Personal Injury Claims
No one ever plans to be a victim of an injury. It can be extremely painful, inconvenient and stressful depending on the situation. Getting compensation to cover your injuries can be just as long and tiring of a task. If you or someone you know has been injured by negligence, it’s recommended you seek legal representation.
There’s no reason you should pay piling hospital bills for an injury caused by another’s negligence. That’s why it’s recommended you contact an experienced personal injury attorney to draft and file a claim for damages. Your attorney can assess the situation, collect relevant evidence, and contest in court why you deserve compensation.
Personal Injury Attorney in Texas
Have you been injured in an accident because of another person’s carelessness? If so, it’s highly advised you contact LeMaster & Ahmed PLLC. Our attorneys are skilled with a special focus in personal injury. We have the experience need to negotiate with adjusters and litigate in court if necessary.
It’s time you take charge of your injuries. Call LeMaster & Ahmed PLLC at (888) 306-2119 to schedule your free consultation today. LeMaster & Ahmed PLLC represents victims of negligence throughout the greater Houston area such as Galveston, Dallas, Austin and San Antonio. We also represent people in the Dallas Fort Worth area and surrounding counties including Collin County, Harris County, Dallas County and Galveston County.
Overview of Personal Injury Claims in Florida
- What is a Personal Injury Claim?
- Types of Personal Injury
- How Do I File a Personal Injury Claim in Texas?
- How Long Do I Have to File a Personal Injury Claim in Texas?
- Additional Resources
What is a Personal Injury Claim?
Personal injury is an area of law where the plaintiff was hurt by an act of careless or recklessness by another person. The injury doesn’t have to be purely physical. You can also file a personal injury claim for emotional damages such as pain and suffering or loss of consortium. The plaintiff files a claim against the respondent asking for compensation to cover their damages such as medical bills or therapy.
Both personal injury and criminal court cases seek to “punish” the person who hurt you. However, in a criminal case the offender faces statutory penalties including prison time. A personal injury claim instead penalizes the respondent by demanding a monetary settlement.
You can also file a personal injury claim against your insurance. In some cases, insurance companies will dispute and deny claims because of various reasons. You can choose to file a personal injury claim with your attorney and contest your insurance company’s decision.
Types of Personal Injury
A personal injury claim can consist of a variety of circumstances and situations. However, in a personal injury claim you must always provide liability to receive any sort of settlement. Liability in personal injury cases can fall under various categories, including but not limited to:
- Negligence – When an injury was a direct result of another person’s improper actions or inactions in a situation. For example, a reasonable and prudent person would never leave a child in a hot car. If you leave a child in a hot car for a long period and they were injured, then it would be considered grounds for negligence because a sensible person would not do the same.
- Malicious Intent – Injuries caused by knowing and intentional harm are filed on the grounds of malicious intent. Usually when a malicious intent claim is filed a criminal investigation has been conducted or is in the process.
- Product Liability – When a product doesn’t meet safety standards and injures another person, this is considered product liability. For example, if a child’s toy isn’t labeled as a choking hazard and the child is injured, then you could file a claim for product liability.
How Can I File a Personal Injury Claim in Texas?
Your first step is to receive the medical attention and care needed for your injuries. It’s highly recommended you document the accident, your injuries, and possible eye-witness statements if possible. After you’ve received medical attention, you can notify your insurance company.
It’s imperative you don’t agree to any settlements or give too much information before hiring legal representation. All your statements over the phone can be used against you if the matter reaches a courtroom. This includes statements used at the scene of the accident, on the police report or at the person who injured you.
After you have legal representation, you can draft a demand letter to the respondent or a claim for your insurance company. The claim should explain the extent of your injuries and outline your request for compensation. It will also contain evidence as to why the respondent is considerable liable for your injuries.
The respondent can either accept, ignore or reject your request. If they ignore or reject it, then you can file a claim. The other person is legally obligated to respond to your claim and if they don’t they could face additional consequences and the judge may even put the case in your favor.
However, most respondents contest personal injury claims so the issue could go to court. It’s worth mentioning though that the majority of personal injury claims are settled outside of court through negotiations. That is why it’s recommended you hire an experienced personal injury attorney. They can draft a claim for you and negotiate the issue in or out of court.
How Long Do I Have to File a Personal Injury Claim in Texas?
Similar to a criminal case, a personal injury claim also has a statute of limitations, which is a time limit for plaintiffs to file a claim. If they don’t file their claim before the expiration date, then all their requests regarding the claim will be barred by the court.
In Texas, the plaintiff has up to two years from the time of the accident or discovery of injury to file a personal injury claim. Any attempt to file a claim past the two-year mark will be considered invalid. Exceptions
Trauma Survivor Network – Visit the official website for the American Trauma Society (ATS), which hosts the Trauma Survivor Network. Access their site to learn survivor stories, profiles of other survivors, and support networks for people traumatized from an accident.
Texas Rules of Civil Procedure – Visit the official website for the Texas Judicial Branch to learn more about their rules for civil procedure. Access the site to learn how a civil case is run, how value is determined in a settlement and what happens if the respondent refuses to answer.
Texas Insurance Lawyer for Personal Injury Claims
If you’re suffering because of another person’s recklessness or carelessness, it’s time you fight back. Contact LeMaster & Ahmed PLLC to receive the compensation you deserve. Our experienced attorneys can utilize our knowledge to build a strong case for you. We are skilled at drafting and filing claims, negotiating with adjusters and contesting for you in court.
Call us now at (888) 306-2119 to set up a free consultation. LeMaster & Ahmed PLLC accepts clients throughout the greater Dallas and Houston area and surrounding counties including Harris County, Dallas County, Collin County and Montgomery County.
This article was last updated on August 12, 2019.