Everything is bigger in Texas, including the roadways, the skies, and, unfortunately, sometimes the accidents. If you or a loved one has suffered an injury due to someone else’s negligence, Texas gives you the right to pursue compensation. However, handling a personal injury claim in Texas requires a thorough understanding of state law, determination, and meticulous preparation.
Here are the key steps to effectively handle a personal injury claim in Texas, presented with some Texas-specific legal precision.
- Prioritize Your Health (and Document It All)
Before you even consider filing a claim, consult a doctor. “Not only is your well-being the top priority, but prompt medical attention also creates a clear record of your injuries,” says Felix Gonzalez of Felix Gonzalez Accident and Injury Law Firm. Texas law places a heavy weight on documented evidence, especially when proving causation.
Be sure to attend all follow-up appointments and follow your provider’s instructions to the letter. Insurance companies often argue that a failure to seek or follow medical care indicates the injury was not as serious as initially thought. Do not give them that ammo.
- Report the Incident to the Appropriate Authorities
Whether it is a car wreck or a slip-and-fall at your favorite BBQ joint, make sure the proper report is filed. For motor vehicle accidents, that means calling law enforcement to the scene. For premises injuries, notify the property owner or manager and ensure a written incident report is created. Keep a copy of any official documentation. In Texas, that kind of paper trail can make or break a claim.
- Gather and Preserve Evidence
In personal injury cases, even the smallest details can be crucial. So, evidence that should be collected immediately includes:
- Photos of the scene, damage, and injuries
- Names and contact information of witnesses
- Surveillance footage (if available)
- Clothing or items damaged during the incident
Texas follows a modified comparative fault rule, meaning that if you are more than 50 percent at fault, recovering damages may not be possible. Solid evidence helps keep that blame from landing on your shoulders.
- Mind the Clock: Texas Has a Two-Year Statute of Limitations
Everything may move more slowly in the Texas heat, but the law does not wait. There is a two-year timeline from the date of the injury during which victims can bring a personal injury lawsuit. Missing that deadline, the court will likely bar your claim altogether.
- Consult with a Knowledgeable Texas Personal Injury Attorney
While it may be tempting to handle the claim yourself, personal injury law is fraught with pitfalls. An experienced Texas personal injury lawyer is familiar with the intricacies of local courts, insurance tactics, and damage calculations. Many offer free consultations and work on a contingency fee basis, meaning you do not pay unless they recover compensation for you.
Having someone in your corner who speaks both legalese and Texan can make all the difference.
- Avoid Giving Recorded Statements to Insurance Adjusters without Counsel
After the injury, you can expect a call from the at-fault party’s insurance company. They may seem friendly, but bless their hearts. Their main goal is to reduce or deny your claim. Be polite, but firm.
Do not provide a recorded statement or sign any documents without legal advice. The wrong word can come back to haunt you like a ghost in an old Texas saloon.
- Keep a Detailed Injury Journal
Memory can be fickle, especially when stress and pain are involved. A personal injury journal helps paint a picture of your daily struggles and the progress of your recovery. Record pain levels, missed workdays, emotional hardships, and any limitations on your lifestyle.
In Texas courts, subjective damages, such as pain and suffering, must be supported by compelling evidence. Your journal can be a powerful storytelling tool when it’s time to show how the injury has changed your life.
Conclusion
Handling a personal injury claim in Texas takes preparation, patience, and the right legal support. Follow the steps above to give yourself the best chance of a fair outcome. If you are unsure about your next step, do not hesitate to reach out to a qualified personal injury attorney in your area.
