We Answer Your Personal Injury FAQs in Texas.
This is, without a doubt, the most frequently asked question by our clients. A variety of factors will determine the answer, including but not limited to: (1) the severity of your injury or loss; (2) your medical bills; (3) when and to what extent you received medical treatment; (4) if you've lost wages or income because of the accident; (5) what kind limits there are on the insurance policy; and (6) other insurance policies that might. For example, someone who is disabled as a result of a brain or spinal accident will almost certainly receive a far larger compensation than one who has suffered minor soft tissue injuries or superficial bruising from the same accident.
Texas is an at-fault state, which means the person who caused the accident is responsible for paying for the injured party's bills. Since it will take time to receive a settlement, the injured party ususally has to turn to their own insurance (health, auto) to cover immediate needs.
There are three types of damages that can potentially be recovered in a personal injury lawsuit
If you can't go back to work due to an injury caused by another person's negligence or recklessness, you have the right to demand financial compensation. Our team will fight for a substantial payout through an insurance claim or a personal injury lawsuit.
Comparative damage means you can sue for damages even if you are partially at fault for an accident. However, if you are found to be more than 50 percent to blame for an accident, you cannot recover any compensation.
For example, if you’re in an accident and you’re found to be 30 percent at fault, you’ll be responsible for 30 percent of the damages. The other party will be responsible for 70 percent of the damages.
Texas has a two-year statute of limitations for personal injury claims. This means you have two years from the date of the accident to file a claim or lawsuit. If you miss the deadline, you will likely be barred from pursing compensation.
It will not cost you anything out-of-pocket to hire Varghese Summersett Injury Law Group. We work on contingency, which means we only get paid if we are successful in recovering compensation for you.
You are not required to hire a lawyer to file a personal injury claim, however, it is strongly recommended. Personal injury is a specialized area of law that requires extensive knowledge of insurance rules, collection of evidence to prove fault, and negotiation, settlement and trial skills. To achieve the most favorable outcome, it is in your best interest to retain an experienced personal injury lawyer.
In Texas, you have the right to switch attorneys in the middle of a personal injury case. There is nothing that prohibits you from changing attorneys.
Most personal injury cases are resolved through negotiation and settlement with the defendant's insurance company, which means you don't have to go to court. However, if a fair settlement can't be reached, then the case will go to trial. In that instance, you would likely be required to go to court to give testimony during a trial.
The duration of a personal injury case depends on a number of things, including the complexity of the case and whether or not the case goes to trial. Generally speaking, you can expect a personal injury case to take up to two years after it is filed.