When a person suffers an injury due to another person’s negligence, a personal injury claim is the legal action that is brought against the at-fault party to recover compensation for the victim’s losses.
If you have been injured in a car accident, construction site incident, or due to a defective product, having the right legal guidance is essential. Here, we will evaluate what a personal injury claim in Texas is, overviewing key aspects of Texas personal injury law.
From understanding your rights to navigating an insurance claim, we aim to empower you to make informed decisions. Our Houston personal injury lawyers can help you regain your life after a severe accident and obtain the compensation you deserve. We have recovered over $2 million for our clients and will do everything in our power to hold responsible parties accountable.
Personal Injury Claims in Texas
According to the CDC FastStats, accidents or unintentional injuries are the third highest cause of death and cause 24.8 million physician office visits a year. If you or a loved one has suffered an injury due to someone else’s negligence or breach of duty, Lowe Law is here to help.
Under Civil Practice and Remedies Code Chapter 41, a personal injury claim in Texas must show the four elements of negligence. These elements show that the defendant owed the injured victim a duty of care and that they breached that duty. Then, it must be shown that the breach caused direct harm to the plaintiff and what damages that harm caused.
Lowe Law Supports Personal Injury Victims in Texas
Getting help from a legal representative experienced in personal injury law can help you maximize your chance of receiving a settlement. At Lowe Law, we have been providing justice for our clients since 2016. Our personal injury lawyer has experience with helping clients pursue personal injury cases in the following areas:
- Car Accidents
- Maritime injuries
- Medical malpractice
- Premises liability
- Product liability
- Refinery injuries
- Sports injuries
- Workplace injuries
Types of Damages Under Texas Law
Under Texas law, victims of personal injury are permitted to recover several types of damages. Economic and non-economic damages can be received in Texas personal injury claims under Texas Civil Practice and Remedies Code 41.001. Both of these types of damages attempt to compensate a victim for the losses they have sustained directly.
Economic Damages
Economic damages include tangible losses such as out-of-pocket expenses. Your personal injury attorney will calculate both past, present, and future expenses for you. This comprehensive calculation is important because you deserve to be completely compensated for your injury.
Economic damages encompass things like medical costs, lost wages, transportation, funeral expenses, and household services. They can be easier to prove as documentation is more common for these losses. Just be sure to hang on to all receipts, bills, invoices, and other paperwork you receive during your recovery.
Non-Economic Damages
Non-economic damages cover intangible losses or things that are not easily monetized. These losses attempt to account for things like physical pain and suffering, psychological trauma, permanent physical impairment, and disfigurement. Your personal injury lawyer will calculate these based on expert testimony, legal calculations, previous case precedents, and more.
Your personal injury lawyer can help you calculate both types of compensatory damages to present in a demand letter to the insurance company. Then, negotiations will begin. If insurance is unwilling to negotiate a fair amount, your lawyer may advise you to pursue a civil lawsuit, which could allow you to receive a new type of damage as well.
Punitive Damages Under Texas Law
Punitive damages are a specific type of monetary award that the court may choose to require the defendant to pay in situations that show gross negligence, fraudulent behavior, or particularly severe misconduct. Punitive damages can only be awarded in a civil lawsuit, not an insurance claim. These damages seek to punish the wrongdoer and discourage similar future behavior.
Statute of Limitations on Personal Injury Claims
The statute of limitations for personal injury claims in Texas is two years under Sec. 16.003. Some exceptions could apply, so be sure to discuss your unique situation with a personal injury lawyer to see if you still have a chance at a claim. Some exceptions could include:
- If the plaintiff was a minor at the time of injury, the statute of limitations may be extended until they reach adulthood.
- If the injury victim was in a coma or other medical condition that prevented them from filing a claim, the statute of limitations may be tolled until they are able to pursue it.
- In certain cases, like medical malpractice or product liability, the statute of limitations might start when you discover the injury, even if it occurred at an earlier date.
Do not delay in getting started with your claim and risk missing your window of opportunity to file. It is essential to consult with an attorney as soon as possible after an injury, as insurance companies are not motivated to pay out for your losses. Contact Lowe Law to understand your rights better and to figure out the next best step forward for your specific case.
The Cost of a Personal Injury Claim in Texas
At Lowe Law, we operate on a contingency fee basis for most personal injury cases. This means there are no upfront costs to you. We only get paid if we win your case, and our fee is simply a percentage of the settlement or judgment you receive.
Your initial consultation is also completely free. We believe that everyone deserves accessible legal representation, and we want to understand your case without any financial commitment from you. Contact us today for a no-obligation case consultation.
Contact Lowe Law for Help With Your Personal Injury Claim in Texas Today
Learn more about us and how our managing partner, Attorney D’Angelo Lowe, is dedicated to advocating for our clients. We are firmly dedicated to our motto of “Saving the World, One Client at a Time.” Contact us today and get the help you need with your personal injury claim in Texas.
