How Do I Sue for Personal Injury in Texas?
Accidents happen. But when they’re caused by someone else’s negligence, you might feel a surge of frustration—and understandably so. According to the Texas Department of Transportation, there were over 17,000 serious crashes in the state in 2022. That’s a staggering number, and it’s just one of many situations where personal injury claims come into play.
So, what happens if you’re hurt in an accident? What steps should you take if you want to pursue a personal injury lawsuit in Texas? It might seem overwhelming, but breaking it down can make it more manageable. Here’s what you need to know.
Understand the Basics: What Is Personal Injury?
Personal injury law covers a wide range of incidents. It includes car accidents, slip and falls, workplace injuries, and medical malpractice, among others. The core of any personal injury claim is simple: someone else’s negligence or wrongful conduct caused you harm. To win your case, you’ll need to prove this.
Time Matters: The Texas Personal Injury Statute of Limitations
In Texas, time is critical. You only have two years from the date of the injury to file a lawsuit. This is called the statute of limitations, and it’s a hard deadline. Missing it means you lose your right to seek compensation for your injuries. So, don’t wait too long to take action!
Proving Negligence: What You’ll Need
To win a personal injury lawsuit in Texas, you must show four key elements:
Duty of care: The defendant had a responsibility to act in a way that didn’t put others at risk.
Breach of duty: They failed in that responsibility.
Causation: Their actions directly caused your injuries.
Damages: You suffered harm, which could include medical bills, lost wages, and pain and suffering.
This means collecting evidence—police reports, medical records, witness statements, and more. The stronger your evidence, the stronger your case.
Negotiation or Trial? How to Decide
Most personal injury cases settle before going to trial. After all, lawsuits are expensive and time-consuming for both parties. But if an insurance company or the defendant doesn’t offer a fair settlement, you may need to take the case to court. This decision should be made with the guidance of an experienced personal injury attorney in McAllen who can assess the strength of your case and the potential for a favorable settlement.
Hire the Right McAllen Personal Injury Lawyer
Navigating the legal system can be tricky—especially when you’re dealing with injuries. Finding a McAllen personal injury lawyer who is experienced with Texas law can make a huge difference in the outcome of your case. They’ll not only handle the legal details but also fight for the compensation you deserve.
Protect Yourself and Your Rights
Filing a personal injury claim in Texas doesn’t have to be complicated, but it does require careful attention. Keep track of your injuries, gather your evidence, and most importantly, don’t wait too long to take action. With the right approach—and the right attorney—you can get the justice you deserve.
