Texas is an at-fault state for personal injury cases. If you prove that another party caused the accident or other incident that resulted in your injury, you could be entitled to compensation for damages. However, you might be unsure about your legal rights and the personal injury claims process.
In this article, our Galveston personal injury lawyers at The Law Firm of Alton C. Todd answer common frequently asked questions (FAQs) about personal injury cases. If you have additional questions, we encourage you to schedule a free consultation with our office to discuss your case in detail with a lawyer.
Answers to Personal Injury FAQs That You Need To Know
Things you need to know about a Texas personal injury claim include:
What Compensation Can I Receive for a Texas Personal Injury Case?
Texas personal injury laws provide compensatory damages for injury and accident claims. Therefore, you could receive compensation for your economic damages, including:
- Past and future medical bills and expenses
- Out-of-pocket expenses
- Lost wages and diminished earning capacity
- Rehabilitation therapy, including physical and occupational therapies
- Personal care and household services
You can also receive non-economic damages for your pain and suffering, including:
- Scarring, disfigurement, impairments, and disabilities
- Loss of enjoyment of life
- Mental anguish and emotional distress
- Diminished quality of life
- Physical pain and discomfort
In specific cases, juries award punitive damages to punish the defendant for their conduct. You would need to prove the elements of punitive damages in addition to proving causation and fault to establish liability for compensatory damages.
How Much Is My Galveston Personal Injury Case Worth?
Many factors impact how much a personal case is worth. Factors that can affect how much you receive for your personal injury claim include, but are not limited to:
- The type of injuries you sustain and the medical treatment required for your injuries
- How long it takes to complete the treatment plan to reach maximum medical improvement
- Whether you sustain permanent impairments and disabilities
- The parties involved in your case
- The availability of insurance coverage and the policy limits
- The strength of the evidence proving your claim
- The total amount of your monetary losses and expenses
- Whether or not you can return to work or perform any work
- Your appearance before and after the injury (i.e., scarring and disfigurement)
- Whether you contributed to the cause of your injury
Our Galveston personal injury lawyers work to minimize factors that could lower the value of your case. We diligently work to maximize factors that can increase the amount of money you put in your pocket at the end of your case.
Can I Receive Compensation for a Personal Injury Claim if I’m Partially To Blame for Causing the Accident?
The contributory fault law in Texas does not automatically bar you from receiving compensation for a personal injury case if you are partially at fault for causing your injury. Instead, the proportionate responsibility law bars you from recovering damages if you are more than 50% at fault.
However, if you are less than 51% at fault, you can still receive a portion of your damages. The court decreases the amount of your compensation by your percentage of fault. For example, if the jurors decide you are 25% to blame for an accident, you would only receive 75% of the jury award.
What Is the Statute of Limitations for a Personal Injury Case in Texas?
A statute of limitations sets deadlines for filing lawsuits. The Texas statute of limitations for most personal injury cases is two years from the accident or injury date.
However, there are many types of cases and circumstances that result in different deadlines for filing lawsuits. Some exceptions include, but are not limited to:
- Cases involving minors
- Claims against government entities
- Claims based on sex crimes
- Medical malpractice claims
- Claims for first-party auto insurance claims
- Cases where the injury is subject to the discovery rule
The courts can dismiss lawsuits filed after the statute of limitations expires. Therefore, contacting a Galveston personal injury lawyer as soon as possible after an injury or accident helps protect your right to pursue your case in court.
Can an Injured Worker Sue for a Workplace Accident in Texas?
Many workers in Texas are covered by workers’ compensation insurance. If they are injured on the job, they can receive medical care at no cost. They can also receive benefits for lost income if they are out of work because of a work-related injury.
Workers’ compensation benefits are limited. They do not compensate an injured worker for all losses. Furthermore, injured workers cannot sue their employers for damages when their injury is covered by workers’ compensation in most cases.
However, workers’ comp does not prevent an injured worker from filing a personal injury claim against a third party. The injured worker could receive compensation for a personal injury claim, which includes damages not covered by workers’ comp.
Examples of third-party complaints for workplace accidents include, but are not limited to:
- Claims against manufacturers for defective product injuries
- An accident claim against an at-fault driver for an accident that occurred on the job
- Claims against property owners for hazardous property conditions
- Cases against contractors and sub-contractors for an unsafe work environment or negligence
Our lawyers evaluate your workplace accident claim to determine all claims and sources of compensation for your injuries. We pursue all available claims to increase your financial recovery.
How Much Does It Cost To Hire a Galveston Personal Injury Lawyer?
Our attorneys accept cases for a contingency fee. Therefore, you do not pay any fees up front to hire our law firm. Instead, we agree to accept a percentage of the amount we recover for your case as our attorney’s fees.
In other words, we are only paid if we obtain compensation for you. Contingency fees mean we are as invested in the outcome of your case as you.
Additionally, contingency fees allow injured victims access to sound legal representation even if they are out of work and/or do not have the funds to pay an expensive retainer fee to hire a personal injury attorney.
Learn More During a Free Consultation With Our Galveston Personal Injury Lawyers
Personal injury claims can be complex actions. Our Galveston personal injury lawyers with The Law Firm of Alton C. Todd have substantial experience, resources, and skills to handle the most complicated cases. Contact us today, you can call (409)-207-9299 to schedule your free case evaluation with an attorney.