McKinney Personal Injury Attorneys
Representing Injured Victims Through Compassionate Counsel
Have you or a loved one been injured in an accident that was a result of someone else’s negligence? If so, you deserve to understand your rights and how to pursue a personal injury claim. Our experienced McKinney personal injury attorneys can provide you with the results-oriented representation you deserve.
Damages Available in Texas Personal Injury Cases
There are three different types of damages that a personal injury victim may be eligible for, which include the following:
Economic damages are the financial losses that the accident victim incurs that can be directly linked to economic factors.Economic damages include but are not limited to:
- Property damage
- Medical and hospital expenses
- Lost wages
If an accident prevents you from being able to return to work or if you can only take on lower-paying jobs, you could potentially recover the difference between the amount of money you can make now and the amount you were expected to earn before the accident happened.
Non-economic damages are those damages that are not connected to economic loss, such as pain and suffering, emotional damages, and mental anguish. Non-economic damages are more difficult to prove.
These damages are intended to punish the defendant for his/her negligence and deter this conduct in the future.
Is There a Statute of Limitations for a Personal Injury Case in Texas?
In Texas, the statute of limitations for personal injury cases is 2 years from the date of the injury to file a lawsuit.
Damage Caps in Texas Personal Injury Cases
Many states place a cap on the amount of damages that can be awarded in a personal injury case. In Texas, this is only applicable to cases involving medical malpractice. Non-economic damages are limited to $250,000 per defendant and $500,00 overall.
How to File a Personal Injury Lawsuit in Texas
Before you file a personal injury lawsuit, it is in your best interest to consult with an experienced personal injury lawyer as soon as possible. Your lawyer will be able to investigate the accident, figure out what happened, identify the liable parties, and determine the legal grounds to recover any compensation for damages. Part of this process may include interviewing witnesses, collecting medical records, reviewing police reports, and consulting with other professionals and experts.
After these steps have been completed, your lawyer will do the following:
- File a claim against the defendant’s insurance company (when applicable; most personal injury claims are resolved this way).
- If a fair settlement cannot be made, your lawyer will then pursue litigation and file a complaint against the at-fault party.
- The defendant will get served the complaint with a summons to appear in court.
- The lawyer representing the defendant may file pre-trial motions.
- If both parties cannot resolve the case before trial, then the case will go to court. A jury will render a verdict.
It is important to note that the Texas Insurance Code requires insurers not to engage in bad faith practices when negotiating insurance claims. However, insurance adjusters do represent the interests of their employers and will try to devalue or deny a claim whenever possible.
To schedule a consultation to discuss your personal injury case with our firm contact us onlineor by calling our office at (214) 499-9647.