Austin Personal Injury Lawyer

Accident victims and the families of wrongful death victims in Austin are bound by the state of Texas statute of limitations for personal injury action. Generally, you have two years from the date of your accident to file a claim. It’s never too early to get started. Sadly, for many accident victims who wait to file their claims, it can be too late. Speaking to a personal injury lawyer in Austin as soon as you’re aware of your damages is the best way to guarantee your claim will be heard.

Texas observes modified comparative negligence, a fact that can see your damages decreased by the proportion of the accident for which you are deemed responsible. If your car accident damages are valued at $1 million but a judge finds you 25 percent responsible for the outcome, your damages could be limited to $750,000. For this reason, establishing the fault clearly with the responsible party is crucial.

It depends on the claim in question. Most civil lawsuits in Texas are uncapped; for example, there’s no limit to the amount of money you can collect in a car accident settlement in Austin. For other types of claims, such as medical malpractice claims or lawsuits against the government or other public entities, damages caps may apply.

Texas is a fault state, meaning car accident victims have the option of filing a claim directly with the at-fault party’s insurance company. In no-fault states, victims must initiate their claims with their own insurer.

Going to court can be an expensive and emotionally draining proposition. Most personal injury claims, however, are resolved out of court. Although it may be preferable to accept a settlement offer over fighting a protracted court battle, you will still need to negotiate a fair settlement with the at-fault party’s insurance company. If this sounds daunting, a top-rated personal injury attorney in Austin can help increase your odds of success.