PERSONAL INJURY LAWYERS IN AUSTIN, TX

In Texas, you generally have two years from the date of the accident or injury to file a personal injury claim. This time limit is called the statute of limitations, and it applies to most personal injury cases, including auto accidents, slip and falls, pedestrian accidents, and construction accidents.

However, there are rare exceptions that can shorten or lengthen the amount of time you have to file a claim. Missing the applicable deadline can result in losing your right to pursue compensation from the at-fault party forever. Because of this, we recommend consulting with one of our Austin personal injury attorneys as soon as possible. We can help you understand how the statute of limitations applies to your case so you can ensure your right to seek compensation for your damages.

Comparative negligence is a legal doctrine used to determine each party's degree of fault in an accident. In Texas, the state uses the modified comparative negligence rule. Under this rule, you can pursue damages in a personal injury case even if you are partially at fault, as long as your percentage of fault does not exceed 50 percent. If your percentage of fault is greater than 50 percent, then you are barred from pursuing compensation. This rule is important to understand as it directly affects your ability to seek compensation for your injuries.

If you can pursue compensation, it will be reduced by the percentage of your fault. For example, suppose your total damages are $100,000, but you are found to be 20 percent responsible for the accident. In this example, your compensation would be reduced by 20 percent, resulting in an $80,000 recovery.

Are there questions or disputes about accident fault in your case? If so, we recommend contacting a personal injury attorney in Austin right away.

Comparative negligence can directly impact whether you can pursue compensation or the amount of compensation you can recover after an accident. An attorney can build a strong claim that minimizes your liability and maximizes your potential compensation.

A successful personal injury case should compensate you for past and future financial losses resulting from your injuries and the physical and emotional impacts of your injuries. For example, you may be able to recover the following types of damages:

• Medical expenses. Medical expenses may include any medical costs resulting from your injuries, such as hospital stays, surgeries, medication, physical therapy, and future medical care.
• Lost wages. Lost wages refer to any income you lost during your recovery period.
• Loss of future earning capacity. If your injuries affect your ability to return to your job in the same capacity or keep you from working, you can pursue future lost earnings.
• Property damages. Property damages refer to repair or replacement costs for damaged or destroyed property in the accident.
• Pain and suffering. Pain and suffering damages encompass many types of non-financial losses incurred due to the accident. For example, you can pursue compensation for physical pain, emotional distress, and loss of enjoyment of life.