If you suffered personal injuries in an accident in Texas and it was someone else's fault, you may be entitled to compensation for your medical bills, lost wages, and pain and suffering.
Personal injury generally refers to mental and physical injuries to a person's body that are caused by someone else's negligence. These injuries may be minor or may be so severe as to cause the person's death. Personal injury does not include damage or destruction to your property (such as your car or house).
Personal injuries can occur in any number of ways, but cause often include:
To collect money stemming from a personal injury claim, Texas law requires you to prove that another party was negligent. You must show:
Texas law will reduce the total amount you can recover if it's found that your carelessness contributed to your injuries.
If it's determined that another party's negligence was responsible for your injuries, they may be required to pay for:
If you were injured because of a crime committed by someone else, that person may be prosecuted under Texas criminal laws. In the case of other accidents, you may ultimately have to file a personal injury lawsuit in Texas courts to recover money for your injuries.
Texas law gives you two years from the date of your personal injury to file a bodily injury claim against the party at fault. (This is known as the statute of limitations.) If you and your Texas personal injury lawyer are unable to negotiate a settlement with the other party (or the their insurance company), you should consider filing a lawsuit before the statute of limitations runs out.
If your injury claim is for less than $10,000, you would file your personal injury lawsuit in the Texas justice court or the Texas constitutional county court that has jurisdiction. For injury claims worth more than $10,000, you would file your lawsuit in the appropriate Texas county courts at law.