Question 1

What Is a Personal Injury Case?

Accepted Answer

Personal injury is a legal term that is used to describe a wide array of injuries that can impact the body, emotions and mind of an injured victim. A personal injury case can help protect victims that have suffered damages from an injury.

Question 2

What Are the Differences Between Compensatory and Punitive Damages in a Personal Injury Case?

Accepted Answer

Compensatory damages are awarded to plaintiffs to help compensate for the damages caused from an injury or injuries. Punitive damages are different from compensatory damages in how these damages are intended to punish the defendant. These types of damages are designed to help deter the defendant from acting in the same reckless manner in the future.

Question 3

What are the statute of limitations on personal injury cases in Texas?

Accepted Answer

The statute of limitations to file a lawsuit in the state of Texas for personal injury cases is two years from the date of the injury. After the specified amount of time has passed, more than likely the civil court system will refuse to hear your case and you will not be able to seek compensation.

Question 4

What Damages Are Available to Personal Injury Victims in Austin, TX?

Accepted Answer

Dependent on the facts and events surrounding each unique injury case, the injuries sustained could potentially impact permanently impact victims. Individuals that have suffered serious personal injuries may have impairments and disabilities that impact their mobility for the rest of their lives.

Question 5

Is Texas an At Fault State For Personal Injuries?

Accepted Answer

Texas’ at-fault insurance laws permits individuals to file a claim with the at-fault party’s insurance carrier, rather than their own insurance carrier. In the event that the other party does not have adequate coverage required to cover the damages caused, the injured party can file suit against the at-fault party to recover the necessary compensation for the injuries sustained.

Question 6

What is Comparative Negligence in Texas?

Accepted Answer

Many people are falsely led to believe that they will not be able to recover any compensation if they played a role in causing their own injury. That is simply not true. States across the country have adopted various forms of modified comparative negligence laws to account for what happens if a person is partially responsible for causing the incident that led to their injury. Texas does follow a modified comparative negligence law with a 51% bar. What this means is that a person can recover compensation so long as they are not 51% or more to blame for the incident. However, the total amount of compensation a person does receive will be reduced based on their percentage of fault.

Question 7

Can Personal Injury Cases Settle Out of Court?

Accepted Answer

The vast majority of personal injury cases in Austin are going to be resolved through settlements with insurance carriers before a personal injury lawsuit is even filed. Think about one of the most common types of personal injury claims that arise – vehicle accidents. In these situations, individuals typically file a claim against the at-fault driver’s insurance carrier. Even though insurance carriers may put up some resistance towards paying total compensation, they usually end up making a settlement in the end.

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