Filing and Pursuing a Personal Injury Claim in Texas
- January 30, 2019
- The Law Office of Greg Tsioros
- Comments Off on Filing and Pursuing a Personal Injury Claim in Texas
You probably go about your business each day never expecting to be the victim of an accident. When you are injured because of circumstances like a car accident, animal bite, or exposure to toxins, you have the right to pursue compensation under Texas state laws. You can file and see a personal injury case through to the end by learning more about this area of law and how it can help you get the resolution to which you are entitled as an accident victim.
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Examples of Personal Injuries in Texas
Texas personal injury laws cover a broad scope of incidences that can result in someone getting injured or sick or even killed. Some of the more common examples of events that can cause personal injuries include:
- Vehicle accidents
- Slip and fall accidents
- Workplace accidents
- Use of dangerous products
- Exposure to toxins like asbestos
- Assault and battery
- Animal bites
- Spinal cord injuries
- Food poisoning
Personal injury laws in Texas can even extend to circumstances like legal or medical malpractice, libel or slander, and wrongful death.
If you are the victim of any of these incidences, you should consult with an experienced personal injury attorney to determine if you should file a lawsuit against the responsible party.
The Process of Filing a Texas Personal Injury Case
The process of filing a personal injury case in Texas begins with consulting with a skilled personal injury lawyer. Many personal injury attorneys in Texas offer free consultations to accident victims. During this initial no-cost meeting, you have the opportunity to find out if you have a valid case that you can file and take to court and win.
This meeting is also the time for you to tell the attorney what happened to you and how the resulting injury or illness has impacted your life. Based on what you tell the attorney, you will be advised about how to best proceed with the case. The attorney will also advise you about what types of compensation you might be entitled to under current Texas law.
Depending on the circumstances of your accident, you might be entitled to economic damages that will compensate you for accident-related expenses like:
- Hospital and medical costs
- Lost wages
- Property damage expenses
You also may be entitled to non-economic damages that compensate you for your pain, suffering, mental anguish, and disfigurement as the result of the accident.
Finally, Texas state law may entitle you to pursue exemplary or punitive damages. These damages punish the at-fault party for his or her negligence, recklessness, or intentional malice.
Once you and your personal injury attorney agree about how to proceed with the case, your attorney can begin the process of gathering evidence. The legal team assigned to your case will begin working immediately to determine who or what was responsible for the accident and who can be held responsible for the resulting damages.
The evidence gathering process involves:
- Taking statements from you and eyewitnesses about what happened
- Gathering your accident-related medical records
- Obtaining incident or police reports for the accident
- Consulting with experts to determine the causes and prognosis of your injuries
Based on the evidence gathered in this process, your attorney will determine what kind of compensation, litigation, or settlement to pursue.
Pursuing a Settlement or Judgment
Depending on the circumstances of your accident, your attorney may decide it is best to pursue a settlement rather than file a lawsuit to take to court. Pursuing a settlement could be in your best interest and protect you from time consuming and emotionally wrenching litigation.
Your attorney may also decide it is best to work out a settlement for you if you are experiencing extreme financial difficulties. When you cannot pay your bills or meet other everyday expenses, a settlement could quickly get you back on your feet financially and allow you to move on with your life.
The settlement of course will be based on making both parties involved in the case happy. Your attorney will also be entitled to take his or her share of the judgment. Still, the money will allow you to focus on resuming your life and recovering from your accident-related injury or illness. The responsible party also avoids the public scrutiny and media attention that can come with litigation in court.
Alternatively, your attorney may decide it is better to file a lawsuit and take it to court in front of a judge or jury. This especially may be the case if the responsible party is not willing to negotiate or offer the amount of money that your attorney deems fair for a judgment.
If your attorney decides to file a lawsuit, he or she will submit all of the required legal documents to the court. These documents will highlight to the judge and responsible party the monetary, physical, and emotional losses you suffered as the result of the accident. The defendant will then have a limited amount of time to respond to the lawsuit.
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Why Hire a Personal Injury Law to Represent You after an Accident?
After you have been injured in an accident, you may not have any idea of what steps to take to protect your best interests. The responsible party may even pressure you into taking the blame or not accepting compensation for your damages.
When you hire a personal injury lawyer, you immediately gain an important advocate who can protect your best interests and act on your behalf in and out of court. A personal injury lawyer will know what Texas state laws apply to your case and will use them to get you the justice and compensation to which you are legally entitled.
Your attorney will also make sure you are not threatened or pressured into admitting blame for the accident or refusing a settlement that can cover the losses you incurred as a result. He or she will use every legal resource available including filing a lawsuit, negotiating a settlement, or opting for mediation to work out a satisfactory result that is in your best interests.
A personal injury accident can rob you of your health, peace of mind, and financial stability. You do not have to pick up the pieces of your life after an accident alone. You can get an important legal ally who can file a lawsuit or negotiate a settlement on your behalf when you hire a personal injury lawyer in Texas to represent you today.