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March 20th Insights

How to win a huge payout for your Texas injury case

So, you’ve been injured. Now what?

Your complete guide to Texas injury cases

If you’ve suffered a personal injury in Texas, you may be entitled to compensation — and this guide will help you understand your rights and the legal process for getting what you deserve.

This blog post outlines all the steps involved in seeking financial compensation after a serious injury or death resulting from someone else’s negligence. We’ll discuss:

  • Personal injury law basics
  • The types of damages you could receive
  • What to do after an accident
  • How and why to hire an attorney
  • What to expect during the claim process
  • The difference an elite lawyer can make
  • Frequently asked questions

Read on to learn everything you need to know about winning compensation for Texas personal injury claims.

Texas personal injury basics

Texas personal injury law is complex and ever-changing. It’s important to be familiar with some of the basic concepts and legal principles involved in order to make an informed decision about seeking compensation for your injuries.

Negligence

The concept of negligence is central to personal injury law in Texas. Negligence occurs when a person or entity fails to act as a reasonable person would under similar circumstances, resulting in harm or injury to another person.

To prove negligence in court, you must demonstrate that the defendant had a duty to take measures to keep you safe from harm, that this duty was breached by the defendant, and that their breach caused you injury or harm.

Statute of limitations

In Texas, plaintiffs have two years from the date of injury to file a lawsuit against the party responsible for their damages, known as the “statute of limitations.”

Rule of thumb: file your case ASAP for the best chance at recovering damages.

With few exceptions, failing to file a claim within two years of your accident usually means you won’t be able to get compensation.

Contributory negligence

The state also follows a contributory negligence rule which means if you are partially at fault for your own injuries, any amount of money recovered will be reduced by the percentage of responsibility attributed to you.

For example, if you sue someone for hitting your car while texting and it’s determined that you were 15% responsible because you weren’t wearing a seatbelt at the time, any award you receive will be reduced by 15%.

Insurance companies

Another important factor when filing a personal injury claim in Texas is determining whether insurance companies are involved.

In most cases involving motor vehicle accidents or other accidents related to property damage or physical injury, insurance companies play a role in settling claims due to state laws requiring drivers carry minimum levels of coverage on their vehicles.

The other side’s insurance company is NOT your friend.

Keep in mind that insurance companies are businesses whose goal is to minimize losses – so they may try hardball tactics like lowballing initial settlement offers or claiming liability concerns even when they’re unfounded.

Having an experienced personal injury attorney on hand can help ensure that any settlements negotiated are fair and justly reflect your losses.

Types of recoverable damages

In Texas, there are three main types of recoverable damages in personal injury cases:

  • Economic
  • Non-economic
  • Punitive

Here’s what that means for your case.

1. Economic damages

Economic damages are designed to reimburse the injured party for financial losses suffered as a result of their injury.

This includes medical care costs, lost income resulting from missed work, and any other out-of-pocket expenses related to the injury or accident. In some cases, future medical bills and lost earnings may also be included in the economic damage award.

2. Non-economic damages

Non-economic damages are meant to compensate an individual for intangible losses associated with their injury.

These can include physical pain and suffering due to injuries sustained in the accident; emotional distress such as anxiety, fear or depression; loss of enjoyment of life; or impairment of bodily function or disfigurement due to scarring or amputation.

Non-economic awards are typically determined on a case-by-case basis by a jury after taking into consideration the type and extent of the plaintiff’s injuries.

3. Punitive damages

Finally, punitive damages may be awarded when someone has exhibited particularly reckless behavior which led to an injury or death for another person.

Such behavior could include intentionally driving under the influence or engaging in extremely reckless driving practices like street racing.

Punitive awards are not intended to reimburse victims — instead, they serve as a way of punishing defendants who have demonstrated egregious conduct leading up to an accident or injury.

Awards for punitive damages can be very high depending on the circumstances involved in each case and must be requested specifically by a plaintiff’s attorney during trial proceedings.

What to do after an accident

After being injured in an accident, it’s important to take action quickly to ensure you receive the compensation you deserve. You should:

  • Seek medical attention
  • Gather evidence
  • Research attorneys

Seek medical attention

The most important step is seeking medical attention for any injuries sustained as soon as possible — this is not only for your health and safety, but also to document the extent of your injuries.

