What Constitutes a Personal Injury Case in Texas?

 Posted on January 10, 2024 in Personal Injury

Personal injury law in Texas allows individuals to file civil lawsuits against other parties for injuries and damages suffered wholly or partially because of someone else’s negligence. A Texas personal injury attorney can help you determine what potential your situation may have.

Defining What Exactly“Injury” Means

A personal injury case requires that the person making the claim prove they endured some type of legally recognized injury. This injury can be physical, mental, emotional, or financial. Common personal injuries in accident cases include:

• Broken bones

• Sprains and strains

• Cuts and abrasions

• Head trauma or brain injuries

• Back and neck injuries

• Damaged organs

• Psychological trauma

• PTSD

• Lost income and wages

Proving Liability and Damages

In addition to demonstrating injury, the plaintiff (person filing the lawsuit) must show:

• The defendant owed them a legal duty of care, which was breached

• This breach directly caused the injury and damages

If liability cannot be sufficiently proven, there is no legitimate basis for a personal injury claim. Likewise, even if liability exists, measurable financial losses must exist for compensation to be awarded.

Statute of Limitations

All personal injury claims in Texas must be filed within a strict time limit after the incident occurs. This statute of limitations is typically two years from injury date for most cases. Not adhering to these deadlines forfeits an individual’s right to take any legal action.

Why Hire a Personal Injury Attorney?

Pursuing fair compensation after an accident often requires in-depth investigation, demanding negotiations with insurance providers not incentivized to pay out damages, and complex civil litigation. A lawyer simplifies this convoluted process by:

• Evaluating case details to confirm viability

• Gathering evidence to validate claims

• Determining all liable parties

• Filing paperwork within statutory limits

• Negotiating optimal settlement offers

• Taking the case to trial if settlements are unsatisfactory

No recovery and no fee agreements also ensure claimants can pursue justice without upfront costs or fees.

Contact an Austin, TX Personal Injury Lawyer

If you or a loved one experienced injuries from an accident caused by someone else’s reckless behavior, you may have a case. It is important to know that you have the right to see what you may be able to seek compensation for. A San Antonio, TX, personal injury attorney can help you carry the burden of gathering evidence, proving liability, filing your claim on time, negotiating with insurance companies, and taking legal action when necessary so you can focus on recovery. Call Alford & Clark Injury Attorneys at 210-951-9467 for a free consultation.