If you have been in an accident, you may wonder what to do next and what your rights are. A personal injury case is one option you may have, but there are certain requirements that you will have to meet. This includes having a verifiable personal injury caused by negligence.
You must have a personal injury
In order to qualify for a personal injury case, you must have a bodily injury or mental and emotional suffering. Just being in an accident doesn’t mean you have grounds for a case.
Your medical records for testing and treatment will prove that you have a physical injury. Mental and emotional injury can be harder to prove than bodily harm, but not impossible. Medical records can help, especially if you have suffered brain damage that caused emotional or cognitive changes. A permanent injury or disfigurement can also affect mental and emotional health.
There must be verifiable negligence
In order to have a personal injury case, you (and your attorney) must be able to prove that another party was negligent and as a result, caused you harm. It is always simple to find who caused the incident. Multiple parties can be found negligent, including you. In Texas, you can still file a claim or lawsuit if you were less than 50% at fault for an accident. A personal injury attorney is best suited to help you understand negligence.
There must be recoverable damages
Once you have established that you have documented injuries and that negligence caused the accident, you must still show that damages are recoverable. This means you must prove that you have received personal and financial harm as a result of the accident. Also, you will need to show that compensation will help remedy the damage. The payment you receive can be compensatory, covering medical bills, lost wages, and more. Punitive damages are less common but can be sought in certain circumstances.
Your case must be filed within the statute of limitations
In Texas, this refers to a two-year time frame. The clock usually starts ticking down from the day of the accident or the day injuries are found, although there are some exceptions. It is important to speak with a personal injury attorney to make sure you stay within the time limit for your case.
How does a personal injury claim work?
First, you will most likely make a claim with an insurance company. This is true for car accidents, work accident cases, and other types of instances. If the claim is denied or does not go well, you may then be able to file a personal injury lawsuit.
Whether you choose to go with this process or file a lawsuit directly, you should speak with an attorney. They have the experience necessary to know if you have grounds for a case and can help you get the most compensation. They can also help you with all paperwork, deal with the insurance company, and negotiate on your behalf. This helps you focus on healing and recovery.
Tips to help with your personal injury case
Before you file a claim or lawsuit, it is important to know the following tips.
- Never speak with the insurance company without an attorney. If you must, make sure you know what you CAN say.
- Gather as much evidence as possible. This includes pictures, medical records, and lost wages.
- Don’t take the first settlement offer.
- You DON’T have to give a recorded statement to the insurance adjustor.
- Be careful about posting on social media. The negligent party’s insurance agency or attorney could be watching your accounts.
Do you need help with your personal injury case?
If you need help with your case or don’t know if you meet the requirements for one, speaking with a personal injury attorney can help. Attorney Dean Boyd and his Team can assist you after you have been in an accident. We are experienced in helping victims that have been in Car Wrecks, Truck Accidents, Oilfield Accidents, and More.
Give us a call at (806) 242-3333 or Send Us an Email for more information and to ask about getting a free consultation. You can also visit us in person at 4423 SW 45th Ave, in Amarillo, Texas or 5012 50th St #103 in Lubbock, Texas.