Personal injury claims can be solved in the same way throughout most states in the U.S., but there are some variances in Texas. If you have been involved in an accident, you will need to know about these differences and how claims work in Texas.
The statute of limitations
In Texas, the statute of limitations to file a personal injury claim after an accident is two years. If you have been injured in a serious accident, the situation will be stressful enough, especially if you are in the hospital. As long as you file a claim within two years from the date of the accident, it will still be valid. That being said, it is best to file a claim as soon as possible. There are some exceptions to the two-year rule to be aware of.
- For product liability and defective product cases, the statute of limitations is fifteen years and possibly longer. This is known as the statute of repose.
- If you plan on suing an employee of the state of Texas or a government entity, the time limit is only six months.
Timing is important
The first thing an accident victim should focus on is their medical needs and healing. Once you settle a personal injury claim, you cannot seek any further compensation. This means that if you do not know all of the medical issues that resulted from the accident, you can’t file another claim. The best way to make sure you get the compensation you deserve is to wait until you have the fullest knowledge of your medical issues and needs.
How to file a personal injury claim in Texas
Your first step after experiencing an accident caused by someone else should be to contact a personal injury attorney. They will be able to tell you if you have a case. The attorney you choose will matter. They must be experienced and knowledgeable in your specific type of accident. It is best to set up consultations with a few attorneys to see which one is right for you.
Preparing for consultations
The attorneys you meet with will spend some time with you to gather details about your accident and injuries. You will need to bring any related documents like medical bills, video and pictures from the accident, and police reports. These will help to show that you do have a case. You will also need documents from your employer if you are unable to work or have missed work due to your injuries.
Once you have chosen an attorney, they will begin to gather more detailed information. They will speak with the people involved in the accident, doctors, witnesses, law enforcement, and insurance companies, among others. Your personal injury attorney will use the information they gather to understand the percentage of fault on one (or more) sides as well as how much compensation you deserve.
Settling the claim or filing a lawsuit
Once your attorney has developed a solid case for you, they will seek to settle the claim with the other party. If that doesn’t work, they may speak with you about filing a personal injury lawsuit. If both parties decide to settle, that means that you could receive enough compensation for your injuries, or not. Your attorney will help you make the right decision for your situation. After the discovery process, where both parties produce evidence, negotiations can start. Some form of mediation can be used or a trial where a judge and/or jury are involved.
Do you need a personal injury attorney?
If you would like more information about filing a personal injury claim, Attorney Dean Boyd and his Team can help. We provide representation for accident victims to help them get the compensation they deserve. You can reach us at (806) 242-3333 or Contact Us by email for more information or schedule your free consultation.