What is a Personal Injury Lawsuit?

personal injury lawsuit

A personal injury lawsuit is a legal action injured Texans are allowed to take against individuals or businesses that have caused harmed through negligence.

Recovering from an injury is costly, often leaving the injured individual physically, financially, and emotionally at a loss. But often, focusing on recovery is a full-time job, preventing individuals from pursuing the compensation they deserve. With over 70 years of combined experience, Liggett Law Group understands the challenges of injury victims undergoing a personal injury lawsuit. Knowing these seven important facts about personal injury lawsuits in Texas give accident victims a strong start in securing compensation.

7 Important Facts about Personal Injury Lawsuits in Texas

1. Time Limits Apply to Personal Injury Lawsuits

After an injury, time becomes altered, and regular schedules and to-do lists are sidelined for prolonged periods of uncertainty and waiting. When injuries have impaired the victim’s ability to continue with daily activities, days can morph together, and keeping track of time becomes challenging.

But time limits, or statutes of limitation, apply to all personal injury cases. Filing a Texas personal injury lawsuit must occur within two years of the date of the accident. Very few exceptions apply. Filing a personal injury lawsuit may feel overwhelming, so allowing a personal injury attorney in Texas to work for you can make an overwhelming task possible and successful.

There are essential reasons to file a personal injury lawsuit as soon as possible. Here are a few:

  • To collect and preserve evidence: Documentation such as videos, dashcam footage, logbooks from commercial drivers, and 911 recordings are not kept indefinitely and are deleted or destroyed at a predetermined time.
  • To build a case: Filing a lawsuit early allows a Texas personal injury attorney time to build a robust case supporting your claim.
  • To preserve details: A more accurate account of what happened can be obtained from witnesses sooner after an accident occurs. Time can cloud vital memories that may significantly affect your compensation.

2. You Can Help with Evidence Collection

Many personal injury accident scenes are quickly addressed to protect others from harm but that process also removes vital evidence. If you are capable, there is crucial information you can collect that will support your lawsuit, providing essential documentation for any case. But if you are severely injured, your goal should be to remain immobilized to prevent further injury because your health is the most essential piece to preserve. If you are able to safely collect evidence, consider doing the following at the accident scene post-crash:

  • Take pictures of the vehicles involved in a car accident, wet floors that caused you to fall, or any factors that contributed to the incident. Document your injuries by taking pictures of them.
  • Ask for contact information for any witnesses to an accident. Once witnesses leave the scene, it can be challenging to locate them.
  • Collect the information of everyone involved in an accident. The name, address, phone number, insurance information, and driver’s license numbers (if applicable) are essential.
  • Obtain a copy of the accident report, or if your injuries may involve premises liability, do not give a signed statement but ask for the owner’s or responsible party’s contact information.

Accidents can be emotionally charged events. Take a few moments to gather your thoughts before acting to advocate for your best interests. As part of that process, reach out for a free consultation with the experienced personal injury lawyers at Liggett Law Group in Lubbock, Texas.

3. Medical Evidence is Critical

The tough-it-out approach is never beneficial in a personal injury lawsuit. Medical treatment is part of the documentation detailing when your injuries began, and creating a timeline of events. Some injuries, particularly those sustained in an automobile wreck or slip-and-fall accident, are not evident until days or weeks later.

Refusing medical attention or waiting to seek medical help allows insurance companies to attribute your injuries to other events, potentially weakening your case.

4. Your Words Can be Used Against You

Speaking with law enforcement after an accident is expected, but even an apology offered as a courtesy to another driver can be misconstrued as an admission of guilt. And you are not required to make statements to insurance companies, even when they sound empathetic to your suffering and offer to settle your claim quickly to help your recovery. The role of an insurance carrier is to minimize the payout to injury victims.

Working with a Texas personal injury attorney to act as your point of contact for the insurance company handling your claim is the best way to protect yourself and prevent your statements from being misconstrued or used against you to discredit your injury claims.

5. Personal Injury Lawsuit Settlements

When you are represented by respected, aggressive lawyers and the facts of the accident support your personal injury claim, a settlement can potentially be reached before trial. Many injury victims are hesitant to take action because they fear what a trial will entail, but lawsuits rarely play out like the courtroom scenes on TV.

A Texas personal injury lawsuit attorney will actively seek what is best for you, agreeing to a settlement if you feel you are being offered fair compensation and it is within the range the lawyer knows is appropriate for your circumstances. Insurance companies often agree to settle to prevent a lengthy court case, reduce the negative attention they can receive, and prevent additional losses. Throughout the process, you need someone on your side actively pursuing what is best for you, even if that means taking a case to trial and having a jury reach a verdict.

6. There are Many Types of Personal Injury Lawsuits

Car accidents often come to mind when most people think of personal injury lawsuits. However, numerous events can be the catalyst for a personal injury lawsuit. Here are some of the more common reasons:

  • Slip and fall accidents: According to the Centers for Disease Control and Prevention (CDC), over 800,000 people are hospitalized each year in the U.S. as the result of fall injuries. Falls can occur while shopping, at restaurants, at work, and on poorly maintained sidewalks.
  • On-the-job accidents, such as construction site accidents, oilfield accidents, or plant explosions, are causes of personal injury lawsuits
  • Dog bites
  • Product liability
  • Premises liability: Negligence in maintaining a store, venue, land, or any property, resulting in you being injured
  • Pedestrian accidents
  • Motorcycle accidents
  • Truck accidents

Any injury you suffer due to someone’s negligence can result in you filing a personal injury lawsuit.

Work With Liggett Law Group to File a Personal Injury Lawsuit

The Lubbock Personal Injury Lawyers at Liggett Law Group understands the devastating financial toll a personal injury can have on your life. Costly medical treatment, an inability to work, and covering basic living expenses can lead to staggering debt after an injury. Ted Liggett and his legal team offer compassionate support by providing free consultations to listen to and understand your needs. We work on a contingency fee basis, meaning you never pay upfront costs and will not owe us anything unless we secure compensation for you.