Seagraves Personal Injury Attorney — Texas Representation

To begin a personal injury claim, document your injuries and treatment, preserve evidence, and keep records of expenses and lost wages. Contact the other party’s insurer to report the incident and consider seeking a legal review to understand your options. Early review of your claim helps identify deadlines and preserve critical evidence. Discussing the case with a lawyer can clarify whether negotiation or litigation is likely and what recovery you may pursue.

In most Texas personal injury cases, the general filing deadline is two years from the date of injury. Missing this deadline can bar your right to file a lawsuit, so prompt action is important. There are exceptions that can extend or shorten this timeframe depending on specific circumstances, so review your situation early to protect your rights and preserve evidence.

Many personal injury attorneys work on a contingency fee basis, meaning fees are paid as a percentage of the recovery and there are no upfront hourly charges for handling the claim. You will only pay attorneys’ fees if your case results in a recovery. There may be case-related expenses such as filing fees, expert reports, or investigation costs. Discuss fee structure and potential expenses at the initial consultation to understand how they are handled.

Compensation may include medical expenses, lost income, property damage, and reimbursement for future care needs. Non-economic damages for pain and suffering or loss of enjoyment of life may also be pursued depending on the case. In limited circumstances, additional damages may be available where laws allow. A thorough evaluation of medical and financial records helps calculate an appropriate demand for recovery.

Many personal injury matters settle through negotiation with insurers, but some cases require litigation when parties cannot agree on fault or value. Trial is an option when a fair resolution cannot be reached outside court. Preparation for trial protects your position during negotiations and ensures evidence and witnesses are ready if litigation becomes necessary. Your attorney can explain the likely path based on your case details.

Proving negligence typically requires showing that a duty existed, that the duty was breached, and that the breach caused the injury and resulting damages. Evidence can include photos, reports, medical records, and witness statements. Demonstrating causation and linking specific losses to the incident are key parts of establishing a compensable claim. Medical records and expert opinions often play important roles in this process.

Texas follows a comparative fault approach where a person’s recovery may be reduced by their percentage of fault. If you are partially at fault, your award will generally be adjusted to reflect your share of responsibility. If a claimant’s share of fault exceeds a statutory threshold, recovery may be barred. Discussing the specifics of your case early helps determine how comparative fault might affect available compensation.

The timeline varies widely depending on injury severity, the need for medical recovery, complexity of liability issues, and whether the case settles or goes to trial. Some claims resolve in a few months, while others can take a year or more. Active case management and prompt information gathering can help move a claim forward. Your attorney can provide a realistic timeline based on the facts of your case and the typical processes in Texas courts and with insurers.

Seek medical attention, even if injuries seem minor, to document treatment and ensure proper care. Gather or preserve evidence like photos, witness names, and accident reports, and keep records of all medical visits and expenses. Avoid discussing fault with insurance adjusters without advice, and contact a lawyer to review your options and protect important deadlines and evidence that support a claim.

You are generally not required to give a recorded statement to an insurance company. Insurers may request one, but it can be risky to provide detailed recorded comments without first understanding the potential impact on your claim. Before giving any recorded statement, consider consulting with counsel who can advise whether a statement is appropriate and how to protect your interests during the claims process.