Frequently Asked Questions
General Questions About Personal Injury
What qualifies as a personal injury case?
A personal injury case arises when someone suffers harm due to another party’s negligence or intentional actions. Common cases include car accidents, slip and falls, workplace injuries, medical malpractice, and defective products. To have a valid claim, you must show that another party’s negligence directly caused your injury.
How long do I have to file a personal injury lawsuit in Texas?
In Texas, the statute of limitations for most personal injury cases is two years from the date of the injury. However, certain exceptions may apply, such as injuries involving minors or cases where the harm was not immediately discovered. Consulting an attorney early helps ensure your case is filed on time.
What damages can I recover in a personal injury case?
Victims of personal injury accidents may recover compensation for medical expenses, lost wages, pain and suffering, property damage, emotional distress, and future medical costs. In some cases, punitive damages may be awarded if the at-fault party’s actions were especially reckless or malicious.
Do I need a lawyer for my personal injury claim?
While it’s possible to handle a personal injury claim on your own, insurance companies often try to minimize payouts or deny claims altogether. An experienced personal injury lawyer can gather evidence, negotiate with insurers, and fight for the full compensation you deserve.
Will my personal injury case go to trial?
Most personal injury cases are resolved through negotiations and settlements with insurance companies. However, if a fair settlement cannot be reached, your attorney may take the case to trial to fight for maximum compensation. Having an attorney prepared to go to court often strengthens your negotiating position.
Questions About Trucking Injuries
Who can be held responsible for a trucking accident?
Trucking accidents often involve multiple liable parties, including the truck driver, trucking company, cargo loaders, truck manufacturers, and even third-party maintenance providers. Determining fault requires a thorough investigation of driver logs, truck maintenance records, black box data, and company policies to identify negligence.
How long do I have to file a trucking accident claim in Texas?
In Texas, the statute of limitations for filing a personal injury claim after a trucking accident is two years from the date of the crash. However, it’s crucial to begin the process as soon as possible to preserve evidence, obtain witness statements, and build a strong case before critical evidence is lost.
What damages can I recover after an 18-wheeler accident?
Victims of trucking accidents may be entitled to compensation for medical expenses, lost wages, pain and suffering, property damage, loss of earning capacity, and in some cases, punitive damages. The severity of injuries and the level of negligence involved will impact the final settlement or verdict.
How is a trucking accident different from a regular car accident?
Trucking accidents are more complex than regular car accidents because they often involve federal and state regulations, multiple liable parties, larger insurance policies, and more severe injuries. Additionally, trucking companies have legal teams ready to dispute claims, making experienced legal representation essential for securing full compensation.
What should I do after a trucking accident to protect my claim?
If you are involved in a trucking accident, seek immediate medical attention, document the scene with photos and witness contact information, avoid making statements to the truck driver’s insurance company, and consult an experienced trucking accident lawyer as soon as possible. Acting quickly can help secure critical evidence such as black box data and driver logs before they are lost or destroyed.
Car Accident Questions
What should I do after a car accident?
After a car accident, prioritize your safety and medical needs. Call 911, seek medical attention, document the scene with photos and witness information, exchange details with the other driver, and avoid making statements to the insurance company before speaking with an attorney. Prompt action can help protect your claim.
How do I know if I have a valid car accident claim?
You may have a claim if another driver’s negligence—such as speeding, distracted driving, or running a red light—caused your accident and injuries. Evidence such as police reports, medical records, and witness statements will help establish liability. An attorney can assess your case and guide you through the legal process.
What damages can I recover after a car accident?
Car accident victims may be entitled to compensation for medical expenses, vehicle repairs, lost wages, pain and suffering, and future rehabilitation costs. If the at-fault driver acted recklessly, such as driving under the influence, punitive damages may also be available.
How long do I have to file a car accident lawsuit in Texas?
In Texas, you generally have two years from the accident date to file a personal injury lawsuit. However, it’s important to act quickly to preserve evidence, obtain medical records, and ensure the best possible outcome for your case.
What if the other driver was uninsured or underinsured?
If the at-fault driver does not have insurance, you may still recover compensation through your uninsured/underinsured motorist (UM/UIM) coverage. If you don’t have UM/UIM coverage, an attorney can explore other legal options, such as suing the at-fault driver personally.
Wrongful Death Questions
Who can file a wrongful death claim in Texas?
