Injury Claim Questions

Most injury lawsuits must be filed within two years of the date of the injury. Some circumstances change that, and claims involving a governmental unit often require written notice much sooner. Because a missed deadline can end a claim no matter how strong it is, the dates should be confirmed early.

You may still recover. Texas reduces your recovery by your percentage of responsibility and bars recovery entirely if you're found more than 50 percent at fault. Insurers often assign more blame to the injured person than the evidence supports.

Generally medical bills and future care, lost income and lost earning capacity, property damage, and non-economic harm such as physical pain, mental anguish, impairment, and disfigurement. Which apply, and what they're worth, depends on the evidence in your case.

There's no formula, and no honest answer before the facts are reviewed. Value depends on fault, the seriousness and permanence of the injury, the treatment involved, and the insurance actually available. Be cautious of anyone who quotes a number up front. Prior results do not guarantee a similar outcome.

Usually health insurance, medical payments coverage if your auto policy includes it, or arrangements with providers. Health insurers and medical providers may later claim repayment out of a settlement, which is one reason those claims need attention before anything is finalized.

Most claims settle without a trial, and many settle without a lawsuit ever being filed. Filing suit becomes necessary when the insurer disputes fault or injuries, refuses a reasonable offer, or the deadline is approaching. Even then, most cases resolve before trial.