West Texas Personal Injury FAQs

Personal Injury

February 7, 2025
11:21 am

Personal Injury FAQs in West Texas

1. How long does a personal injury settlement take in Texas?

The timeline for a personal injury settlement in Texas varies depending on several factors, but it typically takes anywhere from a few months to several years to resolve.

2. How do I know if I have personal Injury case?

To have a personal injury case in Texas, you must prove:

Duty of Care – The other party had a legal obligation (e.g., drivers must follow traffic laws).
Breach of Duty – They acted negligently or recklessly (e.g., running a red light).
Causation – Their actions directly caused your injury.
Damages – You suffered losses (medical bills, lost wages, pain & suffering).
Statute of Limitations – You have two years to file a claim in Texas.

3. Can I file a lawsuit if I have pre-existing conditions?

Yes, you can file a personal injury lawsuit in Texas with pre-existing conditions. The Eggshell Plaintiff Rule protects you if the accident worsened your condition. You’ll need medical records to prove aggravation. Insurers may challenge your claim, so a personal injury lawyer can help. Texas’ statute of limitations is two years.

4.What should I do if I am involved in a personal injury accident?

If you’re involved in a personal injury accident, follow these steps:

Seek Medical Attention – Get treated, even if injuries seem minor.
Report the Incident – Call 911 for car accidents or notify the property owner if injured on their premises.
Gather Evidence – Take photos, get witness contact info, and keep medical records.
Avoid Admitting Fault – Stick to facts when speaking to police or insurers.
Notify Your Insurance – Report the accident but avoid detailed statements before consulting a lawyer.

5. Can I recover compensation by filing a personal injury claim if I am partially at fault?

Yes, you can recover compensation in Texas even if you are partially at fault, under the modified comparative negligence rule. However:

51% Bar Rule – You can recover damages only if you are less than 51% at fault.
Reduced Compensation – Your compensation is reduced based on your percentage of fault.

What Texas Cities Can We Handle Your Personal Injury Case?

Lubbock
Midland
Odessa
Wichita Falls

Car Accident FAQs in West Texas

1. How long after car accident can you claim injury in Texas?

In Texas, you have two years from the date of a car accident to file a personal injury claim under Texas Civil Practice & Remedies Code § 16.003. Exceptions may apply, such as cases involving minors or government entities. Acting quickly ensures you protect your right to compensation.

2.What happens if the person at fault in an accident has no insurance in Texas?

If the at-fault driver in Texas has no insurance, you can seek compensation through:

Uninsured Motorist (UM) Coverage – Covers medical bills and damages if included in your policy.
Personal Injury Protection (PIP) – Helps with medical expenses regardless of fault.
Filing a Lawsuit – You can sue the driver, but collecting may be difficult.

3.What are my rights in a car accident in Texas?

In Texas, you have the right to:

Seek Compensation – File a claim for medical bills, lost wages, and property damage.
Use UM/UIM Coverage – If the at-fault driver is uninsured.
File a Lawsuit – Within two years if needed.
Reject Low Settlements – Negotiate for fair compensation.
Hire an Attorney – To protect your rights and maximize recovery.

4.What happens if I’m at fault in a car accident Texas?

If you’re at fault in a Texas car accident:

Liability for Damages – Your insurance must cover the other party’s losses.
Possible Lawsuit – You can be sued if damages exceed your coverage.
Higher Insurance Rates – Your premiums may increase.
Comparative Fault – If the other driver shares blame, their compensation may be reduced.

5. How long does the car accident claim process take?

The car accident claims process in Texas can take a few weeks to several months depending on:

Severity of the Accident – Minor claims settle faster than complex cases.
Insurance Investigation – Can take weeks to months for review.
Medical Treatment Duration – Claims may take longer if injuries require ongoing care.
Settlement Negotiations – Can extend the timeline if disputes arise.
Lawsuits – If a lawsuit is filed, resolution can take months to years.

Truck Accident FAQs in West Texas

1.How is fault determined in a truck accident?

Fault in a Texas truck accident is determined by:

Police Reports – Document violations and citations.
Evidence Collection – Photos, dashcam footage, and vehicle damage.
Witness Statements – Support claims of negligence.
Black Box Data – Records speed, braking, and driver actions.
Trucking Regulations – FMCSA violations may indicate fault.
Comparative Fault – Compensation may be reduced if both parties share blame.

2. Who is liable in a commercial truck accident?

Liability in a commercial truck accident may fall on:

Truck Driver – If negligent (e.g., speeding, distracted, fatigued, DUI) or violating regulations.
Trucking Company – Liable under vicarious liability or for unsafe policies, improper training, or pressuring drivers.
Truck Owner – If maintenance issues or mechanical failures contributed to the crash.
Cargo Loaders – If improper loading caused instability or spills.
Truck Manufacturer – If defective parts (e.g., brakes, tires) played a role.
Other Drivers – If another vehicle’s actions led to the accident.

Liability depends on evidence, regulations, and accident circumstances.

3.What is the compensation for truck accidents?

Dog Bite FAQs in West Texas

1. What is the dog bite rule in Texas?

Texas follows the “one-bite rule”, meaning a dog owner may be liable if:

The dog has bitten someone before or shown aggression.
The owner knew or should have known about the dog’s dangerous behavior.
The owner was negligent, such as failing to control the dog.

Victims can seek medical costs, lost wages, and pain & suffering.

2.How long does it take to sue someone for a dog bite?

