Personal Injury FAQs
May 12, 2023
If you were injured because of someone else’s negligence, you have the legal right to file a personal injury claim and seek compensation for your damages. But do you actually know what filing a personal injury claim in Texas entails?
If you are considering filing a personal injury claim in Texas, it is imperative that you have a good understanding of the state’s legal system and procedures involved. Reach out to our personal injury attorneys at The Haslam Firm to discuss your specific case and get personalized legal advice. We help injured victims in Fort Worth and the rest of Texas, including the Dallas and Houston areas, file personal injury claims and fight for the compensation they deserve.
Frequently Asked Questions About Personal Injury Claims in Texas
Below, we are going to answer some frequently asked questions about personal injury claims in Texas to help you better understand the law and what you can do to protect your legal rights.
What steps should you take after getting injured?
The first and most crucial step after getting injured is to seek medical attention immediately. Even if it does not seem that you were injured, it is always best to get checked by a medical professional to rule out any severe underlying problems. Some injuries may be masked by adrenaline.
After receiving medical treatment, it is crucial to document the injury by taking pictures, writing down details, and keeping any receipts of medical bills. You should also gather information from any witnesses, report the incident to any relevant authorities, file an insurance claim, and contact a personal injury attorney.
Is Texas an at-fault state or is it a no-fault state? What does that mean?
Texas is an at-fault state, which means that the person or entity that caused the accident is generally responsible for compensating the injured party. This system is also known as a tort liability system, where negligence and liability are based on who is at fault. Under this system, the injured party can file a personal injury claim against the at-fault party to recover damages and losses, including but not limited to medical expenses, property damages, loss of income, and more.
What happens if your negligence contributed to your injuries?
In Texas, if the injured party’s negligence contributed to their injury, the damages they can recover may be reduced. However, Texas follows the modified comparative negligence rule, in which an injured party can still recover damages as long as their fault is less than 51%. For example, if an injured person is 20% at fault for the accident, their compensation will be reduced by 20%. If their fault is more than 50%, they cannot recover any damages.
What should you know about speaking with the insurance adjuster?
After an accident, one of the first steps you will take is filing a claim against the at-fault party’s insurance company. The insurance company will assign an adjuster to your case who will investigate the accident and make a determination about the value of your claim.
Keep in mind that the adjuster is not on your side and may attempt to minimize the value of your claim. That is why it makes sense to be cautious when speaking with the adjuster and avoid admitting fault, making unnecessary statements, or volunteering information. It is critical that you document any correspondence with the adjuster, including emails and voicemails.
Is there a time limit to filing a personal injury claim in Texas?
Yes. Like all other states, Texas has a statute of limitations for personal injury lawsuits, meaning that you have a limited period of time in which to sue the at-fault party. In most cases, you have two years from the date of the accident to file a claim. However, some exceptions may apply, such as cases involving minors. Consult with an attorney to discuss the time limit for your case and to ensure that your lawsuit is filed in a timely manner.
Will my personal injury claim settle or go to court?
The majority of personal injury claims are settled out of court, often through negotiations with the at-fault party’s insurance company. However, in some cases, it may be necessary to take your case to court in order to fight for fair compensation for your injuries. The experienced personal injury attorneys here at the Haslam Firm can assess the strength of your case and advise you on whether your case is more likely to settle or proceed to court to maximize your compensation.
Are there any benefits of hiring a personal injury attorney?
Hiring a personal injury attorney offers a number of benefits. An attorney can help you understand your legal rights and options, navigate the complexities of the legal system while you focus on your recovery, and handle communications with insurance companies on your behalf so you don’t have to.
Additionally, an attorney can advise you on the value of your claim and work to ensure that you receive the compensation to which you are entitled under Texas law. Working with an attorney can alleviate much of the stress and anxiety of pursuing a personal injury claim, allowing you to focus on your treatment and recovery.
Ready To File Your Claim?
Understanding the basics of filing a personal injury claim can help you make informed decisions about your case. If you were injured and are considering filing a personal injury claim, contact our attorneys at The Haslam Firm. We can answer your questions and provide you with the legal advice and guidance you need through the claims process. Reach out to our office in Fort Worth, Texas, to set up a free consultation.