and outline your options.
Filing an injury claim in Texas starts with your phone call. Since you are the victim, you need to make the first move and contact a Texas accident lawyer. You need to pick a knowledgeable personal injury attorney in Texas because laws vary by state.
What Is the Injury Claim Process in Texas?
Here are the basic steps and what to expect when filing for a personal injury claim in Texas.
Choosing Your Texas Personal Injury Attorney
Pick a Texas accident attorney who is not only experienced in personal injury claims, but also one who has worked with accidents and claims like your own. Also, choose an Edinburg personal injury attorney with a proven track record in the courtroom in case your claim ends up in court. We suggest that you set up consultations with a few Texas injury attorneys.
Fact-Finding and Investigation to Collect Evidence
Once you sign an agreement of representation, your lawyer will begin an investigation by getting witness accounts, police reports, pictures, doctors report, etc. This investigation is meant to help your lawyer figure out the percentage of fault and how much to request in damages.
Documenting the Extent of Your Injuries
The best evidence used at this stage is medical records. Any emergency room records and follow up care provide a crucial determination in the extent of your injuries.
Negotiating a Settlement or Filing a Suit in a Texas Court
Your attorney will go ahead and demand compensation from the responsible person, or their insurer, before or after filing a lawsuit. Most personal injury cases, however, are resolved without going into the trial phase.
Once a defendant is overwhelmed with evidence of negligence, they are often eager to make a settlement and move on. Following this course is particularly appealing if you are struggling financially due to your injuries and need money to get by. If you cannot agree on an out-of-court settlement, your attorney will advise you to file a personal injury lawsuit in a Texas court.
In a court, a judge or jury will hear the arguments and evidence, then deliver a verdict. Your lawyer will also help you receive your funds or resolve any liens against your settlement.
What is the Statute of Limitations in Texas?
In Texas, you have two years from the date of the accident to file your personal injury claim. If your claim is against the government, this time limit is significantly reduced (only six months) for you to make a formal claim. If you are in Edinburg or McAllen, get in touch with an attorney as soon as possible before the statute of limitations locks you out.
Get a Legal Representative to Guide You Through the Texas Personal Injury Claim Process
If you are a Texas resident, do not delay and start the process of filing for your personal injury claim. Sometimes it takes a while before you can receive compensation for your injuries.
This filing process may initially appear overwhelming; however, an experienced and aggressive accident attorney in Texas can help you through the filing process and negotiate a settlement that is both fair and reflects the true value of your case, relieving you of such of the burden.
By Chris Brasure
Brasure Law Firm, PLLC was founded by Chris Brasure in 2006. His legal accomplishments are diverse and numerous. He is a fellow with the Texas Bar Foundation, was a delegate in the American Bar Association House of Delegates and holds a BA in political science and speech communication from Baylor University. He then went on to obtain his law degree from Baylor University Law School. Chris believes that education is absolutely critical to one’s success, so his firm now offers The Brasure Law Firm Scholarship to give back to the community and to help students who are seeking to pursue a higher education.