If you were injured in any type of accident, you may be incurring medical expenses and losing wages due to being unable to work because of your injuries. You may wonder if you have a legal case and wonder what to do next. At Springer & Lyle, we answer some frequently asked questions about personal injury claims.
Frequently Asked Questions
How do I know if I have a case? Most personal injury attorneys offer a free consultation where they will review the circumstances of your accident, explain to you the law, and advise you whether you have a case and what the chances are for success.
How long do I have to file a personal injury case? With only a few exceptions, Texas law requires you to file your personal injury suit, against all potential defendants, within two years of the date you sustained the accident. This is called the Statute of Limitations and, if you miss the deadline, you are barred from every filing a claim for damages no matter how severe your injuries are. Note: There is a difference in filing a suit and filing a claim which can be done with the at fault party’s insurance carrier. If a claim can’t be settled, a suit must be filed within the limitations period. But claims against governmental entities have statutory notice provisions and must be submitted within a few months of the incident.
What if the accident was partly my fault? Texas law requires you to prove who was at fault for the accident. If you were partly at fault, the damages you collect from the negligent person who was also partially at fault will be reduced by the amount of fault that is attributed to you. For example, if your damages are $10,000, and you were 30 percent at fault, you will collect $7,000. If you were more than 50 percent at fault, you will not collect anything at all.
Will my case go to trial, or will there be a settlement? Your personal injury attorney will investigate the circumstances of the accident and review your medical records to determine the extent of your damages. If a fair settlement can be negotiated with the insurance company of whoever was at fault, this is generally preferable than going to trial. More than 90 percent of personal injury cases settle before going to trial.
How will I pay for an attorney? Almost all personal injury attorneys work on a contingency basis. This means you pay them nothing unless they win your case. Then, you pay a percentage of the amount awarded to you. The percentage varies but, is generally higher if your case requires the extra work of trial preparation, with a lower percentage if the cases settle without having to file a lawsuit.
Contact Our Personal Injury Attorneys at Springer & Lyle
The personal injury attorneys at Springer & Lyle can help you get the reasonable compensation you are entitled for your injuries, lost wages, medical expenses, pain and suffering, and other physical damage. Contact us at 940.387.0404 for a free consultation.