In cases where liability concerns arise, having a doctor’s report or evidence of medical treatment can help prove that an injury was caused by the actions of another party.

Gather evidence

In addition to seeking medical attention, it is also important to begin gathering evidence related to the accident as soon as possible.

This can include photographs or videos of the scene; contact information for any witnesses; and any repair bills, medical bills or other documents related to the accident.

If a police report was filed, be sure to obtain a copy – this can provide valuable information regarding who caused the accident and how it happened.

Research attorneys

Finally, it is essential to seek out an experienced personal injury attorney who can help you navigate the legal process of seeking compensation for your injuries.

An experienced attorney will be familiar with the laws and procedures involved in personal injury claims in Texas, as well as any applicable statutes of limitations or other legal considerations that may affect the outcome of your case.

They will also have the experience needed to negotiate settlements on your behalf and ensure that any awards you receive are fair and accurately reflect the losses suffered.

By taking these steps, you can be sure that your rights are being protected and that you have the best chance of receiving the compensation you deserve for any injuries sustained as a result of someone else’s negligence.

Hiring an attorney

When seeking compensation for a personal injury, it is always wise to enlist the help of an experienced Texas personal injury attorney. Working with an attorney means:

  • Harnessing their experience and expertise
  • Getting your rights protected
  • Having someone gather evidence for you
  • Ensuring you get maximum compensation

An attorney with experience in the field will understand the legal system and be able to best protect your rights throughout the process. They will be familiar with applicable laws, including any statutes of limitations, which can affect the outcome of your case.

The fact is that victims who hire an attorney win higher payouts than those who self-represent.

Additionally, an attorney can serve as a powerful advocate for you in negotiations with insurance companies or during court proceedings; they will be able to ensure that any awards received are fair and accurately reflect the losses that you have suffered due to the injury.

An attorney can also gather evidence to support your claim and provide guidance on how best to seek punitive damages if warranted by the circumstances of your case.

In short, an attorney can provide invaluable guidance and expertise throughout the process of seeking compensation for a personal injury in Texas, which can ultimately mean the difference between receiving a fair award or being denied any compensation at all.

Personal injury claim process, start to finish

Once you have suffered an injury due to someone else’s negligence in Texas, there are several steps you must take to pursue legal action and seek compensation.

1. Hire an elite Texas injury lawyer

The first step is to hire a qualified personal injury attorney who will be able to advise you on the legal process and help ensure that your rights are protected throughout.

Your attorney can also assist in gathering evidence to support your claim and provide guidance on how best to seek punitive damages if warranted.

2. File your injury lawsuit

The next step is to file a personal injury lawsuit against the responsible party, which must be done within two years of the date of the accident or injury in Texas.

After filing, you will need to serve notice of the lawsuit on the other party and provide all relevant evidence to the court.

3. Discovery

The next step is discovery, during which both parties exchange evidence and information that relates to the case.

During this time, you and your attorney will be able to build a strong case to support your claim for damages.

4. Settlement negotiation

Once the discovery process is completed, your attorney will be able to begin negotiations with the other party’s attorneys to reach a settlement agreement.

In most cases, a settlement can be reached without having to go to court. However, if the parties are unable to come to an agreement, then you may need to proceed with a lawsuit.

5. Court

If negotiations are unsuccessful, you may need to proceed with a court hearing. Within the courtroom, both parties will present their evidence and arguments in support of their respective positions.

At this point, a judge or jury will make a final determination on the amount of compensation that should be awarded for your injuries.

6. Appeal

If either party is unsatisfied with the decision reached by the court, they may file an appeal.

An appeal can be a long and complex process, so it’s important to seek the help of a qualified attorney who has experience in personal injury cases in Texas.

7. Payout

Finally, once all legal proceedings have been completed, you and your attorney can begin working on collecting any awards that have been granted.

Your attorney will be able to advise you on how best to collect the award and can provide guidance throughout the process.

Why go with Nolan Ryan Law for your injury case?

Nolan Ryan Law is here to help you get maximum compensation for your injury case. Here’s why our clients sleep easy at night:

1. Better lawyers

Our lawyers have a track record of winning maximum payouts for injury cases just like yours. We take care of everything from start to finish — you focus on recovering from your injuries while we get you paid.

