Texas Personal Injury Attorneys
Personal injury claims may seem complicated at first, but with the help of an experienced Texas personal injury attorney, they can be easy to handle.
If you or a loved one has been injured in an accident in Texas, an attorney can help you file a claim and receive compensation for your damages.
Learn how personal injury claims work in Texas, how to file one, and why you might get compensation.
How Texas Personal Injury Claims Work
Texas personal injury law states that when someone is injured in an accident caused by another person's negligence, they can seek a settlement with the responsible party.
For example, if someone rear-ends you in a car accident and you are injured, you can seek a settlement from the at-fault driver or your insurance company.
Personal injury attorneys have years of experience holding responsible parties accountable and getting claimants the compensation they deserve.
A step-by-step guide to filing a personal injury claim in Texas
Most people have little experience with personal injury claims or know how the process works.
Use the following step-by-step guide to filing a claim after an accident in Texas:
Step 1: File your claim
The first step is officially filing a personal injury claim against all responsible parties. A claim informs the responsible parties that you want a settlement of your damages.
An experienced personal injury law firm attorney can help you properly present your claim.
Step 2: Negotiate a contract
The next step is to have your attorney contact all responsible parties regarding your settlement amount.
Offers are usually exchanged between your attorneys, insurance companies, or other responsible parties.
Your attorney will know what information to contact for the maximum settlement amount.
Most parties want to avoid going to trial, so the responsible party is incentivized to settle.
Step 3: If necessary, file a lawsuit.
In rare cases, a settlement agreement may only be reached between some involved parties. In these cases, your legal options include filing a personal injury lawsuit.
A lawsuit will take your case to court, where you'll be glad to have an experienced attorney who can tell the judge why you deserve a fair settlement.
Experienced accident attorneys like Florian have
What can affect personal injury cases in Texas?
Many factors can affect personal injury cases in Texas, including the following.
Fault, liability, and negligence
Fault and liability are two of the most important terms in any personal injury case.
Fault refers to the party that caused the accident, while liability refers to the party that is legally responsible for paying damages to the claimant.
The at-fault party must also prove negligence to file a personal injury claim.
Negligence means that a person or entity breaches their duty of care in an act that endangers others.
Suppose your attorney can prove that someone else was at fault and was negligent in causing the accident and your injuries. In that case, you may be able to file a personal injury claim against the responsible party. Can.
Type of injury and accident
The type of injury and accident can affect your case. Accident victims who suffer more serious injuries receive higher settlement amounts.
Certain types of accidents, such as truck accidents, have a higher rate of serious injuries.
Comparative negligence
In accordance with Texas law, you are still permitted to make a personal injury claim even if you contributed to the accident. Your settlement amount will be adjusted based on your percentage of fault.
An example of partial fault would be a car accident in which two or more drivers were negligent, causing the accident.
You cannot file a claim if you are more than 50% at fault in an accident.
TEXAS LAW LIMITATIONS
Texas law provides that people injured in accidents have up to two years to file a personal injury claim. If two years pass after your accident, you may be unable to file a claim.
Damage caps
Texas law has limitations on damages for certain types of claims.
For example, medical malpractice and claims against government agencies limit how much you can receive in a settlement.
Punitive damages also have a maximum limit, although it is rare for a judge to award them.
What types of accidents can give rise to personal injury claims?
Almost any situation could result in a successful personal injury claim if someone's negligence caused the accident and injuries.
Some common types of accidents that lead to personal injury lawsuits in Texas include:
- Slip and fall
- Dog bites
- Injuries
- Motorcycle accidents
- Car accidents
- Truck accidents
- Motorcycle accidents
- Premises Liability Cases
- Medical negligence
- Work-related events
- Product liability matters
- Rideshare accidents
- Wrongful death cases
If you are injured at work, this will likely lead to a workers' compensation claim, a separate category from personal injury claims.
Common injuries that may qualify for an injury claim
Injured individuals who have been injured due to the negligence of another party may be eligible to receive compensation through a personal injury claim.
