4 vital things to consider when handling a personal injury case in Texas

Personal injuries are quite common, especially when reckless drivers are involved. With most car accidents, the injured get to claim insurance benefits and file a suit against the negligent driver. But what happens when the injuries are so grave that you're unable to work because of them? This is where a personal injury case comes into play.

• Texas is a “fault” state for car accidents
• Meeting your burden of proof
• Relying on the state's statute of limitations
• Understanding the comparative fault rule
• Bonus: Know the types of damages you can recover
• Economic damages
• Non-economic damages
• Hiring a qualified attorney

Personal injury cases can be complex and determining the value of your case may be difficult. Some points can be too technical to determine on your own, but if you have an attorney advocate for you, you're getting a leg up on the situation. Here are four things you should ensure are taken into account with regard to filing a personal injury claim in Texas.

Most states follow a no-fault system for car insurance. In these states, your own insurance policy pays for your medical bills and vehicle repairs regardless of who was at fault.

However, When it comes to a personal injury accident, Texas is a “fault” state. That means the driver at-fault for the accident (and their insurance company) are responsible. This means the other driver’s insurance company will pay for your damages if they were at fault or if you have uninsured motorist coverage on your policy.

You may need to file a claim with your own insurance company if you don’t have enough coverage to pay for all bills and other expenses related to the accident. If you have uninsured motorist coverage on your policy, that can help cover medical expenses and property damage if the other driver didn’t have adequate insurance coverage.

The most common ways to seek compensation are:

• Through a settlement with the insurance company
• Filing a personal injury lawsuit
• Settling with the at-fault driver directly
• Through a lawsuit against the at-fault driver and/or their insurance company

Most personal injury cases are settled out of court through negotiations between the at-fault driver’s insurance company and your attorney. If you have a strong case, the insurance company may offer you a settlement that covers all of your damages.

In some cases, the at-fault driver’s insurance company may refuse to make a fair settlement offer. If this happens, your attorney can file a personal injury lawsuit on your behalf.

If you or a loved one has been injured in an accident, it's important to seek the help of an experienced personal injury attorney. An experienced attorney can help you understand your legal rights and options, and ensure that your interests are protected throughout the personal injury claims.

Also read: What you should know about a settlement offer before accepting it

Personal injury claims and cases are based on a negligence theory. This means that the plaintiff must show that the defendant breached their duty to exercise reasonable care, and this breach resulted in injuries. Your attorney will investigate to find any evidence to back up your claim and help you meet this burden of proof.

To receive compensation for your injuries, you need to prove that the defendant acted negligently or intentionally caused your injury. You must prove all four of the following elements:

1. Duty: The defendant had a duty to act with reasonable care and caution under the circumstances.
2. Breach: The defendant breached this duty by acting or failing to act in a way that fell below the standard of care expected.
3. Cause: The actions and/or inactions of the defendant directly caused your injuries.
4. Damages: You suffered real damages as a result of these injuries. This could include medical expenses, lost wages, pain and suffering, and other costs associated with your injury.

A plaintiff must meet their burden of proof in order to have their case decided in their favor. This means that the plaintiff must produce evidence that meets the legal standard of negligence. According to Texas law, a person must prove four elements in order to be considered negligent:

• The defendant owed the plaintiff a duty of care;
• The defendant failed to meet this duty of care;
• The defendant's failure to meet his or her duty of care was directly responsible for the plaintiff's injuries;
• The plaintiff is seeking damages for injuries suffered as a result of the defendant's breach of duty.

Some examples of negligence include:

• A doctor failing to get proper consent from a patient before performing surgery;
• A driver failing to stop at a stop sign and striking another vehicle;
• A driver texting while driving and getting into an accident.

Personal injury cases in Texas are a little different than they are in other states. To find success, you need to know what those differences are and how they affect the outcome of your case. The best way to do this is by keeping an open line of communication with an experienced attorney. They know what to expect and will be able to prepare you accordingly to your case, help you through the settlement process.

As if the legal aspects of your personal injury case in Texas isn't challenging enough, you also need to be aware of the different legal deadlines and time frames. After all, these are not just guidelines — these are real laws that can affect the overall outcome of your case. Of course, one of the most important deadlines that you have to keep in mind is the statute of limitations.

