Armstrong Law Advocates for Personal Injury Victims in the Dallas-Fort Worth Area
Dealing with a personal injury can take a physical, emotional, and financial toll. If you’ve been injured due to someone else’s actions, you can take legal action to recover your damages. Protect your interests by contacting personal injury attorney Warren Armstrong at Armstrong Law.
When Should You Hire a Personal Injury Attorney?
To get the most out of your case, you should hire a personal injury attorney as soon as possible. Your attorney will be able to help you collect and preserve evidence, communicate with insurance and medical professionals, and walk you through the legal process.
If you choose to wait to hire a personal injury attorney, you should know that the statute of limitations in Texas is two years. In other words, you have two years after you’ve been injured to pursue legal action. However, the sooner you move forward with your claim, the easier it will be to collect evidence. Regardless, a personal injury attorney will do everything they can to get you the full value of your claim.
Do You Need an Attorney if You Are Partially at Fault?
Texas uses a comparative negligence system for personal injury claims. This means the injured person can collect damages from the responsible party even if they were partially to blame for the incident that resulted in injury. This is sometimes known as the “51 percent rule,” which means that if the injured party is determined to be less than 50% at fault for the injury, then they can collect damages from the other party.
If you are partially at fault for the accident that caused your injuries, your damages will be proportionately reduced by your assigned percentage of fault. For example, if you have $100,000 in damages and are determined to be 20% at fault, you’d only be able to recover $80,000—80% of the total damages.
Why Should You Hire a Personal Injury Attorney?
Insurance, liability, and legal issues are complex, so it’s valuable to have an expert by your side during the entire process. A personal injury attorney can help you in the following ways:
- Inform you of your legal rights. Personal injury attorneys are well-versed in personal injury law. They know your rights well and will inform you of them to protect your interests.
- Ensure you don’t miss a step in the legal process. Personal injury attorneys understand each step of the legal process. Your legal representation will make sure that you don’t miss any steps that could result in you having to forfeit the lawsuit.
- Help you get the full value of your personal injury claim. The defendant will likely be working with an attorney or insurance company that will present a settlement offer that is far less than your claim is truly worth. A personal injury attorney will work towards getting you what you deserve.
- Provide objective advice. During a stressful time, your attorney can offer impartial, professional advice to help you make informed decisions about your case.
- Represent you in court if necessary. If your case goes to trial, a personal injury attorney can present your case effectively to a judge and jury.
- Provide peace of mind. Having a professional handle the complexities of your case can reduce stress and allow you to focus on your recovery.
What Counts as a Personal Injury?
In Texas, personal injury claims can be brought due to negligence, strict liability, or intentional wrongs.
- Negligence. Claims for negligence occur when someone did not exercise reasonable care in the situation that led to your injury. For example, if you are injured in a car accident and the person responsible rolled through a stopped sign, they unintentionally injured you due to their negligence.
- Strict liability. This is a legal term that means one party is responsible, regardless of whether they inflicted the injury intentionally or unintentionally.
- Intentional wrongs. Intentionally injuring another person can result in a personal injury claim.
Some examples of common types of personal injury claims include claims related to car accidents, medical malpractice, and product liability. Workplace injuries can be a type of personal injury claim if they occur for a non-subscriber employer or involve a third party such as a subcontractor.
When a personal injury results in a fatality, this is referred to as a wrongful death. A wrongful death claim is a type of personal injury claim brought by the deceased person's surviving family members or their estate.
What Types of Compensation Are Available?
Every case is unique, but the following types of compensation are typically part of a Texas personal injury claim:
- Medical expenses. Medical bills, including hospital bills, physical therapy, and prescriptions, should be included in your claim. Future medical expenses can be included if your injury has left you with the need for ongoing treatment.
- Lost wages. If you are unable to work due to your injury, you may lose wages. Any wages lost due to your injury should be taken into consideration for your claim. The value of lost benefits or your future loss of earning capacity due to the lasting effects of your injury may also be taken into consideration.
- Pain and suffering. Any pain and suffering that you went through due to the injury is considered in the claim. A psychologist may be called as an expert witness to determine the monetary value of this. This includes the physical pain from your injuries as well as your emotional distress.
In a wrongful death claim, compensation would also include funeral and burial costs.