2. Bigger payouts

Nolan Ryan Law never settles for anything short of what you’re owed. We devote ourselves to achieving the highest payouts possible through negotiating and courtroom proceedings alike, so don’t settle for less than your full entitlement!

3. Faster results

We understand that time is of the essence in injury cases. That’s why we work hard to ensure you get your results as quickly as possible — so don’t wait any longer, contact us today and let us get you paid ASAP.

4. Personalized attention

At Nolan Ryan Law, you’re more than just a case number — we provide personalized attention to all our clients to ensure that their individual needs are met. So don’t wait any longer — get the assistance you need today with Nolan Ryan Law.

5. Honest & transparent

At Nolan Ryan Law, we believe in transparency. That’s why we keep all communication open and honest — so you know exactly what to expect from us and when. Trust us to get the job done right every time!

Texas personal injury frequently asked questions

Learn everything you need to know about filing an injury claim in Texas — and how to get paid.

1. How long do I have to file a personal injury claim in Texas?

In Texas, an individual has two years from the date of the accident or injury to file a personal injury claim. If this deadline is not met, you may be unable to bring a claim for damages.

Exceptions include cases involving minors (individuals under 18 years of age) or those whose injuries have been deliberately hidden by the responsible party.

2. How much is my personal injury case worth?

The exact value of your personal injury case will depend on the specific facts of your situation. Generally, damages that are commonly sought in a personal injury lawsuit include medical expenses, lost wages and pain and suffering.

3. What are the most common types of personal injury cases in Texas?

Some of the most common types of personal injury cases in Texas include car accidents, truck accidents, motorcycle accidents, slip and fall injuries, medical malpractice and wrongful death.

4. What should I do if I’m injured in an accident in Texas?

If you have been injured in an accident in Texas, it is important to seek immediate medical attention. After that, it is a good idea to contact a qualified personal injury attorney who can provide guidance on the legal process and help you seek compensation for your injuries.

5. How do I find the best personal injury lawyer in Texas?

When looking for the best personal injury lawyer in Texas, it is important to make sure you choose an experienced attorney who has a successful track record. You should also consider the attorney’s reputation and their ability to provide personalized service.

At Nolan Ryan Law, we understand the complexities of personal injury law in Texas. Our team is dedicated to providing the highest level of legal services and fighting for the rights of injured individuals in Texas. Contact us today to discuss your case and learn how we can help.

6. What are some common mistakes people make with their personal injury cases in Texas?

One of the most common mistakes people make with their personal injury cases in Texas is failing to document the incident and contact an experienced attorney. Additionally, it’s important to keep all records related to the accident and your resulting injuries, as this will be necessary when filing a claim for damages.

Finally, it’s also important to avoid discussing details of the incident with anyone other than your attorney. Doing so could potentially weaken your case and reduce your chances of receiving compensation.

7. How do I get maximum compensation for my case?

In order to get maximum compensation for your case, it is important to work with an experienced personal injury attorney who can help you understand the process and prepare a strong claim. Additionally, gathering as much evidence as possible, such as medical records and witness statements, will help strengthen your case.

8. How long do injury cases take in Texas?

The length of time it takes for an injury case to be resolved in Texas can vary, depending on the complexity of the case and other factors. Injury cases can take months to settle — or longer — depending on the complexity of your case.

At Nolan Ryan Law, our team will work diligently to ensure your case is handled efficiently and with your best interests in mind.

9. Do I need to call the police after a car crash in Texas?

Yes, it is important to contact the police after a car crash in Texas. It’s also a good idea to document any evidence from the scene, such as pictures of the damage and witness statements. This will help protect your rights and provide supporting evidence for your case.

10. Do I need to hire a personal injury lawyer?

Hiring a personal injury lawyer is highly recommended in order to maximize your chances of receiving the compensation you deserve. An experienced attorney will be able to evaluate your case, provide legal advice and help you navigate the complex process of filing a claim for damages. At Nolan Ryan Law, we can assist with every aspect of your case and ensure that you get paid fairly.

