As seasoned Texas personal injury lawyers, we will work with you to pursue maximum compensation via an insurance claim or a lawsuit. You should be aware of typical mistakes that might damage your case, even as we vow to work relentlessly to investigate your accident and acquire the facts required to establish the other person is at fault.
Over the last three decades, our team at the Rasansky | McKenzie Law has boasted a remarkable track record of accomplishment and trust with clients. Reach out to our lawyers and support staff if you have questions about how to move forward after any type of personal injury in Texas.
How Do You Win a Personal Injury Case?
Comparative negligence law applies in Texas to determine who is at fault after any type of injury-causing accident.
For instance, both persons involved in an accident are considered equally at fault under Texas’ “modified comparative fault” law. The degree to which each party is determined to be at fault usually determines how the fault is distributed.
A plaintiff determined to be 51% or more at fault in a Texas court case cannot recover damages. That said, compensation will be decreased accordingly if the injured party is judged to be 50% or less at fault.
Thus, since Texas is a modified comparative fault state, you will not be eligible for compensation if you are found to be at least 51% at fault for the incident.
For example, a defendant would only have to pay $90,000 of a $100,000 claim if it was determined that the plaintiff was 10% at fault for their injuries.
After finding that such an obligation or a “duty of care” in Texas exists, the court’s next step is to decide whether or not it was infringed by conduct that a reasonable person would have found to be appropriate under the circumstances.
What to Avoid in a Personal Injury Claim
So, a plaintiff must establish several components to win a personal injury case. But taking the wrong steps in the aftermath of an accident might hurt your chances of recovering financial damages from the party at fault. Common errors often made in filing a claim for personal injury include:
- Leaving the accident scene: If an accident occurs, you should stay at the site until security or law enforcement arrives and a report may be made. You should write down the time, date, location, and description of what happened to you, as well as the names of anybody involved and any witnesses. If you leave the scene of an accident without reporting it, you may lose evidence that might strengthen your personal injury claim and reduce the amount of money you get in compensation.
- Ignoring important paperwork, like medical records: Even if you don’t believe your injuries are serious, seeing a doctor as soon as possible is best. Head, back, or neck injuries can take days or weeks to show symptoms, despite their potentially debilitating nature. Document everything you can think of: bills, missed work, and the names of everyone who helped you get well.
- Exaggerating injuries: Do not exaggerate your injuries or the harm you sustained when you report your injuries to your doctor. Before consulting with an attorney, do not provide the insurance company with any information about your injuries or access to your medical records.
- Missing the deadline to submit a claim: There is a time restriction for bringing a claim in civil court, and this time limit is known as the statute of limitations. The statute of limitations for personal injury claims in Texas is two years from the date of injury. If you miss the deadline, you may forget about getting any money for your troubles, past or present.
- Making unauthorized statements to insurance adjusters: People often assume incorrectly that insurance companies are on their side. When dealing with these corporations, keep in mind that they are, after all, businesses and that profit is their primary concern. Any remarks you make regarding the accident, your activities before and after, and your injuries might be used against you since they provide them a financial incentive to reject or undervalue claims. Before giving any statements to the insurance company or signing any forms, you should always consult with an experienced personal injury attorney.
Remember that even if the defendant’s violation of their duty of care can be proven, you must also show that the defendant’s breach of duty caused your losses. This is why avoiding mentioning pre-existing injuries before your accident is also essential.
Should I Accept an Accident Settlement?
Because of the time a lawsuit might take, victims may feel pressured to reach a quick settlement. The pressure to settle might come from a lack of resources, such as the expense of basics or medical treatment.
The defendant and their insurance company hope you will respond in this way. Typically, they offer a lukewarm settlement well below what you deserve.
Don’t settle before speaking to an attorney about your accident. Arguably the biggest mistake victims make is going for a fast settlement without proper legal representation, which can mean leaving thousands of dollars on the table for your recovery.
Call a Personal Injury Lawyer in Dallas
Getting in touch with a Dallas personal injury attorney as soon as possible is essential if you’re dealing with the aftermath of an accident. You may find that you can collect compensation to help you meet current and anticipated expenses.
At the Rasansky | McKenzie Law in Dallas, we’ve been helping people hurt in dog attacks, slip-and-fall accidents, car crashes, and so much more for over three decades. In addition, we provide reliable legal counsel to our clients, thanks to our staff of experienced, compassionate lawyers. We’re ready to investigate the particulars of your accident and evaluate the merits of any potential legal claims.
Contact our personal injury lawyers in Dallas at (214) 651-6100 for a free consultation at any time after you have sustained injuries in a Texas accident and need advice on what to do next. Remember that you owe us nothing until we successfully resolve your case and you get the compensation you deserve.