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Personal Injury in Texas: 9 Frequently Asked Questions

After a serious accident, you need money to pay your bills and support your family. The personal injury claims process exists to help injured victims get justice and accountability. Unfortunately, too many people struggle to get the full and fair financial support that they deserve. It is crucial that you understand your rights, responsibilities, and options after a major accident.

At Thornton Esquire Law Group, PLLC, we provide top level legal representation to injured victims and their families. Negligent defendants and insurers must be held accountable. You need full financial compensation after an accident. Here, our Houston personal injury attorney provides answers to 10 of the most frequently asked questions about personal injury claims in Texas.

1. What Should I Do to Protect My Rights After an Accident?

Following a serious accident in Southeast Texas, it is crucial that you take the proper steps to protect your health, safety, well-being, and legal rights. To start, injured victims should seek immediate attention from a qualified doctor. Not only is seeing a doctor important for your health, you must see a doctor to be eligible to bring a personal injury claim. Beyond seeing a doctor, it is important to proactively document your accident. The sooner you consult with an experienced Houston, TX personal injury lawyer, the better position you will be in to bring a legal claim.

2. How Long Do I Have to File a Personal Injury Claim in Texas?

You must initiate a personal injury claim before the statute of limitations expires. In Texas, most personal injury cases are subject to a two-year statute of limitations. Any personal injury lawsuit must be filed within two years of the date of the accident. Though, there are some limited exceptions to our state’s general statute of limitations. You may have more or less time to file in certain circumstances. A Houston personal injury lawyer can answer questions about the statute of limitations.

3. Should I Give a Recorded Statement to an Insurance Adjuster After a Serious Accident?

No—at least not until you consult with an experienced Houston personal injury attorney. An insurance adjuster may reach out to you shortly after an accident seeking information. As a general rule, insurance company representatives are looking for things that they can use against you to reduce the value of your claim. You are not required to submit a recorded statement immediately after a serious accident. Work with insurers through a Houston personal injury lawyer.

4. Who Is Liable for a Personal Injury in Texas?

In Texas, personal injury liability is generally based on fault. Put another way, the party found to be “at fault” for causing your accident can be held liable for your damages. Fault usually arises based on the legal theory of negligence. If your accident was caused by negligence—on the part of a driver, a trucking company, a business, a property owner, or any other party—you can hold them liable.

5. How Is Negligence Defined in Texas?

Negligence is the failure to take reasonable care. What constitutes negligence is highly fact-specific. A party is negligent if they fail to act with the care that a reasonably prudent person would have acted within under similar circumstances. As an example, a driver who runs a red light and causes a crash is negligent. A reasonably prudent driver would have stopped. Likewise, a property owner that lives a slip and fall hazard unaddressed for multiple hours may also be deemed negligent. A reasonably prudent property owner would have taken action to keep guests safe.

6. What Is the Texas Comparative Negligence Standard?

Under Texas law (Tex. Civ. Prac. & Rem. Code Ann. § 33.001), tort claims are subject to a proportionate responsible standard. Also known as comparative negligence, each party to an accident in Texas will be held liable in a manner proportionate to their share of the fault. An injured victim could even be held partially responsible for their own accident.

7. How Much Is My Personal Injury Claim Worth?

With a small exception for punitive damages, Texas allows injured victims to seek compensatory damages. In other words, the value of your personal injury claim will be worth the actual extent of your economic and non-economic damages.

8. What Types of Compensation Can I Recover After an Accident in Texas?

In Texas, you can seek personal injury compensation for both economic and non-economic damages. You may be eligible to recover financial compensation for the following types of losses:

  • Property damage (motor vehicle repairs/replacement);
  • Ambulance costs and emergency room care;
  • Hospital bills and related health care costs;
  • Lost of current and future wages;
  • Pain and suffering;
  • Permanent scarring;
  • Physical impairment or disability; and
  • Wrongful death of a family member.
9. Will I Be Required to Go to Court as Part of My Personal Injury Case?

Most personal injury claims are settled outside of court. While litigation is always a possibility, only a small share (fewer than 5%) of personal injury cases go to trial. Most people who bring a personal injury claim after an accident in Texas are not required to go to court.

Call Our Houston Personal Injury Lawyer for a Free Consultation

At Thornton Esquire Law Group, PLLC, our Houston personal injury lawyer is a relentless advocate for injured victims. We are here to help you navigate the complexities of the personal injury claims process so that you can secure the full financial compensation you deserve. Call us at (713) 401-3998 or send us a direct message to arrange a free, no commitment review of your case. With an office in Houston, we represent injured victims in Harris County and throughout Southeast Texas.

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Selecting an attorney can be one of the most difficult decisions a person has to make. In what seems like an overwhelming sea of attorneys who do you choose? Are they qualified, compassionate, and are they willing to fight for you without compromising their integrity? When faced with this decision in 2016 I received this and more when I retained Rahlita Thornton as my attorney. Since 2016 she has represented me on several court cases and I've never been disappointed. She is well versed and very knowledgeable on many aspects of the law. Attorney Thornton and her staff work diligently to ensure no stone is left unturned and justice is served. When I was crippled with fear, bullied, and felt like giving up she was my voice. She is highly recommend and I'm truly blessed to have her in my life. TTW
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