11. What are the most common types of injuries in car accidents?

The most common types of injuries in car accidents are whiplash, broken bones, head trauma, back and neck injuries, internal organ damage and spinal cord injuries. In severe cases, victims may also suffer from permanent disabilities or wrongful death. It is important to seek immediate medical attention after a car accident to ensure any potential injuries are properly diagnosed and

12. Should I still go to the doctor if I don’t feel hurt?

Yes, it is important to seek medical attention after a car accident even if you do not feel hurt. Many injuries, such as whiplash or internal organ damage, may not be immediately noticeable. Additionally, having a doctor’s report can help strengthen your case and provide evidence for any potential future legal proceedings.

13. Should I talk to the at-fault party’s insurance company?

No, you should not talk to the at-fault party’s insurance company. It is important to remember that insurance companies are in business to make money and may try to minimize your claim or deny it altogether. It is recommended that you work with an experienced personal injury attorney who can help protect your rights and negotiate on your behalf for a fair case.

14. What if I was partially at fault for my accident?

In Texas, you may still be eligible to receive compensation even if you were partially at fault for your accident. Depending on the circumstances, the court may use a concept known as “comparative negligence” to decide how much of the blame should be assigned to each party and how much compensation should be awarded. Working with an experienced attorney can help maximize your payout.

15. What if the other driver doesn’t have insurance?

If the other driver doesn’t have insurance, and they are at fault for your accident, you may still be able to receive compensation. Your attorney can help you determine if there are any additional sources of recovery such as uninsured motorist coverage or personal assets that can be used to pay for your damages. Additionally, an experienced attorney will also be able to help you navigate the complex process of filing a claim.

16. What’s a fair settlement offer for my case?

The amount of a fair settlement offer depends on the specifics of your case. After evaluating all the evidence, factors such as medical expenses, lost wages, and pain and suffering will be taken into consideration when determining an appropriate settlement amount. An experienced lawyer can help you assess your damages and negotiate a fair settlement.

17. Will my injury case go to court?

Many personal injury cases are resolved without going to court. However, it is always possible that a case may end up in front of a judge and jury. An experienced attorney can help you understand the legal process and provide advice on how to prepare for trial if necessary.

18. How much do Texas car accident lawyers cost?

At Nolan Ryan Law, we understand that the cost of legal fees can be a source of concern for many. That is why we offer free consultations to discuss your case and provide an estimate of our costs. The fee structure we use is based on a percentage of the final settlement or award amount. This means you will not have to pay anything unless we win.

19. Do I have to pay taxes on my injury settlement?

No, you do not have to pay taxes on your injury settlement in Texas. This includes both damages for physical injuries and economic losses such as lost wages. However, if you receive punitive damages, those are considered taxable income. It is recommended that you speak with a tax professional or financial advisor for more information about any potential tax implications of your settlement.

20. How do I know if I have an injury case?

To determine if you have an injury case, it is important to speak with a qualified personal injury attorney. At Nolan Ryan Law, we offer free consultations to evaluate your situation and discuss your legal rights and options. Contact us today to learn more about how we can help you seek the compensation you deserve.

21. How do you calculate damages?

Damages are determined by looking at the specific facts of your case. Generally, damages may include medical expenses, lost wages, pain and suffering, emotional distress, and property damage. An experienced attorney can provide a more detailed assessment of potential damages based on the particulars of your situation.

22. What are some common defenses to personal injury cases in Texas?

Common defenses to personal injury cases in Texas include contributory negligence, assumption of risk, and statute of limitations. If a defendant can successfully prove any of these defenses, they may be able to avoid liability for damages. An attorney can help you understand the potential defenses that may apply to your case and develop strategies to counter them.

23. What are the benefits of settling a personal injury case vs. going to court?

The benefits of settling a personal injury case instead of going to court include avoiding the time and expense associated with litigation, being able to control the outcome of your case, and maintaining privacy by not having your dispute become part of public record. An experienced attorney can help you understand the advantages and disadvantages associated with settling or litigating your case.

24. What are the benefits of going to court vs. settling a case?

The benefits of going to court instead of settling a case include potentially receiving a larger award or settlement amount, having a judge and jury decide the outcome of your case, and increasing the likelihood of success due to the strict legal standards applied in court. However, it is important to note that litigation is an expensive and time-consuming process.

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*The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.

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