It is not surprising to see that many people in Texas take pride in handling their business, considering how resilient the average individual is. However, it is different from personal injury claims, where some sort of guidance can impact the outcome of your case. Whether you slipped on a slick floor at the grocery store, got rear-ended while on a drive out, or found yourself nursing a dog bite, Texas law gives you the right to seek compensation when someone else’s carelessness causes you harm.
This beginner-friendly guide will walk you through the nitty-gritty of personal injury claims in Texas to help reduce your confusion and tension when involved in one.
A Good Place to Start: What is a Personal Injury Claim?
“At its core, a personal injury claim is a legal way to seek compensation when someone else’s carelessness or negligence causes you harm,” says Felix Gonzalez of Felix Gonzalez Accident and Injury Law Firm. It could be physical, emotional, or even financial damage. These claims cover a wide range of situations, ranging from car and truck accidents to dog bites or wrongful death.
So, if someone with a duty of care fails to carry out that duty, thereby resulting in an injury to you, you can make a claim against the person for compensation.
Examples of Personal Injury Cases You Can Recover Damages for in Texas?
Texans face the same kinds of accidents as anyone else, but here are a few big-ticket categories we see a lot:
- Car & Truck Accidents: With the long highways in Texas and love for big pickups, wrecks are a dime a dozen. If someone rear-ends you while texting and driving, that is a potential claim you can make for compensation.
- Premises Liability: Did you tumble on a wet floor on public property or get hit by something while sipping tea at a coffee shop? If the owner knew or should have known about the danger and failed to rectify it, they could be held liable.
- Dog Bites: In Texas, owners can be held liable if their dog attacks, especially if they were aware of the dog’s history of biting.
- Medical Malpractice: Doctors are only human, but when they make serious mistakes, patients suffer severe consequences. These cases are complex and require professional help in gathering evidence and preparing a case.
How Personal Injury Claims Work in Texas
Now that you know what qualifies as a personal injury, here is how the whole process of bringing a claim works:
- Seek Medical Attention
Your health comes first, so even if you think you only have a slight pain, still try to get yourself checked. Medical records are also very crucial in building and proving your case when negotiating or litigating.
- Gather Evidence
Photos, videos, witness names, and police reports are essential tools that should be included in your case file. The more proof you have, the better your chances of getting justice and fair compensation.
- Talk to a Texas Personal Injury Lawyer
Sure, you could try to go at it alone, but things can get complicated real quick and take a different turn from what you anticipated. A personal injury attorney will know how to review your case and come up with a unique strategy for a decent chance at an outcome you want. They can achieve this through careful negotiation with insurance companies or the at-fault party, or by going to trial, where settling can be difficult.
The Modified Comparative Fault Rule in Texas Simplified
To recover damages under this rule in Texas, a person must be less than 50 percent at fault. If 51 percent or more are found to be at fault, claiming compensation may be difficult or even impossible. It’s also important to note that being less than 50 percent at fault does not guarantee full compensation. The amount recovered will reflect the other party’s percentage of fault, reduced by the individual’s own contribution to the incident.
Conclusion
Personal injury claims in Texas can feel like riding a bull: intimidating, unpredictable, and risky. However, with the proper guidance, you can stand tall and obtain the justice you deserve. If you or a loved one has been hurt due to someone else’s negligence, do not panic or miss out on a chance at compensation. Reach out to a personal injury lawyer in Texas to discuss your case and explore legal strategies available to you.
