When Should You File a Personal Injury Lawsuit in Texas?

injury lawsuit

It can feel like a daunting choice to file a personal injury lawsuit in Texas. After everything you go through following an injury, considering legal action is often too overwhelming, so you put the decision off, resolving to think about it another day.

Waiting to file a personal injury lawsuit is never the best option, though it is understandable why you may not feel up to the challenge. You have options in Texas that make it simple to begin the lawsuit process, allowing you to focus on the life you have missed after the days and weeks following your injuries. Wolf Law, PLLC will take on your legal battle, helping you secure compensation while allowing you to find your way back to a healthy state of being where you belong.

Filing a Personal Injury Lawsuit in Texas

Below, we cover two factors for determining when you should file a personal injury or catastrophic injury lawsuit in Texas. First, we will consider the timeframe that applies to filing. Then we will determine when it is necessary to file if a settlement is unattainable.

Time Matters in Personal Injury Lawsuits

Personal injury lawsuits arise after a victim sustains physical injuries due to someone or some entity’s negligence. Car accidents are the first thought most people have when hearing about personal injury lawsuits. But these lawsuits cover numerous types of accidents, including but not limited to:

  • Slip and fall accidents
  • Premises liability
  • Dog bites
  • Pedestrian accidents
  • Workplace injuries

The statute of limitations, or timeframe allowed by law, for filing a personal injury claim in Texas is two years from the date of the incident. There are few exceptions to this law, and failing to file within that timeframe will likely result in your case being dismissed by the courts. Two years may seem like a long time, but a lot can change in two years, meaning that filing sooner than later is always the best option.

Filing a personal injury lawsuit in Texas as soon as possible means that you have started the process within the allotted time, and insurance companies will often settle out of court to prevent a long legal battle. Filing a lawsuit does not mean you are locked into a court battle. There are always options, but only if you file a claim within the statute of limitations.

Why it is Imperative to File Your Injury Lawsuit as Soon as Possible

Time can change perspective, allowing for details to be forgotten or misremembered. This distortion also applies to the factors involved in a lawsuit. Here are a few reasons why filing a personal injury lawsuit sooner is the best option:

  • Details of an accident tend to be forgotten by the involved parties and witnesses
  • Witnesses become more challenging to locate
  • Critical information, such as video footage, commercial driving logs, and pictures, can be deleted or destroyed
  • The scene of the accident is modified and changed, altering critical contributors to your accident, such as loose boards on the steps that caused your fall being replaced

Let time work in your favor by not waiting to hire a lawyer to file a personal injury lawsuit on your behalf.

When it Becomes Necessary to File a Personal Injury Lawsuit

An injured victim should always file a claim with the negligent party’s insurance company to receive compensation. This step begins the claims process. But it can and often does become necessary to file a personal injury lawsuit, and several factors can severely limit the ability to be fairly compensated for your damages. Let’s look at those reasons.

The Responsible Party is Underinsured

Minimum insurance amounts are required for drivers, property owners and operators, and others. These policies may not provide enough coverage to take care of your expenses. Texas requires minimum coverage of $30,000 for personal injury in auto accidents. But medical bills can quickly exceed this limit. If your injuries require ongoing care and therapies, you must file a lawsuit to obtain the funds needed to pay for your medical care.

More Than One Party is Involved

Texas sees thousands of trucks on its roads every day. Suppose you are involved in an accident with a tractor-trailer. Your initial reaction is to blame the driver. But multiple parties can be responsible for a motor vehicle accident. Holding the responsible party or parties accountable may require a personal injury lawsuit. Those responsible parties may include:

  • The owner of the truck failed to perform routine maintenance, leading to the accident
  • The loaders of the truck’s cargo caused the trailer to swerve into another lane because of improper loading
  • A parts manufacturer created a faulty part, such as tires, that caused a blowout, resulting in an accident

Determining who is responsible for an accident and then requiring them to cover your resulting expenses is challenging. It is necessary to work with a dedicated team of Texas personal injury attorneys to determine who is responsible and take action against them in order to obtain fair compensation.

Negotiations Have Hit a Wall

There are ways to settle an injury claim without having to go to court. Insurance companies never come into the process planning to pay you the maximum compensation you deserve. Wolf Law, PLLC understands the tactics used by insurance companies and can manage the bargaining process for you.

Sometimes, mediation or arbitration can be used to settle disputes over compensation. But when the options for reaching an appropriate settlement have been exhausted, the next step is filing a lawsuit. An aggressive personal injury attorney will work with you through this process to attempt to reach a solution before going to court but will stand by you and be your advocate throughout the trial phase.

Clients that work with Wolf Law, PLLC have experienced our dedication and understand that we take every case seriously. Recovering compensation for your injuries is vital to us, and we never back down when negotiations are no longer possible as we are always ready to head to court and take every case to trial.

Your Case is Solid

A jury must be convinced of several factors to rule in your favor in a personal injury lawsuit. Our attorneys can look at your claim and determine whether sufficient evidence exists to present a solid case. When your case is strong, negotiations have ended, and you need compensation for your injuries, filing a lawsuit may be your best option.

Let Our Texas Personal Injury Attorneys Help You File a Lawsuit

Understandably, you are unsure where to begin or how to proceed with a lawsuit. Most people rarely have this experience, but we take on this task every day for Texans who are not being compensated for their damages resulting from a personal injury. Wolf Law, PLLC aggressively tackles cases for Texans needing compensation for their injuries.

Working with Wolf Law, PLLC ensures that you will be guided every step of the way through the legal process. Never wait until you have run out of options. Contact us today, and make our personal injury team your first choice in successfully beginning the personal injury claims process with a free consultation.