If you were hurt in any type of accident in Texas due to someone else’s negligence or recklessness, there are several things you should do to obtain the compensation you deserve.
This guide will help you understand the most important aspects of a Texas personal injury claim. Please contact the accident lawyers at Pastrana & Garcia Law if you have questions about your case.
The Most Common Types of Texas Personal Injury Claims
There are many types of Texas personal injury claims that you can seek compensation for your losses:
Motor Vehicle Accidents
As noted above, Texas has thousands of serious and fatal car crashes annually. These motor vehicle accidents (MVA) may involve:
- Passenger cars
- Pickup trucks
- Motorcycles
- SUVs
- Tractor-trailers
- Delivery vans
Whatever kind of vehicles are involved, a motorcycle accident lawyer near you will need to establish the other driver’s negligence to obtain compensation for your injuries. Common reasons that may prove negligence in a crash are:
- Texting and driving
- Speeding
- Speeding in a school zone
- Tailgating
- Driving under the influence
Process for Texas Personal Injury Lawsuits
Let’s say you were hurt in a car wreck and want a truck accident lawyer to file a lawsuit. Texas law allows a claim against the negligent party to obtain compensation for your damages.
Most personal injury lawsuits end in settlement, but it always pays off to have a personal injury attorney who also knows how to win in court.
For your personal injury claim or lawsuit to succeed, your attorney must prove two things — that another party’s negligence led to the accident, and the other party’s negligence caused your injuries.
In an MVA, negligence means the other driver drove unsafely or imprudently. The driver may have, for example, disregarded the speed limit or the Texas law against texting and driving.
Texas Shared Fault Laws
In some personal injury claims, the defendant may argue that you were partially at fault for the accident. If it’s proven that you were partially to blame, it could reduce the compensation you receive.
When there is shared fault, Texas has a modified comparative negligence standard. This means the amount of your compensation is reduced by the percentage of fault you have for the accident. If you were more than 50% to blame, you’re barred from collecting damages from the defendant.
A truck rear-ends you at a red light, and you have $25,000 in injuries. The jury decided you were 20% at fault for the rear-end crash. As a result, your damages are reduced by $5,000.
Personal Injury Attorneys Don’t Charge Upfront Fees
Many Central Texas accident victims may be reluctant to hire a personal injury attorney. After all, attorneys charge hundreds of dollars per hour, so how could you afford it?
Fortunately, most car wreck lawyers work on a contingency basis. Therefore, you don’t have to pay an upfront fee to work with your attorney once they accept your case.
The attorney is paid a portion of your settlement or verdict amount. Many attorneys receive approximately ⅓ of the funds you receive at the end of the case. Your legal counsel may also cover the case’s legal expenses, which are also taken out of the settlement or award. Remember to check with your attorney and find out what you will be charged at the case’s conclusion.
Were You Injured at No Fault of Your Own? Talk to a Car Accident Lawyer Now
After a Texas auto accident, obtaining the most compensation for your lost wages, medical bills, pain and suffering is vital. In addition, having the best financial resources are essential to a full recovery. If you’ve been involved in a car accident in Pflugerville, Bastrop, Round Rock, Taylor, Hutto, or the surrounding areas, contact car accident lawyers Pastrana & Garcia Injury Law to discuss your potential personal injury claim.
