Can I Still Get Compensation If I Was Partly to Blame for My Injuries?
If you were partly to blame for your injuries, you can still recover partial compensation. This is due to Texas’s modified comparative negligence system, also known as proportionate responsibility.
Under this system, victims can still recover compensation as long as they were 50 percent or less at fault for the incident that caused their injuries. However, the amount of compensation you could receive through a trial award will be reduced by a percentage equal to your assigned degree of fault. So, if a jury found you to be 30 percent at fault, and the court award is $100,000, you could still recover $70,000, which is 30 percent less than your awarded compensation.
How Soon Should I Start a Personal Injury Claim?
The best time to get started on your personal injury claim is right now. The sooner you start, the stronger your case will be, and the less likely you are to miss the filing deadline.
Personal injury cases take time to build. Your lawyer has to gather evidence, speak to experts, and organize your arguments. They also have to negotiate with the at-fault party’s insurance company and prepare for trial if those negotiations break down.
This means that the earlier you engage an attorney, the more time your lawyer will have to build a robust case, which may be reflected in your compensation.
How Long Do I Have in Texas to File a Personal Injury Lawsuit?
Generally, personal injury victims have two years to file lawsuits against the parties responsible for their injuries under Texas’s statute of limitations. You must file your lawsuit within this deadline to prevent the courts from barring you from seeking compensation for your injuries.
The best way to stay ahead of this and any other deadline associated with your personal injury lawsuit is to hire a personal injury attorney in Houston to handle your case on your behalf.
How Long Does a Typical Personal Injury Case Last?
The time it takes to wrap up a personal injury case varies on a case-by-case basis. If your case is straightforward, your injuries are minor, and the insurance company accepts your claim, it may be concluded in a matter of weeks. However, if your case is complex, involving several parties and liability disputes, it may take several months or even years, particularly if it goes to trial.
A typical personal injury case that ends with a settlement may take six to nine months. In contrast, a lawsuit that resolves through a trial may take over a year. For a better idea of how long your case could take, consult a personal injury attorney who can assess your situation.
What Must Be Proven in a Personal Injury Claim?
To successfully recover compensation through a personal injury claim, you must prove that the at-fault party caused your injuries and that you sustained losses as a result.
Proving that someone else caused your injuries relies on gathering several types of key evidence, including the following:
- Accident scene photographs
- Surveillance or traffic camera footage
- Eyewitness statements
- Testimony from medical providers and accident reconstruction specialists
Your lawyer can use this evidence to illustrate how the at-fault party’s actions directly caused or contributed to your injuries.
Proving that you sustained losses because of those injuries involves gathering several other types of evidence, such as the following:
- Medical records
- Income statements
- Vocational expert testimony
Your lawyer can use this evidence to illustrate the extent of your losses and calculate their fair value.
What Are Common Personal Injury Cases?
Personal injury cases can arise from a wide range of incidents. Some of the most common causes of personal injury claims in Houston include the following:
- Car Accidents – Collisions on busy Houston roadways like I-45, U.S. Route 59, and Westheimer Road can cause severe injuries. Our lawyers handle every type of car accident, from minor fender benders to major highway crashes.
- Truck Accidents – 18-wheelers, semi-trucks, big rigs, and other commercial vehicles can cause catastrophic injuries on I-10, I-610, and the Sam Houston Tollway, due to their size and weight. These accidents often involve federal regulation
- Motorcycle Accidents – Our law firm is experienced in fighting against unfair biases that the insurance companies hold against motorcyclists, who have the same road rights as other motorists.
- Bicycle Accidents – Motorists often strike cyclists because they aren’t paying attention or are driving aggressively. These accidents may result in head injuries, broken bones, and road rash.
- Pedestrian Accidents – These accidents occur when a motorist collides with a pedestrian, typically while the pedestrian is crossing the street. It’s important to note that pedestrians have the right of way when crossing in a crosswalk.
- Slip-and-Falls – Wet or otherwise slippery surfaces, cracked pavement, loose carpeting, and damaged stairs can all cause visitors to slip and fall, leaving the property owner open to liability.
- Dog Bites – Dog attacks can cause serious injuries, including lacerations, puncture wounds, and broken bones. In Texas, a dog’s owner may be liable for injuries if they knew or should have known their dog was dangerous.
- Defective Products – Products with design, manufacturing, or warning label defects can put consumers at risk of serious bodily harm.
What Types of Injuries Happen Due to Personal Injury Accidents?
A personal injury accident can lead to many kinds of injuries, some of which may heal on their own over time, some of which may require medical intervention, and some of which may result in permanent disability. The following are common injuries seen in these cases:
- Traumatic brain injuries caused by blows to the head
- Spinal cord injuries potentially leading to paralysis
- Soft tissue injuries affecting the muscles, tendons, and ligaments
- Various types of bone fractures
- Damage to internal organs caused by blunt forces
- Lacerations and puncture wounds
- Burn injuries due to fire or chemical exposure
Contact a Houston Personal Injury Attorney Today
If someone else injured you in Texas, contact The Patel Firm for a free case evaluation from one of our experienced Houston personal injury attorneys. You may contact us 24/7, and we respond quickly to calls, texts, and emails.
Contact us today for a free, no-obligation case evaluation and discover how we can help recover the compensation you need to get your life back on track. Your consultation is fully confidential, and there are no fees unless we recover compensation for you.
