Escobares Personal Injury Lawyer Serving Starr County, Texas

How long do I have to file a personal injury lawsuit in Texas? Typically, the statute of limitations for personal injury claims in Texas is two years from the date of injury, though some circumstances can change that deadline. Missing this deadline can bar a lawsuit, so it is important to consult with an attorney early. Certain claims against governmental entities have shorter notice requirements and different procedures. We can assess any special rules that may apply to your case and advise on timely steps to protect your rights.

You can seek damages for medical expenses, lost wages, diminished earning capacity, and non-economic losses such as pain and suffering. The amount depends on the severity of injuries, documentation of losses, and fault allocation under Texas law. Documentation is key. Keeping detailed records of medical treatment, invoices, time missed from work, and effects on daily life strengthens claims for both economic and non-economic compensation.

Not always. Many claims are resolved through negotiation with insurers before a lawsuit is filed, often through demand letters and settlement discussions. Settlement avoids the time and expense of litigation for many clients. If negotiations fail or an insurer refuses a fair offer, filing a lawsuit may be necessary to pursue adequate compensation. Preparing a claim for court also puts pressure on insurers to consider reasonable settlements.

Texas uses a comparative fault system where responsibility can be divided among parties and recovery reduced by the claimant’s share of fault. A jury or settlement negotiations will typically evaluate evidence to assign fault percentages. Damages are calculated based on medical records, economic losses, and testimony about pain and suffering and future needs. Strong documentation and legal presentation influence how fault and damages are assessed.

You should provide basic contact and insurance information, but avoid detailed statements about fault or recorded interviews without legal advice. Insurers often seek information that can be used to limit or deny claims. If possible, consult with a lawyer before giving detailed statements. A legal review can help you understand what to say and protect your rights during the claims process.

Many cases resolve through settlement, but some require filing a lawsuit and going to trial when a fair settlement cannot be reached. Going to court may be necessary to obtain just compensation in complex or disputed cases. Choosing to proceed to trial depends on case facts and whether negotiations produce reasonable offers. Your legal team will advise on the likelihood of success at trial and keep you informed about the process and timing.

The White Law Firm, P.C. typically handles personal injury matters on a contingency-fee basis, which means fees are taken as a percentage of any recovery and there is no upfront fee for most cases. This arrangement aligns attorney compensation with case outcomes. You are responsible for case-related expenses, which may be advanced by the firm in many matters and reimbursed from recovery. We will explain all fees and expenses during the initial consultation.

Yes. Under Texas law, you can recover damages even if you share some responsibility, though your recovery is reduced by your percentage of fault. For example, a 20% fault allocation would reduce your award by 20%. Proving a smaller percentage of fault often leads to better outcomes. Thorough investigation and clear presentation of evidence can help minimize the portion of responsibility attributed to you.

Seek medical attention promptly and follow recommended treatments. Prompt care documents the linkage between the incident and your injuries and supports any future compensation claim. Collect evidence at the scene when safe to do so, such as photos and witness contacts, and report the incident to law enforcement or property owners as appropriate. Contact a lawyer to review your situation and preserve critical proof.

Resolution time varies widely depending on injury severity, complexity of liability, and insurer responsiveness. Some minor claims settle within months, while more complex matters may take a year or longer, especially if litigation is required. Your legal team will provide an estimated timeline after reviewing the case and keep you updated on milestones and decisions that could affect the duration of the claim.