How to File a Personal Injury Claim in Texas

When it comes to injuries caused by accidents, victims have the option to file a personal injury. What is a claim for personal injury? For the uninitiated, an injury claim is an action one takes when he or she has sustained injuries and other damages due to another party’s carelessness. In these scenarios, the negligent person pays for the losses he or she has caused, whether it relates to property, physical injuries, or both.

Injuries may occur in a variety of ways, but the most common causes are:

  • Dog bites
  • Medical negligence
  • Automobile accidents
  • Boating accidents
  • Motorcycle accidents
  • Railroad accidents
  • Trucking accidents
  • Slip-and-fall accidents

If you or someone you know has suffered a personal injury, there is a step-by-step approach you may take to make filing a claim for compensation simpler when the time comes.

Determining Fault in a Personal Injury Claim

Accidents may occur in one of two ways: caused by a single person or caused by two negligent parties (meaning both the victim and the defendant).

Depending on the circumstances, the details surrounding payment will vary. If one person causes the accident, that party is responsible for paying for all damages; if both parties cause it, the state of Texas applies a modified comparative negligence rule to both parties.

This rule implies that the initial amount of compensation you should have received will be lowered by an amount proportional to your degree of responsibility. In much simpler words, if the jury concludes that you are 25% at fault, you will only get 75% of the original sum to pay for the totality of the damages.

Method For Determining Fault in Texas

The only method to establish that the irresponsible party has caused personal damage is to collect evidence. For instance, it is probable that there were witnesses during the time of a collision. With enough witnesses on the scene, you may get more convincing evidence that the entity responsible for your pain and suffering was negligent. But, in the meantime, if you have incurred new injuries due to your own recklessness, the state of Texas will lower the total sum you were guaranteed.

Do I Need to Consult an Attorney to File a Claim?

With legal support, the process of applying for an injury claim will become simpler and clearer. Attorneys are familiar with the inner and exterior workings of the law, allowing them to assist you in making the most of a terrible circumstance. You may analyze your case and exchange any injury-related documents with your attorney in order to expedite the claim preparation process.

Filing Personal Injury Claims Under Texas Law

In the United States, each state has its own laws and regulations regarding legal problems; Texas is no exception. The types of benefits granted for a successful personal injury claim may include the following:

  • Past, current, and future medical expenses associated with your injuries
  • Reconstruction or replacement of property destroyed in an accident
  • Lost income due to absences from work
  • The expense of hiring legal assistance
  • Emotional damage or discomfort
  • Any expenses spent by the sufferer as a result of the accident

The statute of limitations in Texas is two years from the date of your personal injury to lodge a claim. If your personal injury claim is less than $10,000, you must file it in a Texas justice court or a Texas constitutional county court. However, if the claim exceeds $10,000, you must file your complaint in the proper Texas county court.

Car Accident Rates Throughout Texas

Now that you know how to file a personal injury claim, it’s important to know the data surrounding the most common cause of these claims: auto accidents.

How to File a Personal Injury Claim in Texas

A number of Texas’s largest cities have seen an uptick in their accident rates. As a matter of fact, there are between 40,000 and 70,000 auto accidents in Houston each year. In addition, Houston has the highest rate of injuries per capita from car accidents in all of Texas.

According to studies conducted on Houston’s traffic accident rates, an average of about 10 people lose their lives in automobile crashes every week. To put it simply, speeding is a major contributor to the severity and frequency of car accidents. In most cases, accidents occur because one or more drivers are careless or unprepared for the conditions.

Moreover, when ranking American cities by population, Dallas ranks in the top 10. Dallas has one of the highest accident rates in the state at present, despite being smaller than Houston and San Antonio. Over the course of 2016, at least 220 individuals were killed on Dallas’s roadways. Furthermore, Dallas has the second-highest incidence of fatal car accidents in Texas. The tragic number of traffic-related fatalities in Dallas has increased by almost 81% during the last decade.

Sadly, drunk driving remains Texas’ biggest cause of deadly accidents. Nearly 1,440 people were injured or lost their lives in alcohol-related crashes in Texas in 2014, according to the Foundation for the Advancement of Alcohol Responsibility. These deaths also represented around 41% of all traffic fatalities in the state. This is shockingly high compared to the national rate of drunk driving fatalities in 2014.

The Aftermath of a Car Accident

Knowing what to expect in the aftermath of an accident is important. To aid with your recuperation, follow the advice and suggestions provided below.

If no one was hurt, you should get your cars out of the roadway first But dial 911 immediately if you or anybody else involved has been hurt. When the police come, they will file a complaint and make sure you receive the care you need if you’re hurt. This information will be important to your insurer and an attorney if you decide to make a personal injury claim.

Collect Information at the Accident Site

Get as much information as possible on the other driver(s). Take pictures of their driver’s license and insurance card. If they don’t have an insurance card with them, you may still ask for their name, phone number, insurance company, and policy number. Then, be sure the other motorist has your contact details.

Additionally, it’s important to document the crash’s details and various circumstances while they’re still fresh in your memory. Give specifics like when it happened, where the accident took place, what the weather was like, and what precipitated the event.

Contact the Rasansky Law Firm in Dallas

Thousands of people in our state’s population have been affected by car accidents. Even while some victims only suffer minor injuries, others are rendered totally and permanently unable to work as a consequence of these occurrences.

If you’re in Texas and you’ve been in a major vehicle accident, you should talk to a car accident attorney in Dallas. It’s possible that you might get compensation to help with your upcoming bills.

When it comes to helping victims of vehicle accidents caused by negligent drivers, our team at the Rasansky Law Firm knows how to get it done. Our clients benefit from the sound advice of our highly trained and reputable attorneys. We’re here to investigate the details of the collision and weigh your available legal options.

Call 214-617-1816 to schedule a no-cost, no-obligation review of your case if you’ve been hurt in a car accident in Texas and want to learn more about your legal rights and alternatives.



2525 McKinnon Street #550 Dallas, Texas 75201

Note: The information that was utilized in this post was gathered from the use of secondary sources. This information used has not been confirmed or independently verified. If you locate any information that is not correct, please contact our firm as soon as possible so that we can make the appropriate corrections. If you find any information that is false, we will remove or correct the post immediately after it is brought to our attention.

Disclaimer: As a valued member of the Dallas community, Rasansky Law Firm’s goal is to improve the safety of all residents in the great state of Texas. These posts should not be viewed as a solicitation for business and the information included herein should not be taken as medical or legal advice. The photos used in this post are not representative of the actual crash scene.

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