If you want to file a personal injury claim in the state of Texas, you have two years from the date of the accident to do so.
With this statute of limitations in place, you must take immediate action. Should you attempt to file a lawsuit against the at-fault party after two years, it’s unlikely that you’ll be able to collect for damages.
Two years isn’t as long as it sounds, as there’s a lot that goes into investigating and preparing your claim.
The wrongful death statute of limitations is also two years. In this case, the two-year clock begins to run upon the individual’s death.
You can seek a variety of damages through a personal injury claim. The direction you take depends largely on the circumstances of the accident, but here are the four primary types of damages:
Proving negligence is essential to obtaining compensation through a personal injury claim. The burden is on you and your legal team to prove that the other party was at fault.
There are four elements of negligence:
Let’s look at the four elements of negligence as they pertain to a motor vehicle accident. Here’s an example:
Winning your personal injury case hinges largely on your ability to prove negligence.
There’s no shortage of parties that can be held liable in a personal injury claim. Depending on the circumstances of the accident, it’s possible that there could be more than one at-fault party.
With the right approach to investigating the accident, you’ll come to better understand who to hold liable.
Many people confuse a personal injury settlement and personal injury lawsuit. While they sound the same, there are some key differences.
To start, your attorney will attempt to negotiate a fair settlement with the appropriate insurance company. If successful, you’re not required to appear in court.
A settlement is preferred, but if this doesn’t work a lawsuit is necessary. Your attorney will bring your claim to the court with the hope of convincing the jury that you should receive compensation for your damages.
Here’s what to expect with the personal injury settlement process:
If your legal team is unable to settle your case with the at-fault party, it’s time to file a lawsuit. Here are the next steps:
You hope that you win your court case, but if you’re unsuccessful you have the legal right to file an appeal. This is a complex process, but one to consider if there’s reason to believe you can obtain a different outcome in the future.