Three FAQs about filing a personal injury claim in Texas

Texas tort law holds negligent parties liable for the damages they cause. That means if you were seriously hurt because someone failed to act with reasonable care, you probably have grounds for legal action.

While filing a personal injury claim will not erase what happened or restore your health, it could ease your financial burdens and help pay for medical expenses and lost wages. Chances are you have never filed such a claim, though, and you are not entirely sure where to begin.

To help you get started, Slack Davis Sanger personal injury attorneys have compiled the answers to some of the most frequently asked questions about proceeding with a personal injury claim in Texas. Read on:

1. What constitutes negligence?

Most personal injury claims are founded on negligence, which is comprised of four essential elements. In order to establish that the opposing party was negligent and, consequently, that you are entitled to compensation, you are going to have to prove:

• The opposing party owed you a duty of care.
• The opposing party breached said duty of care.
• Your injuries were the direct result of the breach.
• You incurred actual, recoverable damages because of your injuries.

2. What kinds of damages can you seek by filing a personal injury claim?

Texas tort law allows personal injury claimants to seek compensation for both their economic and non-economic damages. Examples of economic damages include medical expenses, lost wages, property damages and other related expenses. Non-economic damages include physical pain and mental anguish, disfigurement and physical impairment.

Economic damages are calculated and supported by documentation. For example, you can present hospital bills, paystubs, and receipts or invoices to demonstrate the economic loss you have sustained.

While proving non-economic damages is a bit more challenging, there are a few widely accepted strategies for doing so. For example, it’s not uncommon for claimants to present journal entries, medical records, statements from loved ones, photographs/videos and their own testimony.

3. How long do you have to file a personal injury action?

In Texas, the majority of personal injury claims are governed by a two-year statute of limitations. There are several exceptions, as well as other time-sensitive deadlines such as “notice periods” when the case is against a governmental entity or involves medical practice.

Because of the consequences for not filing your claim in a timely manner, you should consult with an attorney as soon as possible so that your interests can be protected.

Discuss your case with a personal injury attorney in Texas 

At Slack Davis Sanger, we know how devastating unanticipated injuries can be. We also know how to hold those who caused them financially accountable.

By letting our compassionate team handle your claim, you can focus on more important matters, like making a full recovery. To schedule a free initial consultation with a personal injury lawyer in Texas, call (512) 795-8686 or fill out the Contact Form on our website.