The time to sue for a dog bite varies based on factors like evidence, negotiations, and court schedules. General timeline:

Filing Deadline – In Texas, the statute of limitations is 2 years from the bite.

3.What are the guidelines for dog bite?

Liability – Owners are responsible if the dog has a history of aggression.
Negligence – Owners can be sued for failing to control the dog.
Reporting – Severe bites should be reported to animal control.
Medical Care – Immediate treatment is advised.
Legal Action – Victims have 2 years to sue.
Defenses – Owners may avoid liability if the victim provoked the dog or trespassed.

4. What if I was attacked by a stray animal?

If you were attacked by a stray animal, suing may be difficult, but options include:

Local Authorities – Report the attack to animal control or health officials.
Property Owners – If a business or homeowner cared for the stray, they might be liable.
City/Municipality – Some cities can be held accountable for failing to control stray populations, but government claims have strict rules.
Medical Coverage – Personal health insurance or homeowner’s insurance may help with costs.

5.Does Texas have a dog leash law?

Yes, Texas has dog leash laws, but they vary by city and county. Key points:

State Law – Dogs must be restrained in public under Texas Health & Safety Code.
Local Ordinances – Many cities, like Houston and Dallas, require dogs to be on a leash in public areas.
Dangerous Dogs – Owners of aggressive dogs must follow stricter leash and confinement rules.
Tethering Restrictions – Texas law prohibits inhumane chaining or tethering of dogs.

• Lubbock
• Midland
• Odessa
• Wichita Falls

Daycare Negligence FAQs in West Texas

The amount you can sue a daycare for negligence in West Texas depends on several factors, including the severity of the harm, the daycare’s level of negligence, and any applicable state laws.

3. How to file a lawsuit against a daycare?

To file a lawsuit against a daycare for negligence, follow these steps:

Gather Evidence

Take photos/videos of injuries and daycare conditions.
Obtain medical records, bills, and witness statements.
Request the daycare’s incident report (if available).

Report the Negligence

File a complaint with Texas DFPS (if in Texas).
Report suspected abuse to CPS or local authorities.

Consult an Attorney

A daycare negligence lawyer can assess your case and file a claim.
Many offer free consultations and work on contingency.

In Texas, you typically have two years from the date of the incident to file a lawsuit for daycare negligence.

Most Texas daycare negligence attorneys work on a contingency fee basis, meaning you only pay if they win your case. Typically, the fee is a percentage of the settlement or award, usually between 25% and 40%. This allows you to pursue justice with no upfront costs.

Slip & Fall FAQs in West Texas

1. What is the law on slip and fall in Texas?

In Texas, slip and fall cases fall under premises liability law. To win a claim, you must prove:

Property Owner’s Duty

Invitees (customers, guests) – Owners must fix or warn of hazards.
Licensees (social guests, salespeople) – Owners must warn of known dangers.
Trespassers – Owners have minimal duty unless it’s a child (attractive nuisance doctrine).

Proving Negligence

You must show:

A dangerous condition existed.
The owner knew or should have known about it.
They failed to fix or warn about the hazard.
The hazard caused your injury.

Texas Modified Comparative Fault Rule

If you are 51% or more at fault, you cannot recover damages.
If less than 51% at fault, compensation is reduced by your fault percentage.

Statute of Limitations

Two years from the accident to file a lawsuit.

2. How Do I Prove That the Property Owner Was Negligent?

Proving negligence on the part of the property owner or manager is a crucial aspect of building a successful slip-and-fall accident case. To establish negligence, you’ll need to demonstrate several key elements:

Duty of Care: The property owner had a legal duty to maintain safe conditions for visitors and prevent hazards that could cause harm.
Breach of Duty: The property owner failed to fulfill their duty of care by not addressing or warning visitors about hazardous conditions.
Causation: The hazardous condition directly led to your slip and fall accident and resulting injuries.
Damages: You suffered physical, emotional, or financial damages due to the accident.

Speaking with the property owner’s insurance company without the guidance of an attorney can potentially be detrimental to your claim. Insurance adjusters are trained to minimize payouts and protect their company’s interests. They might use your statements against you or manipulate your words to downplay your injuries and damages.

4. How Long Do I Have to File a Slip and Fall Claim in Texas?

The timeline for filing a slip and fall claim in Texas, is determined by the statute of limitations. This legal timeframe sets a deadline within which you must initiate your claim. In Texas, the statute of limitations for personal injury claims, including slip and fall accidents, is generally two years from the date of the accident. It’s crucial to adhere to this deadline, as failing to file within the specified timeframe could result in the court dismissing your claim.

What Texas Cities Can We Handle Your Slip & Fall Case?

• Lubbock
• Midland
• Odessa
• Wichita Falls

West Texas Personal Injury FAQs

Personal Injury FAQs in West Texas

What Texas Cities Can We Handle Your Personal Injury Case?

Car Accident FAQs in West Texas

What Texas Cities Can We Handle Your Car Accident Case?

Truck Accident FAQs in West Texas

What Texas Cities Can We Handle Your Truck Accident Case?

Dog Bite FAQs in West Texas

What Texas Cities Can We Handle Your Dog Bite Case?

Daycare Negligence FAQs in West Texas

What Texas Cities Can We Handle Your Daycare Negligence Case?

Slip & Fall FAQs in West Texas

Property Owner’s Duty

Proving Negligence

Texas Modified Comparative Fault Rule

Statute of Limitations

What Texas Cities Can We Handle Your Slip & Fall Case?

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