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Getting hurt in an accident that’s someone else’s fault can be frustrating. Texas is a huge state with many large cities and metropolitan areas. Whether you live near San Antonio, Austin, Dallas/Fort Worth, Houston, or another big city, you’ll want to find the right Texas personal injury attorney to fight for your case.
Read on to find out what kind of cases personal injury lawyers accept, whether your case might be eligible, and other important information to know when considering a personal injury lawsuit in Texas.
You may think hiring a personal injury attorney is too expensive, and your injuries are not costly enough. The good news is that most lawyers in personal injury cases work on a contingency fee basis, meaning they are paid out of your settlement rather than your pocket.
Another option is to have LegalFinders provide a free consultation on your case. If we determine that you should proceed, we’ll pair you with a vetted law office for a free evaluation.
While no one wants to be hurt in an accident, they happen all the time. As one of the largest states in the U.S., Texas reports many accidents.
These numbers give you a little more information on personal injury in Texas:
3 leading causes of preventable injury deaths
poisoning, motor vehicle accidents, and falls
Texas as the second-highest state
for nonfatal workplace injuries and illnesses
100,000 adverse actions
30, 000 medical malpractice payments
in Texas between 1990 and 2023
Personal injury law, or tort law, covers a lot of ground, and injuries can be visible or invisible. Seen or unseen, the severity of accident consequences is a big factor in how your case proceeds.
Some of the top personal injury cases that attorneys take on are:
Injuries can take many forms, and there’s no one-size-fits-all formula for determining whether a case is settled or dismissed. However, certain types of injury are more likely to lead to an eligible lawsuit.
Some of the more severe injuries in Texas personal injury cases include:
When you bring a personal injury lawsuit against someone else in Texas, you bear the burden of proof.
You must be able to prove that:
To be eligible in these scenarios, you need some evidence that indicates a responsible party other than yourself.
A personal injury law office can conduct further investigation, but your case may be dismissed due to a lack of evidence or failure to prosecute.
In the state of Texas, you can file a personal injury or wrongful death lawsuit if you think that you or a loved one’s injuries are at least 50% someone else’s fault.
You can claim injuries like those listed above as well as non-economic damages like pain and suffering and economic damages like loss of income, medical bills, and medical expenses.
Losing someone you love is hard enough, and that pain is worsened when that loss is due to another’s negligence.
Receiving a fair settlement in your wrongful death lawsuit can help you cover unexpected expenses from a loved one’s death.
The courts consider many factors in awarding damages for personal injury cases in Texas, as explained below.
Texas is a no-fault state, and residents are required to carry a specified amount of personal injury protection (PIP) insurance to pay for some economic damages, such as medical expenses, loss of income, and funeral expenses.
Each person involved in an accident is assigned a percentage of responsibility. In some instances, the at-fault party is given zero percent.
In cases where you receive a percentage of fault, your settlement amount will be reduced by that percentage. For instance, if you are found 20% at fault, you would only be eligible for 80% of the damages.
Also, know that you’re ineligible for damages if you’re found to be more than 50% at fault for an accident in the state of Texas.
When a party fails to follow what a reasonable person would do in a given situation, they can be considered negligent when those actions cause harm to you or a loved one.
Less severe accidents often result in less severe injuries, and it’s important to know that before you file a suit. Your legal representative should explain to you if they think your case will be thrown out.
Severe injuries can be the direct result of your accident or another party’s negligence, and they don’t always show up at the time of the incident.
If your injury presents after the fact, know that you must be able to prove that the responsible party caused the injury to be eligible for compensation.
You may have thousands of dollars in medical expenses or be unable to step outside of your house because of your accident or medical malpractice. Unfortunately, your damages are reduced if your personal injury attorney can’t prove that.
Are you unsure where to start but suspect you need legal advice for your personal injury case? The steps outlined below can guide you through the process.
Find a personal injury lawyer who will consult with you for free and help you decide whether to file a lawsuit. If you try to DIY through the court system, you risk filing unnecessarily or missing important deadlines.
Document, document, document. The level at which you document your accident, your medication and medical treatment, and any expenses can factor heavily into the verdict you receive.
Documentation of your injury can include:
Once you know you have a case, you or your attorney can file a personal injury or wrongful death lawsuit against the negligent party.
Usually. While there are cases that are very cut and dry, most personal injury cases are nuanced, meaning that there is wiggle room on compensation.
Navigating the system, meeting all filing deadlines, and successfully proving your case is extremely challenging for someone who lacks a law degree.
A Texas personal injury lawyer will be on your side, especially since they only get paid if you do. They have a vested interest in fighting as hard as possible for your interests.
You should keep several factors in mind when considering which law office to retain for your personal injury case.
Texas personal injury lawyers should exhibit these qualities:
Bonus points go to law offices with experience in your specific case type.
Contact LegalFinders to maneuver the legal system in Texas with a secret weapon on your side. We vet all of our personal injury lawyers in our database with rigor.
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Published: 9 April 2024
Bureau of Labor Statistics. “Number of nonfatal work injuries and illnesses, by state and case type, private industry.” Retrieved from: https://www.bls.gov/charts/injuries-and-illnesses/number-of-dart-by-state.htm.
National Practitioner Data Bank. “Data Analysis Tool.” Retrieved from: https://www.npdb.hrsa.gov/analysistool/.
National Security Council: Injury Facts. “The Leading Causes of Preventable Injury-Related Death by State 2021.” Retrieved from: https://injuryfacts.nsc.org/state-data/state-overview/.
Texas State Law Library. “Small Claims Cases.” Retrieved from: https://guides.sll.texas.gov/small-claims.
Texas Young Lawyers Association and the State Bar of Texas. “How To Sue in Justice Court.” Retrieved from: https://www.texasbar.com/AM/Template.cfm?Section=Consumer_and_Tenant_Rights1&Template=/CM/ContentDisplay.cfm&ContentID=24859.
