In Texas, like many other states, there is a statute of limitations on personal injury claims. This means that you have a certain amount of time to file a personal injury lawsuit following an auto accident in order to be legally entitled to damages. In the state of Texas, with some exceptions, the statute of limitations is two years from the date of your accident. 

If you have questions regarding the statute of limitations on your personal injury claim, don’t hesitate to reach out to us at 877-300-5105 to have your questions answered.

When you’re involved in a vehicle accident, a rush of adrenaline can cause you to feel confused and worried. When it’s unclear whose fault the accident is, it’s important to stay calm. Try to work with the other involved parties to get the information you need. While it’s possible that the accident might only be one person’s fault, it’s also possible that there are multiple at-fault parties.

When you get into an accident, you must not accept or appear to accept blame from the start. You should focus your attention instead on making sure everyone involved is physically okay, checking for injuries, and calling the police or seeking medical assistance if necessary. Next, you should collect as much information as possible, including vehicle damage photos, accident scene photos, and the contact information, driver’s licenses, and car insurance information of all involved parties.  Collecting contact information from witnesses is also very important.

Texas has what’s called a modified comparative fault system for personal injury claims. This means that every party involved in the accident is responsible for their proportional share of fault.  However, if the injured party bears 51% or more of the fault, he/she is barred from recovering any compensation under the modified comparative fault rule.  In sum, an injured party is barred from any recovery if he/she bears more than half of the blame.

While there is typically an independent investigation into a car accident, an experienced personal injury attorney can conduct their own investigation into your accident. This investigation can help build a strong case for your personal injury claim that the other party is mostly or entirely at-fault.  By hiring the experienced attorneys at McBell Law, you will help ensure you get the best possible result for your claim. Don’t hesitate to call us at 877-300-5105 for your free consultation.

In most car accident cases, personal injury claims are settled outside of court.. Typically, your attorney will conduct their own research to determine how much your personal injury claim is worth. Oftentimes during negotiations, the defendant’s insurance company will offer low settlements in the hopes that the victim will accept a low offer. This is followed by a higher counter-offer from the victim. 

Negotiations for the settlement follow this pattern until all parties come to a resolution that they are content with. If a settlement can’t be reached outside of court, then the aggrieved parties will seek judicial assistance. 

The aftermath of an accident in Texas can oftentimes be emotionally draining and stressful. So, we’ve listed some important milestones of personal injury claims to help you get a better understanding of the process.

• Determine the Extent of Your Injuries: When you’ve suffered an injury from a car accident, there are medical procedures you must go through in order to receive the correct treatment. One of the most important pieces of your claim is that you should not settle until the full extent of your injuries are determined. If you settle too early, you won’t be able to accurately predict your future medical bills or pain and suffering.

• Determine Who’s At -Fault: The question of fault comes up in nearly every personal injury claim. Determining which party is at-fault – and to what degree – is one of the most important parts of your personal injury claim. This will determine who is held financially responsible for damages.

• Negotiations: If you attempt to settle your claim outside of court, the negotiation process can take time depending on how cooperative the defendant’s insurance company is. There are many tactics that insurance companies use to try and delay settlements or dissuade victims from pursuing higher settlement offers. Having experienced legal representation during your personal injury claim is essential.

• Legal Proceedings: If a settlement can’t be reached outside of court, then your attorney will file a lawsuit to pursue your claim in front of a judge. The court system is often time-consuming due to the complexity of the legal process and the number of pending cases, so this can impact the time it takes for a settlement to be reached if you choose to pursue legal action.