Erath County Personal Injury Lawyer Serving Texas Clients

How long do I have to file a personal injury lawsuit in Texas? Generally, the time limit to file a personal injury lawsuit in Texas is two years from the date of the injury. Some specific circumstances can change that deadline, so it is important to consult about the timing for your particular case as soon as possible. Missing the deadline can bar you from recovering compensation, so early action helps protect your rights. Even if you are unsure about the strength of your claim, reaching out promptly allows the firm to preserve evidence and evaluate your options.

You may recover economic damages such as medical expenses, current and future lost wages, and property damage. Non-economic damages can include compensation for pain and suffering, emotional distress, and loss of enjoyment of life. In rare cases involving particularly wrongful conduct, punitive damages may be available, though they are limited and require specific legal standards. Your recovery depends on the facts of your case, the available insurance coverage, and documentation of your losses.

Fault is determined by examining the facts of the accident, including police reports, witness statements, physical evidence, and applicable traffic laws. Texas applies modified comparative responsibility which can reduce a recovery proportionally to a claimant’s percentage of fault and bar recovery if the claimant is more than 50 percent responsible. An attorney can help gather the evidence needed to assess fault and present a clear case to insurers or the court.

Many claims resolve through negotiation and settlement with an insurer before a lawsuit is filed. However, if the insurer refuses a fair settlement, filing a lawsuit and proceeding to court may be necessary. Litigation prepares the case for trial and can increase leverage in negotiations. We advise clients on likely outcomes and recommend the route that best serves their recovery goals.

If you are partially at fault, Texas law reduces your recovery by your percentage of responsibility. If you are found to be more than 50 percent at fault, you generally cannot recover damages. Demonstrating the opposing party’s greater responsibility and minimizing your attributed fault are important parts of case strategy. Collecting strong evidence and witness accounts can affect how fault is allocated.

Resolution times vary widely depending on the severity of injuries, the complexity of liability issues, and whether insurers cooperate. Some minor claims resolve in a few months, while complex cases involving long-term care or litigation can take years. We provide realistic timelines based on the specifics of each case and work to move claims forward efficiently while protecting your recovery.

Seek prompt medical attention for injuries, report the incident to law enforcement if appropriate, and document the scene with photos where safe to do so. Notify your insurance company but avoid giving detailed recorded statements before speaking with counsel. Preserving evidence and seeking timely care both protect your health and strengthen any future claim.

Medical bills may be covered initially by your health insurance, auto insurance medical payments, or other benefits depending on your situation. In some cases, medical providers may agree to wait for payment until a claim resolves. We can help coordinate with providers and insurers to address treatment costs and explain potential repayment obligations from any settlement or judgment.

Quick initial offers are often lower than the true value of a claim and may not account for future medical needs. It is important to evaluate any offer in light of total damages before acceptance. We review settlement proposals and advise whether an offer fairly compensates you for current and anticipated losses.

Contact our office at (713) 780-1633 or through our website to arrange a case review. We will assess the facts, explain your options, and outline potential next steps at no obligation. Early contact helps preserve evidence and allows us to start protecting your interests right away.