Getting into an accident and being injured due to someone else’s negligence can be a distressing experience, causing you to put your life on pause as you recover, draining your finances, and creating new burdens on your and your family’s life.
You may be entitled to compensation if you have experienced a personal injury. However, there are some things that you should know before filing your personal injury claim. Continue reading to learn some essential information to know before initiating the legal process.
Requirements of a Personal Injury Claim
When you are hurt due to another person’s negligent behavior, a personal injury claim allows you to seek compensation for your losses. Under Texas Law, a personal injury claim must have four elements to substantiate a negligence claim against another party. Texas Civil Practice and Remedies Code Chapter 41 requires these key factors:
- Duty of Care: The defendant owed you a legal duty to keep you safe.
- Breach of Duty: They did not fulfill their duty due to lack of action or intentional action.
- Causation: The defendant’s breach directly caused your personal injury.
- Damages: You suffered an injury and losses as a result of the defendant’s actions.
Types of Personal Injury Claims You Can Pursue
In personal injury law, there are many different types of claims. Understanding how your injury is categorized can help you better file your claim, find legal precedents, and hire an experienced lawyer to help maximize your chances of a fair settlement.
At Wolf Law PLLC, some of the common types of personal injury claims we help with include:
- Car accidents – one of the most common personal injury claims we see; these include crashes involving cars, motorcycles, bicyclists, and pedestrians.
- Truck accidents – commercial trucking accidents or those involving other large vehicles can involve severe injuries, understanding of specific laws and regulations, and niche evidence types like black box devices.
- Premises liability – injuries that occur on private or public property due to hazardous conditions and negligent property management, also called slip-and-fall accidents.
- Workplace accidents – injuries that happen at work and on the job, often covered by workers’ compensation.
- Wrongful death – claims brought by the family of the deceased individual when their death was caused by someone’s negligence.
Types of Compensation Available in a Personal Injury Claim
Types of Compensation Available in a Personal Injury ClaimTexas Civil Practice and Remedies Code 41.001 allows victims of personal injury to recover various types of damages to compensate for their losses.
There are two kinds of damages under Texas Law: economic and non-economic.
Economic damages encompass tangible, quantifiable losses, such as medical expenses, lost wages, property damage, and out-of-pocket expenses.
Non-economic damages are harder to calculate. They include intangible losses such as mental anguish, pain and suffering, lost relationships, and loss of enjoyment of life. These damages are typically determined by factors such as the severity of the injury and the amount of negligence shown by the at-fault party.
How Long Do Personal Injury Lawsuits Last?
The timeline for a personal injury lawsuit can vary dramatically, depending on the complexity of the case, the tenacity of the parties involved, and the nuances of the legal process.
While some cases are resolved within a few months, others may stretch on for years, creating a stressful and emotionally draining journey for victims.
It is Better to Start the Investigation As Soon As Possible
Under Texas law (Section 16.003 of the Texas Civil Practice and Remedies Code), the general statute of limitations for most personal injury claims is two years. This means you must typically file your lawsuit within two years from the date of the injury.
There may be some exceptions to this deadline if you were a minor at the time of the injury, if you were incapacitated and that prevented you from filing a claim, or if you discovered the injury later.
Get a Free Consultation and Case Evaluation for Your Personal Injury Claim Today
Do not delay in consulting a legal representative after an injury. Insurance companies are not typically motivated to pay out claims quickly, and valuable time can be lost while you navigate the red tape they may have. Contact a knowledgeable personal injury attorney as soon as possible to learn about your rights.
At Wolf Law PLLC, we understand that navigating the aftermath of a personal injury can be a profoundly challenging and overwhelming experience. The stress can be immense, from dealing with medical appointments and mounting medical bills to navigating complex insurance claims. You should not have to face these challenges alone.
Our team of personal injury attorneys is dedicated to providing compassionate and effective legal support every step of the way. We are your advocates, fighting tirelessly to make sure you receive the fair compensation you deserve for your injuries.
Schedule a free consultation with one of our experienced attorneys to discuss your case and explore your legal options.