La Paloma Personal Injury Lawyer — Texas

How long do I have to file a personal injury lawsuit in Texas? Most personal injury claims in Texas must be filed within two years from the date of injury. Certain circumstances can modify that deadline, so it is important to consult promptly to protect your rights. If the defendant is a government entity, shorter notice requirements and special rules may apply. Early consultation helps identify the applicable time limits and any steps needed to preserve your claim.

Seek medical attention even if injuries seem minor, and obtain a medical record of your condition. Document the scene with photos, collect witness contact information when possible, and avoid admitting fault to other parties at the scene. Report the accident to police if required and notify your insurer per policy instructions. Contacting a law firm early can help preserve evidence and guide interactions with insurers and property owners.

Insurers often make early settlement offers that may not reflect long-term medical needs or full damages. Initial offers can be based on limited information and may overlook future costs or non-economic losses. Before accepting any offer, have your medical prognosis and total losses documented. Legal review can identify whether the offer is reasonable or if further negotiation is necessary to pursue fair compensation.

Fault is proven through evidence such as police reports, witness statements, traffic camera footage, vehicle damage, and expert analysis when needed. Medical records and a timeline of events also support causation between the accident and injuries. Collecting and preserving evidence early strengthens proof of liability. A coordinated investigation helps reconstruct events and present a persuasive claim to insurers or a court.

Texas follows a modified comparative fault rule, which can reduce recovery if the injured person is found partly responsible. If you are less than 51% at fault, you may still recover damages reduced by your percentage of fault. Understanding how fault is allocated requires careful review of the facts. Representation can help present mitigating evidence and dispute inaccurate assessments of responsibility.

Resolution time varies with case complexity, severity of injuries, and whether liability is disputed. Some claims settle in months, while serious or litigated cases can take a year or longer to resolve. Early investigation and documentation often speed resolution. If litigation becomes necessary, court schedules and discovery processes can extend the timeline, but they are used to build a stronger case.

You can pursue compensation for medical expenses, lost wages, property damage, and out-of-pocket costs. Non-economic damages such as pain and suffering and loss of enjoyment of life may also be recoverable. In severe cases, punitive damages may be available where conduct was especially harmful. The available compensation depends on the facts, the responsible parties, and applicable Texas law.

Many personal injury claims resolve through negotiation and settlement before a lawsuit is filed or before trial. Settlement avoids the time and uncertainty of court, but it must adequately address all losses. If insurers refuse fair settlement, filing a lawsuit and proceeding to trial may be necessary to seek full compensation. The decision to litigate depends on the strength of the case and client goals.

Medical bills should be documented and preserved as part of your claim. Health insurance or medical providers may place liens on recovery, and those obligations are handled as part of settlement discussions to ensure medical debts are addressed. It is important to communicate with medical providers about billing and to keep records of all treatments and expenses. Legal counsel can help negotiate with providers and manage lien resolution where appropriate.

If the at-fault driver lacks sufficient insurance, you may be able to pursue your own uninsured or underinsured motorist coverage if you have it. Other avenues include claims against third parties or pursuing personal assets of the responsible party. Evaluating coverage options early helps identify available sources of recovery and strategies to cover medical costs and lost income while pursuing the claim.