Frequently Asked Questions
About Personal Injury Claims in Texas
Table of Contents
How much does it cost to hire a personal injury lawyer?
Hiring a personal injury lawyer costs you nothing upfront because most Texas personal injury attorneys work on a contingency fee basis. This means you only pay legal fees if your attorney successfully recovers compensation for you. The standard contingency fee in Texas typically ranges for your final settlement or verdict, depending on whether the case settles before or after a lawsuit is filed. At Oscar Garza Law, we offer free consultations and advance all necessary case expenses, which are typically reimbursed from the final settlement or verdict only if we win.
How long do I have to file a personal injury claim in Texas?
In Texas, you generally have two years from the date of your injury to file a personal injury lawsuit (although certain situations—such as claims involving minors, government entities, or delayed discovery—may have different deadlines). This deadline is known as the statute of limitations, and missing it typically means losing your right to pursue compensation. While two years may seem like ample time, building a strong case requires thorough investigation, medical documentation, and evidence preservation. We recommend consulting with a San Antonio personal injury attorney as soon as possible after your accident to protect your legal rights.
What compensation can I recover in a Texas personal injury case?
You may recover economic damages, non-economic damages, and in some cases punitive damages for injuries caused by another party's negligence. Economic damages cover quantifiable losses like medical bills, lost wages, property damage, and future medical expenses. Non-economic damages compensate for intangible losses such as pain and suffering, emotional distress, loss of enjoyment of life, and physical impairment. Texas does not cap most personal injury damages; however, medical malpractice cases have caps on non-economic damages, and punitive (exemplary) damages are limited by Texas law.
How long will my personal injury case take to settle?
Personal injury cases in Texas can take anywhere from a few months to several years depending on the complexity of your case. Straightforward claims with clear liability and minor injuries may settle within three to six months. More complex cases involving severe injuries, painful neck strains and whiplash, disputed fault, or multiple parties often take a year or longer to resolve. Your attorney may recommend waiting until you reach maximum medical improvement before settling so your compensation reflects the full extent of your injuries and future needs, but negotiations can begin earlier depending on your circumstances.
What should I do immediately after an accident in Texas?
You should seek medical attention right away, even if you feel fine, because some injuries do not show symptoms immediately. If you were injured in a vehicle accident or another situation requiring emergency response, call 911 to report the incident and request official documentation of what happened. Gather evidence by taking photographs of the scene, vehicle damage, and any visible injuries. Exchange contact and insurance information with other parties involved. Avoid making statements admitting fault to anyone. Contact an experienced San Antonio car accident lawyer before speaking with insurance adjusters to protect your right to fair compensation.
Do I really need a lawyer for my personal injury claim?
Hiring a personal injury lawyer significantly increases your chances of receiving fair compensation and typically results in higher settlements. Studies and industry data consistently show that injury victims represented by attorneys generally achieve significantly higher settlements compared to those who handle claims on their own. Insurance companies employ teams of adjusters and lawyers whose goal is to minimize payouts. An experienced attorney handles all negotiations, gathers critical evidence, calculates the true value of your claim, and fights to hold negligent parties accountable while you focus on healing.
Can I still recover compensation if I was partially at fault for my accident?
Yes, you can still recover compensation in Texas even if you were partially responsible for the accident. Texas follows a modified comparative negligence rule, which means your compensation is reduced by your percentage of fault. However, if you are found to be 51% or more at fault, you cannot recover any damages. For example, if your total damages are $100,000 and you are determined to be 20% at fault, you would receive $80,000. An attorney can help minimize fault attributed to you and maximize your recovery.
Injured? Let's get you compensated!
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