FAQs

Yes, the deadline set by the statute of limitations can be extended in limited circumstances. For example, the usual two-year deadline for filing personal injury claims may be extended in cases where:

• The injured person is under 18 when the accident occurred
• The injured person is mentally incapacitated when the accident occurred
• The at-fault party leaves the state
• The at-fault party conceals their culpability
• The injuries are not discoverable until some time passed after the accident

To determine whether any of these exceptions apply to your case, it is best to speak to a personal injury attorney sooner than later.

Each state limits the time injury victims have to file a lawsuit through a law known as the statute of limitations. In Texas, the law typically gives only two years from the date of the accident to file a personal injury lawsuit in court. If you fail to file your lawsuit by the deadline, your right to pursue compensation from the at-fault party will most likely be eliminated. You will also lose the upper hand in out-of-court settlement negotiations with the at-fault party and their insurers.

This strictly enforced law exists for several reasons. First, as time goes on, evidence can deteriorate or disappear, which can compromise a jury’s ability to come to a fair and just decision. Second, it encourages injured parties to bring their claim sooner than later, sparing defendants from the never-ending threat of a lawsuit. Third, it prevents courts from being inundated by years-old cases.

Every personal injury case is unique. The amount of compensation you can recover will depend on many factors, including the severity of your injuries, the extent of your losses, the circumstances of the accident that injured you, and the number of liable parties.

Compensation is designed to cover various losses resulting from the injury, including:

• Present and future medical expenses related to your injuries, including hospital bills, physical therapy, diagnostic tests, treatments, procedures, prescription medications, lodging, and meals
• Lost wages if you are unable to return to work due to the nature of your injury, as well as reduced earning capacity for the future
• Pain and suffering, which includes the non-economic damages you’ve endured, such as post-traumatic stress disorder (PTSD), loss of enjoyment of life, emotional anguish, and mental distress

At The Wilhite Law Firm, we offer our legal services on a contingency basis. This means you pay nothing out-of-pocket for us to start working on your case. We cover the up-front costs of pursuing your claim, and you pay nothing unless we win your case. To make sure there are no surprises down the road, we are paid a prearranged percentage of the amount we ultimately recover on your behalf.

To pursue a personal injury claim, you will need to prove that the other party was at fault for the accident or event that caused your injuries. In other words, you need to establish that the other party was “liable” for your related losses. Specifically, you will need to show that the other party was negligent, meaning they failed to use reasonable care to avoid injuring others.

In addition, you will need to demonstrate that you suffered losses as a result of the accident, such as medical expenses, property damage, lost income, and intangible losses such as pain and suffering.

If you were partially responsible for an accident, you may be wondering whether you can still recover compensation. Fortunately, yes. Texas courts deploy a concept known as comparative negligence (also referred to as “proportionate responsibility”). Under this rule, injury victims can recover compensation for personal injuries so long as they were not 50 percent or more responsible for the underlying cause of the accident.

However, the amount of money they are entitled to be reduced proportionately to their degree of fault beneath 50 percent. For instance, if a plaintiff was 25 percent responsible for a car accident that left them with $100,000 in medical expenses and property damage, the most they could recover would be $75,000.

Your auto insurance policy most likely requires that you notify your provider any time you are involved in an accident that may be covered through a first-party claim. Though the deadline will vary from policy to policy, you are normally contractually obligated to report accidents within 30-60 days. Be sure to read your policy carefully, as failure to comply with the deadline can eliminate your coverage.

No. There is no law requiring you to speak with the at-fault party’s insurer after an accident. In fact, speaking to their insurer is risky unless you know exactly what to say and what not to say. A single slip-up could give an adjuster everything they need to shirk their company’s responsibility to pay your claim.

Instead, you should let your personal injury attorney do the talking. A knowledgeable injury lawyer can handle all communication with the at-fault party’s insurer for you, sparing you from dealing with tricky adjusters and worrying about watching everything you say.

Though not all, most personal injury cases are based on the legal concept of negligence. In law, negligence arises when someone fails to exercise the same level of caution that a reasonable person would show in a similar situation.

For example, failure to adjust your speed when driving in inclement weather likely counts as negligence. If the negligent driver causes an accident, they will be held responsible for compensating injured victims. A plaintiff who files a personal injury lawsuit based on negligence must normally show that the defendant’s failure to uphold their legal duty to use reasonable care caused the plaintiff’s injuries.

However, in some cases, plaintiffs may also rely on a distinct legal theory known as negligence per se. Negligence per se occurs when someone violates a law specifically put in place to keep people safe. If such a violation results in an accident the statute sought to prevent, injured plaintiffs need only prove that the violation occurred and caused their injuries.