Every state has a legal deadline for filing a personal injury claim and many states have deadlines which are not longer than a few years. In Texas, the statute of limitations on personal injury cases is two years.

Texas law sets a two-year statute of limitations on personal injury lawsuits. If you fail to file a lawsuit within this period, you may waive your right to compensation regardless of how strong your case is. This two-year period starts from the date of the incident that caused injury. If the incident was not immediately discovered, such as medical malpractice or defective products, then the two years start from the date it was discovered or should have been discovered.

It is important to note that the statute of limitations may be different if the defendant is a government entity:

If the personal injury was caused by a government entity, you have only six months to file a notice of claim. You then have two years to file a personal injury lawsuit against the government entity. Filing a personal injury lawsuit against a government entity is different from filing one against an individual or private company.

There are different rules and procedures that need to be followed. If you plan on suing a government entity, it is important that you seek out a State Defense or even a Federal Defense Attorney as soon as possible so they can help you navigate this complex process.

When you are injured in an accident caused by another person or entity, your first step should be to contact a personal injury attorney with experience handling cases like yours as soon as possible. Your attorney can help you understand the details and specifics of your case and help you determine if you have grounds for a claim. Once you make this determination, it is important to remember that it is crucial not to delay filing this claim. If you miss the statute of limitations deadline, there is no way to reverse it and no way to file a claim after the fact.

If your accident occurred at work, your employer's workers' compensation insurance plan should cover some of your costs while you recover from your injuries. However, even if this coverage is available to you — and even if you pursue this option — it may not be enough to cover all of your costs. You can still seek additional compensation through a personal injury claim if someone other than your employer was responsible for causing the accident that led to your injuries.

Not only can pursuing a personal injury claim give you the compensation you need and deserve, but it can also help to hold the negligent party responsible for their actions. If enough people take legal action against a company or individual for personal injuries caused by negligence, it may help to prevent future accidents from occurring.

Texas follows the 51% bar rule, which means that even if you are partially at fault for causing the accident, you can still be entitled to receive compensation for damages (except in cases where you are found to be 50% or more at fault).

The comparative fault rule is a way of determining how much compensation you are entitled to receive. To get an idea of how the rule works, consider a situation where you were hurt in a car accident that was 50% your fault and 50% the other person's. The at-fault driver's insurance company and lawyer will use this to argue that you should only be entitled to half of any award that is given. This could potentially knock tens or even hundreds of thousands of dollars off your award, which you might see as a not fair settlement i.e. you were only 50% at fault, so you should only be responsible for half the damages.

For example, imagine that a driver rear-ends another vehicle. The other driver then gets into an accident with a utility pole because they were distracted by their smartphone. Now they want to file a personal injury claim against the first driver (at fault party).

Because they were at least 51% responsible for their own injuries, they will be barred from filing the claim and will not receive any compensation even though it was the other driver who crashed into them first.

While the statute of limitations may seem like a daunting obstacle, an experienced personal injury lawyer, or given the example above, A car accident attorney can help you navigate the personal injury claim process, so you can focus on your recovery and ensure that your case is filed in a timely manner.

You might also want to read: Are my injuries serious enough to file a claim for compensation?

Most personal injury claims are based on the legal theory of negligence. To win a negligence claim, you must be able to prove that the other party owed you a duty of care, breached that duty, and caused you damages as a result.



There are two main types of damages: economic and non-economic:

One of the most important things to consider when handling a personal injury case in Texas is to hire a good lawyer. This can be difficult because there are so many car accident and injury lawyers out there, but you are not alone.

At the Law Office of Rolando Cantu, we have over 15 years of experience handling personal injury cases in Texas. We know the ins and outs of the personal injury claim process, and we can help you get the maximum compensation for your injuries. Contact us today to schedule your free initial consultation. We will review your case and answer any questions you have.

The personal injury claim process can be complex and time-consuming, and personal injury laws are always changing. But with the help of a qualified attorney, you can maximize your chances of receiving the most compensation for your injuries. The truth is, because everyone's situation is different, you should also be aware of all the possibilities regarding personal injury cases, especially in Texas.