If you’re considering filing a personal injury claim, you probably have a lot of questions. Find out more about the process in this overview. We discuss several important topics including why you should file a claim, an overview of Texas personal injury laws, and we cover our frequently asked question.
Call Attorney Brian White & Associates today of if you have more questions.
Why Should I File a Personal Injury Claim?
Getting into an unexpected accident can be incredibly expensive. The National Safety Council determined that the average cost of an injury-causing car accident was $78,900. The costs of a fatal crash are nearly 20 times higher. Even just getting into a fender bender can cost nearly $10,000, on average. By filing a personal injury claim, you can recoup some or all of those costs. The money you’re awarded can make a massive difference in your life for years to come.
Texas Personal Injury Laws
Texas is a modified comparative negligence state. Basically, victims can recover compensation for an accident as long as they’re not primarily responsible for their injuries. In other words, you can recover money as long as you share less than 51 percent of the blame for an accident. Any fault that is allocated to you will affect how much money you can take home at the end of the day. If you’re 25 percent to blame, your damages will be reduced by 25 percent. This means that you can also be on the hook for 25 percent of other victims’ damages.
Frequently Asked Questions About Personal Injury Cases
Who Can File a Personal Injury Lawsuit?
There are two parties in a personal injury lawsuit – the plaintiff and the defendant. The plaintiff is the person who reserves the right to file a lawsuit and demand compensation. In order to have this right, the plaintiff must have been injured because of something the defendant did or did not do.
So, anyone who has been injured or harmed in some way because of another person’s conduct can file an injury claim. If the accident doesn’t survive, the right to file a claim isn’t lost. Rather, it simply shifts to the victim’s close family members (e.g., spouse, child, parent).
How Much is My Personal Injury Case Worth?
There are a lot of different factors that will be important in determining what your injury case is worth.
- Are your injuries mild, moderate, severe, or catastrophic?
- Will you be temporarily or permanently disabled?
- Will you have to rely on other people to help you perform routine daily tasks?
- Has your injury caused paralysis or disfigurement?
- Will you be able to go back to work in the same capacity?
- Will your ability to earn an income be affected in any way?
- How much of an impact has the trauma had on you?
- How pervasive are your pain and suffering?
- Was there any property damage? If so, how extensive?
The more serious and debilitating your injuries, the more your case will likely be worth. However, don’t think that you can’t recover a substantial award for minor or moderate injuries. Those types of injuries can end up costing you tens of thousands of dollars over the course of a lifetime. And that doesn’t even take into account the emotional distress and suffering you experience. Always consult with an attorney to make sure that your case is valued properly.
How Long Will My Personal Injury Case Take From Start to Finish?
It really depends. Some cases, where fault and liability are quite clear, can settle in a matter of weeks. Other cases, where at-fault parties and insurance companies refuse to accept responsibility, can take much longer to resolve. It could take months, or even years, especially if a case proceeds to trial.
Is there a way to accelerate the timeline? You can put pressure on insurance companies and negligent parties by hiring an attorney with a demonstrated track record of success in the courtroom.
How Long Will it Take to Receive Compensation Once My Case is Over?
If you settle, insurance companies have an obligation to act in good faith and issue payment within a reasonable amount of time. Your attorney will not let up until the insurer or negligent parties write a check and pays you the money you need.
If you win at trial, it could take a little bit longer to get money in your hands. The defendant could appeal the loss to a higher court, which would essentially freeze the case. However, your attorney will work diligently to make sure that you are able to receive the monetary award you deserve as quickly as possible after your case is resolved.