Injury Lawsuits
Lawsuit Accident
People injured in accidents should consider filing a personal injury lawsuit if the accident was caused by a negligent party. You need to know how the filing process works, the amount of compensation you may get, and how long that legal action may take. Understanding your rights as the wronged party can also help you avoid jeopardizing the outcome of your case.
An experienced Texas personal injury lawsuit lawyer can help you file the lawsuit and represent you in court.
Should You File A Personal Injury Lawsuit?
Lawsuit File
People who file personal injury lawsuits are called plaintiffs and the people they file the lawsuit against are called defendants. Texas law only allows the injured party to file a lawsuit against the at-fault party. But if the victim of the accident dies because of their injuries, the following people can file a wrongful death lawsuit:
- The spouse of the deceased
- The parents of the deceased
- The surviving children of the deceased
Immediate family members of the deceased must file the lawsuit within three months after the death of their loved one. The executor of the deceased’s person’s estate can file a claim if the immediate family does not file within three months. But family members can ask the executor not to file a claim.
Personal Injury Compensation In Texas
How To File A Lawsuit In Texas
Most people who are injured due to other people’s negligent actions do not know what financial compensation they should seek when filing a claim. You can seek compensation for any expense related to the injuries you suffered in the accident. These include:
- Present and future medical bills related to the accident. Future bills include bills for follow-up surgical procedures, prescriptions for pain management medication, and physical therapy
- Compensation for vehicle repair or replacement cost or compensation for other property damage related to the accident
- Compensation for modifications you had to include in your home because of a disability caused by the accident
- Lost income because of the time you had to spend in a hospital or at home recovering from your injuries
- Lost future income because of an injury that has made it impossible for you to work as you would have had you been healthy
Your lawyer can only provide an estimate of the amount you may receive because settlement amounts are determined by a variety of factors.
Deadline For Filing And Where To File
Lawsuit For Personal Injury
Most personal injury cases have a deadline or statute of limitations of two years within which you must file the personal injury lawsuit. This remains true even if it is a wrongful death lawsuit. People who do not file within the deadline period lose the opportunity to get the compensation they deserve.
In Texas, If your injury claim is less than a certain amount you need to file your claim in the justice court or the constitutional county court. Generally for injury claims that are a higher amount you will need to file your claim at an appropriate Texas county court.
Your personal injury lawyer can file the lawsuit on your behalf and help you gather all the evidence you need to make your case successful.