Personal Injury FAQ

Immediate steps:

1. Move to safety if possible and call police
2. Exchange information with other drivers
3. Take photos of vehicles, damage, and the scene
4. Get witness contact information
5. Consult with a personal injury attorney - contact us!

In Texas, the statute of limitations for personal injury claims is generally 2 years from the date of the accident. However, there are exceptions:

• Wrongful death: 2 years from date of death
• Medical malpractice: 2 years from discovery or when reasonably should have been discovered
• Government claims: varied with potentially short notice requirements

It's crucial to consult an attorney early, as evidence can be lost and witnesses' memories fade over time.

If the at-fault driver is uninsured, you may still have options:

• Uninsured Motorist Coverage: Your own insurance may cover your damages
• Other Parties: Someone else may be liable (employer, vehicle owner, etc.)

Texas requires all drivers to carry minimum insurance, but many still drive without it. Review your own policy to understand your uninsured motorist coverage.

Medical malpractice occurs when a healthcare provider deviates from the standard of care, resulting in injury to the patient. Key elements include:

• Duty: A doctor-patient relationship existed
• Breach: The provider failed to meet the standard of care
• Causation: The breach directly caused the injury
• Damages: You suffered measurable harm

Examples include misdiagnosis, surgical errors, medication mistakes, birth injuries, and failure to obtain informed consent.

Yes, Texas law requires expert testimony in most medical malpractice cases. The expert must:

• Be qualified in the same specialty as the defendant
• Be practicing or teaching in their field
• Provide an expert report detailing how the standard of care was breached

Finding the right expert is crucial to your case's success. We work with qualified medical experts who can clearly explain complex medical issues to a jury.

Recoverable damages may include:

• Economic damages: Medical expenses, lost wages, future medical costs, lost earning capacity
• Non-economic damages: Pain and suffering, mental anguish, disfigurement, loss of consortium
• Punitive damages: In cases of willful misconduct (rare)

Texas caps non-economic damages at $250,000 per physician and $500,000 per hospital, but these caps don't apply to economic damages.

Property owners may be liable if:

• They knew or should have known about a dangerous condition
• They failed to warn visitors about the hazard
• They failed to fix the problem within a reasonable time
• The condition was unreasonably dangerous

Your status on the property matters:

• Invitees: Highest duty of care (customers, clients)
• Licensees: Moderate duty (social guests)
• Trespassers: Limited duty (only willful/wanton misconduct)

Important evidence includes:

• Photos of the hazard that caused your fall
• Photos of your injuries
• Witness contact information
• Incident reports filed with the property owner
• Medical records documenting your injuries
• Clothing and shoes you were wearing
• Weather conditions at the time

Document everything as soon as possible, as property owners often quickly repair hazards after accidents.

Case value depends on many factors:

• Severity of injuries: Permanent disability increases value
• Medical expenses: Past and future treatment costs
• Lost income: Time off work and reduced earning capacity
• Pain and suffering: Physical and emotional impact
• Liability strength: How clear the other party's fault is
• Insurance coverage: Available policy limits

Every case is unique. We provide free consultations to evaluate your specific situation and potential compensation.

Generally, no. Insurance companies often make low initial offers hoping you'll accept quickly before:

• The full extent of your injuries is known
• All medical treatment is completed
• Future complications develop
• You understand your legal rights

Before accepting any offer, consult with a personal injury attorney who can evaluate whether the settlement fairly compensates you for all your damages.

While not legally required, you should consider hiring a lawyer if:

• You suffered serious injuries
• Liability is disputed
• Multiple parties are involved
• The insurance company denies your claim
• You're unsure about the settlement value
• The case involves complex legal issues

Studies show that people with attorneys typically recover more compensation than those who handle claims themselves, even after paying attorney fees.

Timeline varies significantly based on:

• Injury severity: Cases don't settle until treatment is complete
• Liability disputes: Clear fault cases resolve faster
• Insurance cooperation: Some insurers negotiate in good faith, others don't
• Trial necessity: Litigation extends the timeline significantly

Typical timelines:

• Simple cases: 3-6 months
• Complex negotiations: 6-18 months
• Litigation to trial: 1-3 years