THE PERSONAL INJURY CLAIMS PROCESS IN TEXAS
March 16, 2021
Statistics from the Texas Department of Transportation indicate that there were 439,388 total crashes statewide, comprising 139,598 possible injuries and 1,867 fatalities in 2019. Getting hurt in a traffic collision can be emotional and unsettling. If you or a family member suffered an injury in a traffic crash caused by the negligent actions of someone else, you may seek fair financial compensation by filing a personal injury claim.
At The Fostel Law Firm, I am committed to offering comprehensive legal counsel and strong representation to clients in personal injury matters and traffic accident cases. As an experienced Texas personal injury attorney, I can fight to protect your rights and pursue rightful compensation to cover medical expenses, lost wages, or pain and suffering. My firm — The Fostel Law Firm — is a nationwide practice and is willing to review cases from any state.
Personal Injury in Texas
Under Texas law, a personal injury action may be brought when the negligent or wrongful actions of one party cause another party to suffer injuries. In order to prove fault in a Texas personal injury case, the plaintiff must show that:
The at-fault party had a legal duty of care to prevent harm
The at-fault party breached this duty of care
The at-fault party's breach of duty of care directly caused the plaintiff’s injury
The plaintiff suffered or sustained measurable harm, damages, or losses
Examples of Personal Injury
Some common types of personal injury cases in Texas include:
Slip and fall accidents
Dog bites and other animal attacks
Oil field accidents
Injuries from exposure
Aviation and boating accidents
Covid 19 Exposure
Personal Injury vs. Bodily Injury
As mentioned earlier, a personal injury may be any type of injury sustained in a negligent accident. A personal injury claim may be filed by the victim to recover damages from the at-fault party. Conversely, a bodily injury may imply physical injuries or damages sustained by another person, usually in an auto accident. A bodily injury claim may cover physical injury that happens to you or another person in an accident.
Texas Laws Addressing Personal Injury
Texas is an "at-fault" state. This means that the at-fault party (the person who caused the accident) will be held liable for any injury or damages sustained by the accident victims.
Modified Comparative Negligence
Texas uses a "modified comparative negligence" rule, with a 51% bar. Under this rule, an injured victim may be barred from seeking compensation if they are determined to have been 51% or more responsible for the accident. Therefore, you will only be eligible to recover damages if you are less than 50% at fault for the traffic crash.
For example, if the judge awards $70,000 in total compensation and finds your share of negligence to be 30%, the total damages you will receive will be 70% of $70,000 ($49,000).
Statute of Limitations
According to the Texas Civil Practice & Remedies Code Section 16.003 (a), a person injured in a car accident (including drivers, passengers, motorcyclists, bicyclists, and pedestrians) must bring an action for personal injury within two years from the day the crash occurred.
Filing a Personal Injury Claim
In Texas, the victim of an accident can move forward by:
Filing injury claims with their own insurance carrier
Filing third-party claims directly with the insurance provider of the at-fault party
Filing a personal injury lawsuit in civil court against the at-fault party
The following damages may be recovered in a personal injury claim:
Medical expenses, including future medical costs for treatments related to the crash
Lost wages or income, including sick leave, overtime, and other benefits
Out of pocket expenses due to the injury
Compensation for reduced earning capability
Pain and suffering
Loss of enjoyment of life
Loss of love, companionship, affection, and comfort provided by the injured person
Hire an Experienced Attorney
Being involved in a traffic accident caused by another person's wrongful act can be an overwhelming experience. If the accident results in severe injuries, hospitalization, missed time at work, and medical treatments, dealing with the ramifications can be even more difficult and stressful. You don't have to go through it alone. Hiring a knowledgeable personal injury attorney immediately is crucial to protect your rights and help pursue fair compensation.
At The Fostel Law Firm, I am focused on handling personal injury cases and protecting the rights of auto accident victims and their families. As your legal counsel, I can:
Fight compassionately to protect your rights and represent your best interests
Review every detail of your case
Conduct a detailed, private investigation into the incident
Gather all necessary information, evidence, and medical documentation
Review accident reports and interview witnesses
Seek to prove fault and establish liability
Help negotiate a fair settlement with the insurance carrier
Take further legal action by filing a personal injury, if needed
Skilled Legal Guidance
in Houston, Texas
Contact me at The Fostel Law Firm today to schedule a consultation with an experienced Texas personal injury attorney. I can fight on your behalf to protect your rights and help you pursue rightful compensation for your injuries and property damage. My firm proudly represents injury victims and their families across Houston, Texas, and the Southeast New Mexico area.