Filing a personal injury claim in Texas, can feel overwhelming and confusing if you’ve been hurt in a car accident, medical malpractice incident, or another accident caused by someone else’s negligence. Below, we answer common questions about personal injury claims to help you understand the process, deadlines, and how an our personal injury lawyers in Austin can protect your rights.
What Is a Personal Injury Claim?
A personal injury (PI) claim is a legal process for seeking compensation after being harmed by someone else’s negligence.
This may include car accidents, medical malpractice, workplace injuries, wrongful death, and slip-and-fall accidents. Victims can pursue compensation for medical bills, lost wages, and pain and suffering.
Who Can File a Personal Injury Claim in Texas?
Anyone injured due to another party’s negligence can file a personal injury claim in Texas.
This includes drivers, passengers, pedestrians, patients, and even families pursuing wrongful death claims. An attorney can evaluate whether you have a valid case.
Why Should I Hire a Personal Injury Lawyer?
A personal injury lawyer protects your rights and increases your chance of a fair settlement.
Attorneys handle negotiations with insurance companies, gather evidence, file lawsuits, and represent you in court if necessary. Without representation, victims often accept far less than their claim is worth.
What Is the Statute of Limitations for Personal Injury Claims in Texas?
In Texas, you typically have two years from the date of the injury to file a lawsuit.
This time limit, known as the statute of limitations, is strict. Missing the deadline usually means losing your right to compensation, no matter how strong your case is.
When Does the Deadline Begin?
The clock generally starts on the day of the accident or injury.
For example, if you were injured in a car accident on May 1, 2023, you usually must file by May 1, 2025. Some exceptions apply, such as delayed discovery of injuries.
Are There Exceptions to the Statute of Limitations?
Yes. Certain factors can extend or pause the deadline.
Examples include cases involving minors, mental incapacitation, fraudulent concealment, or injuries discovered later (such as toxic exposure cases). Claims against government entities also have shorter deadlines.
How Does the Discovery Rule Work in Texas?
The discovery rule may extend the filing deadline if injuries weren’t immediately obvious.
For example, if you suffered a hidden internal injury after a car accident and only discovered it months later, the statute might begin at the time of discovery rather than the accident date.
What If I Miss the Filing Deadline?
If you miss the deadline, your case will likely be dismissed.
This means you cannot pursue compensation for medical bills, lost wages, or pain and suffering. The defendant’s attorney will raise the statute of limitations as a defense, and the court will dismiss your case.
What Types of Damages Can I Recover in an Personal Injury Case?
You can recover both economic and non-economic damages.
Economic damages include medical expenses, lost wages, and property damage. Non-economic damages include pain and suffering, emotional distress, and loss of enjoyment of life. In severe cases, punitive damages may apply.
How Are Personal Injury Claims Calculated?
Several factors influence the value of a claim.
These include the severity of injuries, cost of medical treatment, lost wages, long-term care needs, and the degree of pain and suffering. Comparative negligence (if you share fault) can also reduce your compensation.
How Do Insurance Companies Calculate Settlements?
Insurance companies consider medical costs, lost income, and general damages.
They may use formulas to estimate pain and suffering, but they often undervalue claims. That’s why having a skilled Austin accident lawyer helps ensure fair compensation.
What Is the Process for Filing a Personal Injury Claim in Texas?
The process includes gathering evidence, filing an insurance claim, and possibly a lawsuit.
Your lawyer will investigate the case, collect medical records, negotiate with insurers, and, if necessary, take your case to trial. Each step builds toward securing a settlement or verdict in your favor.
What Role Does Evidence Play in Personal Injury Claims?
Strong evidence is essential to prove liability and damages.
This includes photos of the accident, witness statements, police reports, medical records, and expert testimony. Promptly collecting and preserving evidence can strengthen your case and improve settlement negotiations.
Do Personal Injury Claims Go to Court?
If settlement negotiations fail, your case may proceed to trial.
At trial, both sides present evidence, witness testimony, and expert opinions. A judge or jury decides liability and awards damages. While trials can take longer, they may result in higher compensation.
How Long Does a Personal Injury Case Take in Texas?
It can take anywhere from several months to a few years.
The timeline depends on the complexity of the case, the severity of injuries, willingness to negotiate, and court scheduling. Many cases settle faster through negotiation or mediation. At Batrice Law Firm our average personal injury case takes approximately 6 to 8 months,
What Steps Can I Take to Strengthen My Claim?
Start by gathering evidence, seeking medical treatment, and contacting a lawyer.
Take photos at the scene, collect witness information, aand keep all medical bills. A personal injury lawyer can coordinate expert evaluations and ensure all deadlines are met.
Can Minors File Personal Injury Claims in Texas?
Yes, but the timeline works differently.
If a child is injured, the statute of limitations usually doesn’t begin until they turn 18. This gives them until their 20th birthday to file, although parents may pursue claims earlier for medical costs.
How Do Comparative Negligence Laws Affect My Claim?
Texas uses a modified comparative negligence rule.
If you’re found partly at fault for the accident, your compensation is reduced by your percentage of fault. If you are more than 50% at fault, you cannot recover damages.
What If I’m Suing a Government Entity?
You face much shorter deadlines.
When suing the City of Austin, state agencies, or government employees, you may need to provide notice within six months of the injury. These cases require quick action and experienced legal representation.
Why Is Acting Quickly So Important?
Delays can hurt your case.
Evidence may disappear, witnesses’ memories fade, and insurance companies may try to pressure you into a low settlement. Contacting a lawyer early ensures your rights are protected and your case is filed on time.
Final Thoughts: Filing a Personal Injury Claim in Austin
Most personal injury claims in Texas must be filed within two years.
Because exceptions exist, consulting with an experienced Austin personal injury lawyer as soon as possible ensures your claim is protected. Acting quickly helps preserve evidence, meet deadlines, and maximize your compensation.
Contact Batrice Law Firm Today
At Batrice Law Firm, we help injury victims in Austin and throughout Texas navigate the complex process of filing personal injury claims. Whether you’ve been hurt in a car accident, medical malpractice case, or wrongful death situation, we fight to protect your rights.
Call today for a free consultation and let us pursue the justice and compensation you deserve.