Injuries that lead to claims can range from minor to severe, but more serious injuries result in higher settlements.
Some common injuries that lead to personal injury lawsuits in Texas include:
- Broken bones
- Traumatic brain injuries
- distortion
- Chest injuries
- Neck injuries
- Cicatriization
- to cut into pieces
- Back injuries
- the whip
- Head injuries
- Spinal cord injuries
- wrongful death (death)
An experienced attorney can help you determine whether your injury and the resulting medical bills and other expenses are enough to qualify for a personal injury claim.
Different Types of Damages in Texas Personal Injury Cases
The term "damages" refers to how your life has been affected.
When you file a personal injury claim against a responsible party, you want to receive financial compensation for your losses.
Damages can include the obvious, like property damage and medical bills, but more serious effects, like pain and suffering, can also be claimed as damages.
An experienced personal injury attorney can help you calculate your damages and get the most compensation for your claim.
Most damages in Texas personal injury cases fall into one of three categories: compensatory, general, and punitive.
Compensatory Damages
Compensatory damages (also called economic damages) are the simplest. This category aims to directly reimburse the amount lost due to an accident and resulting injuries.
Some of the most common expenses claimed as compensatory damages are medical care expenses, property damage, and lost wages.
It's important to note that personal injury settlements only happen once per claim, so it's important to calculate anticipated damages.
If you expect other medical care or cannot work because of your injuries, these anticipated effects may be included as compensatory damages.
General Damage
General damages (non-economic damages) are meant to cover anything not covered by compensatory damages.
Emotional distress, loss of relationships with family and loved ones, and pain and suffering can be claimed under general damages.
Suffering an injury can be very difficult, and general damages are intended to compensate claimants for the dark ways in which their injuries have affected their lives.
An experienced attorney can provide sound legal advice and help you find general damages you may not know you are eligible for.
Punitive Damages
Punitive damages are a way to punish the at-fault party for their negligence that caused the accident.
You cannot ask for punitive damages. A court can only award them during a personal injury case.
Texas has a cap on punitive damages, which means there is a limit to how much a court can award you for a single claim.
Is Hiring a Personal Injury Lawyer Expensive?
People may assume that filing a personal injury claim with the help of an attorney will cost them a fortune in attorney fees, but that is not always the case.
The personal injury attorneys at Florin|Roebig work on a contingency fee basis, which means they only get paid when you receive a settlement offer from the responsible party.
A personal injury attorney will advise you on whether you should file a claim during a free case evaluation. You can be sure they are giving honest advice, as they will only be paid a percentage of your settlement offer.
Most of the time, attorneys know whether filing a claim with legal representation will result in a favorable outcome.
List of the best personal injury attorneys in Texas
With two in-state offices in Dallas and Houston, our attorneys have decades of experience helping taxi drivers get the compensation they deserve after an injury.
Personal injury law is our area of practice expertise. Our team has won over a billion dollars in settlements for our clients, with numerous favorable verdicts in cases that have reached court.
Our team has recently been named to several prestigious lists, including one of America's Best Law Firms by News & World Report.
The team of qualified and experienced personal injury attorneys at the Florian|Robig Law Firm includes:
- Will H. Floren, BCS
- Tommy D. Robig, BCS
- Chase P. Florian, BCS
- Neil P. O'Brien, MBA
- Sean M. Cummings
- Luca G. Esposito
- Chad K. Florian, MBA, LL.M.
- Nicholas S. Constantine
- John J. Hart
- Parker Y. Florian, LL.M
- Taylor D. Robig
- Michael A. Osi, OC
- Lawrence J. Najm, OC
- Andrew M. Levin, OC
- Knowles R. Solarte, OC
Contact an experienced Texas personal injury attorney today.
If you or a loved one has been injured in an accident in the state of Texas, Florian
If you are seeking legal representation after an accident in Texas, or simply want to further discuss your options, contact the offices of Florin|Roebig today.
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