Personal Injury FAQs
Do I really need an attorney to help me with my case?
While there is no law stating that you have to have an attorney representing you to file a personal injury claim, the reality is that filing and arguing a personal injury case is extremely complicated, and even a minor procedural oversight could result in your case being thrown out.
Additionally, in almost any situation, you can expect that the individual or company you are suing will have an experienced attorney defending them. Most large companies have huge teams of lawyers ready to defend them against injury claims, so you need to make sure that you have an equally experienced and aggressive team ready to fight for your rights and interests.
How long do I have to file a claim?
If you or someone you love has been injured because of the negligence or recklessness of another person or entity, you do not have an unlimited amount of time in which to file a personal injury lawsuit in order to seek compensation for your resulting losses. Known as the statute of limitations, individuals have a limited amount of time in which to file a lawsuit, after which point they are no longer able to pursue a claim, regardless of the validity of their case.
In the state of Texas, individuals have 2 years from the date of their injury to file a suit for compensation.
When should I contact an attorney?
After suffering an injury at the hands of another person, an unfortunately common mistake that accident victims make is waiting too long to contact an attorney. In the initial days and weeks after an accident, there is an enormous amount of valuable information and evidence that needs to be collected in order to prepare an effective and convincing personal injury case.
Additionally, in some cases, individuals wait too long to file their case, extending the statute of limitations, and making it impossible for them to file a personal injury lawsuit against the party responsible for their needless suffering. As such, it is highly encouraged that accident victims contact an attorney as soon as possible following an injury so that they can ensure their legal rights are protected, and they do not miss out on the opportunity to file a claim.
Who is responsible for the 18-wheeler accident that left me injured?
18-wheelers are a common presence on roadways across the United States and unfortunately can cause serious injury and property damage if they are involved in a collision. When accidents involving these vehicles do occur, there are a number of different parties that could bear responsibility for the accident.
In many cases, a mistake that the driver made behind the wheel is found to be the root cause of an accident. However, in other circumstances, a trucking company could bear responsibility, especially if they violated hours of service regulations for their drivers or failed to properly screen or train their drivers. Additionally, in some cases responsibility lies with a vehicle or parts manufacturer if a semi-truck accident resulted from a vehicle defect or malfunction.
What is my case worth?
Without knowing the specific details of your accident, it is difficult to say outright what you could be awarded in a successful personal injury lawsuit. However, many people are able to secure partial or full coverage for their medical bills, ongoing therapy/rehabilitation costs, property damage, and missed wages from time away from work through a lawsuit.
Additionally, in some cases, individuals can also receive compensation for non-quantifiable losses, such as pain and suffering, emotional damages, or loss of companionship in the case of wrongful death claims. An experienced Houston personal injury lawyer can help you evaluate the details of your case and give you a more specific idea as to what type of compensation you could expect from your case.
If my spouse was killed in an accident, am I eligible for compensation?
Texas law allows for an individual to bring a wrongful death lawsuit if their spouse’s death resulted from the “wrongful act, neglect, carelessness, unskillfulness, or default” of another person or entity. Additionally, the surviving children, parents, or in some cases, estate executor, may also be eligible to file a lawsuit.
Through a wrongful death lawsuit in Texas, claimants may be able to receive compensation for loss of the deceased’s future earning potential, care they would have provided to the family, companionship, inheritance, as well as compensation for emotional pain and suffering resulting from the untimely passing of the deceased.