If you or someone you love has recently been injured in a car accident, know that you’re not alone. In 2021, there were nearly 240,000 individuals who sustained an injury due to a car accident in Texas, and over 19,000 had serious injuries that left them incapacitated. These victims deserve to be cared for and compensated fairly and completely for their troubles.
At my firm, K.E. Bradley Attorney & Counselor at Law, I can help car accident victims understand the personal injury claim process in Texas and learn about the possible compensation for a personal injury claim. My offices are in Missouri City, Texas, but I can serve clients in Sugar Land, Katy, Friendswood, Pearland, and Fresno. Call today to schedule a consultation.
Personal Injury Claims in Texas
Texas is what’s known as an “at-fault” insurance state, which means that whoever is found to be responsible for an accident occurring is also responsible for paying the damages that resulted from it. This generally means that after an accident, you’ll first file a claim with the insurance company of the at-fault driver instead of your own.
However, state law also includes a comparative negligence provision, which is used when proving negligence in an accident. Essentially, this law states that fault can be shared between parties. For example, if one driver is found to be 90% responsible for the accident, they will only pay 90% of the total damages.
The Process
The first step is to contact a personal injury attorney who’s familiar with state law and has a track record of successful settlements. They can help you file a claim with the at-fault driver’s insurance as well as file a claim with your own provider. They will work closely with you to prove negligence by gathering evidence such as police reports, witness testimony, photographs, medical records and bills, and repair bills.
After the claims have been submitted, your attorney will then advocate on your behalf, working with the adjuster to come to a fair settlement. If, after reviewing your settlement, your expenses are still not adequately covered, they can then file a lawsuit on your behalf. Unfortunately, this process can take months, if not years, to complete, making it all the more necessary to have a partner working by your side to keep you organized and on track.
Statute of Limitations in Texas
In Texas, you have two years from the date of the accident to file a claim. This may seem like a long time, but it can go by very quickly. Typically, you’ll first file an insurance claim where you may go back and forth with an insurance adjuster for months before reaching a settlement. Only then will you know if your settlement is enough to adequately cover all your expenses. If it isn’t, you’ll then have to pursue a personal injury claim, which can take even longer. The longer you delay, the longer you’ll be waiting for compensation. And, if you wait too long, a judge has every right to throw out your case if you don’t act within the statute of limitations to file a personal injury claim.
Possible Damages
The damages you could receive from a personal injury settlement offer will vary widely depending on the circumstances of your accident and the extent of your injuries. Possible damages could include pain and suffering, medical expenses, property damage, loss of current and future earnings, or disfigurement.
Personal Injury Attorney
in Missouri City, Texas
When you call K.E. Bradley Attorney & Counselor at Law Missouri City, Texas, you’ll gain a trusted partner during this difficult time. I will walk you through each step of the process, ensuring you fully understand your options. I promise to work tirelessly to pursue the compensation you deserve. Reach out today to get started.