In Texas, spouses, children, and parents of the deceased have the legal right to file a wrongful death claim. If none of these family members take action within three months, the executor of the deceased’s estate may file a claim on behalf of the family.
What compensation can be recovered in a wrongful death case?
Families may recover damages for funeral expenses, medical bills, lost financial support, loss of companionship, and emotional pain and suffering. In some cases, punitive damages may be awarded if the wrongful death was caused by gross negligence or intentional misconduct.
How long do I have to file a wrongful death lawsuit in Texas?
The statute of limitations for filing a wrongful death lawsuit in Texas is two years from the date of death. However, certain exceptions may extend this deadline, such as cases involving minors or criminal acts. Speaking with an attorney as soon as possible helps protect your rights.
How is wrongful death different from a survival action?
A wrongful death claim seeks compensation for the losses suffered by surviving family members, such as financial support and emotional suffering. A survival action, on the other hand, is filed on behalf of the deceased person’s estate to recover damages they would have been entitled to if they had survived, including pain and suffering before death.
Do I need a lawyer for a wrongful death claim?
Yes, wrongful death cases can be legally complex and emotionally overwhelming. An experienced attorney can handle the legal process, investigate the cause of death, negotiate with insurance companies, and fight for maximum compensation, allowing your family to focus on healing.
Industrial Accident Questions
Who is responsible for an industrial accident?
Liability for an industrial accident depends on the cause of the injury. Possible responsible parties include employers, third-party contractors, equipment manufacturers, or property owners. An attorney can investigate the accident to determine who should be held accountable.
Can I sue my employer for an industrial accident in Texas?
Texas does not require employers to carry workers’ compensation insurance, meaning some injured workers may have the right to file a lawsuit against their employer if negligence was involved. If your employer does provide workers’ compensation, you may still be able to file a claim against a third party, such as an equipment manufacturer or contractor.
What types of compensation can I recover after an industrial accident?
Injured workers may be entitled to compensation for medical bills, lost wages, ongoing rehabilitation, pain and suffering, and loss of future earning capacity. If the accident was caused by gross negligence, punitive damages may also be available.
What should I do if I’m injured in an industrial accident?
Seek medical attention immediately, report the accident to your employer, document the scene with photos and witness statements, and avoid giving recorded statements to insurance companies before speaking with an attorney. Acting quickly can protect your legal rights and maximize your potential compensation.
How long do I have to file an industrial accident claim?
Texas law allows injured workers two years from the date of the accident to file a personal injury lawsuit. If your claim involves workers' compensation, the deadline to report the injury to your employer is 30 days. Missing these deadlines could prevent you from recovering compensation.
Answers to Common Legal Questions
Can I file a claim for a boating or jet ski accident?
Yes, if your injuries were caused by a reckless boat operator, defective equipment, or unsafe water conditions, you may be eligible to file a claim. Boating accident cases can be complex, especially when they involve maritime law, so speaking with an attorney can help you understand your legal options.
What should I do if I’m injured in a pedestrian accident?
If you were hit by a vehicle while walking, seek medical attention immediately, report the accident to law enforcement, document the scene with photos and witness statements, and contact an attorney before speaking with insurance companies. Pedestrian accidents often cause serious injuries, making full compensation essential for recovery.
Can I sue after a dog bite in Texas?
Yes, Texas law allows dog bite victims to seek compensation if the dog owner knew the animal was dangerous or was negligent in preventing the attack. You may be entitled to damages for medical expenses, lost wages, scarring, emotional trauma, and pain and suffering.
What if I’m injured in an ATV accident?
ATV accidents can be caused by defective parts, negligent drivers, or unsafe trail conditions. If someone else’s negligence contributed to the accident, you may be able to file a claim for compensation. Our attorneys can investigate the cause and hold the responsible parties accountable.
Do I have a case if I was injured at a state fair or amusement park?
If you were hurt due to a ride malfunction, operator negligence, or unsafe conditions, you may be able to file a premises liability claim against the fairground operator or amusement park. These cases require a detailed investigation to determine liability, and an attorney can help build a strong case.
Let Us Fight for You
When you’ve been injured, you need a law firm that will stand up for your rights and fight for every dollar you deserve. At Portner Bond, PLLC, we are ready to handle the legal battle while you focus on healing.