Personal Injury FAQs | Common Questions About Texas Injury Claims

Personal Injury FAQs: Answers to Common Questions About Texas Injury Claims

Being injured because of someone else’s negligence raises questions most people have never had to think about before. The answers below address what Texas accident victims ask most often. If your specific situation is not covered here, contact our office for a free consultation.

General Questions About Personal Injury Law

What is personal injury law?

Personal injury law addresses injuries to a person’s body or emotional wellbeing — as distinct from damage to property. Claims arise from a wide range of circumstances: auto accidents, construction accidents, dog bites, drowning accidents, slip and fall incidents, workplace injuries, injuries on another person’s property, railroad accidents, bus accidents, nursing home abuse, and many others. If your injury was caused by another party’s negligence, carelessness, or intentional misconduct, personal injury law provides a framework for pursuing financial compensation.

How do I know if I have a personal injury case?

The best first step is to speak with an attorney who can evaluate your specific situation. There are laws governing virtually every type of activity and accident, and many injured people are unaware of rights they have available to them. A knowledgeable attorney can identify whether a viable claim exists, who the responsible parties are, and what compensation may be available. Initial consultations are free, and there is no obligation to proceed. The sooner you seek that evaluation, the better — evidence is preserved and legal options are clearest closest in time to the incident.

What does strict liability mean?

Strict liability is a legal standard that holds certain companies and individuals responsible for harm they cause even when negligence cannot be proven. It exists primarily in the context of products liability — when a manufacturer, designer, wholesaler, or retailer places an unreasonably dangerous product into commerce and that product injures a consumer, those parties can be held liable regardless of whether they acted carelessly. Strict liability is also applied in some contexts involving abnormally dangerous activities. It exists to protect consumers and the public from the harms caused by dangerous products and activities.

What is the assumption of risk doctrine?

Assumption of risk is a legal doctrine that bars recovery when an injured person knowingly and voluntarily accepted the inherent risks of a particular activity before being harmed by one of those risks. The classic example is a contact sport — a player who accepts a tackle in a football game and is injured cannot sue the other player for making a legal tackle, because the risk of physical contact is inherent to the sport and was accepted voluntarily. The doctrine applies to a range of risky recreational activities, including scuba diving, paragliding, and snowboarding. It does not, however, protect against negligence that goes beyond the ordinary risks of the activity — a venue that provides dangerously defective equipment, for example, cannot escape liability by pointing to a general release signed before participation.

Deadlines and Time Limits

What is a statute of limitations, and does it apply to my case?

A statute of limitations is the legally prescribed period of time within which a claim must be filed. Once that window closes, the right to pursue the claim is permanently lost — regardless of how strong the underlying case might have been. Texas generally imposes a two-year statute of limitations on personal injury claims, running from the date of the injury. Wrongful death claims and medical malpractice claims are subject to their own rules and time limits. Some circumstances — claims involving government entities, injuries to minors, or cases where the injury was not immediately discoverable — can affect the applicable timeline. Contact an attorney as soon as possible after any injury to ensure that every applicable deadline is identified and protected.

How much time do I have to file a personal injury claim in Texas?

In Texas, the general rule is two years from the date of the incident. Certain situations are governed by different timelines, and some exceptions can extend or shorten the standard window. A thorough case evaluation conducted as soon after the incident as possible gives you the clearest picture of what deadlines apply and what steps must be taken first. Do not wait.

Damages and Compensation

Should I accept an insurance settlement before I finish medical treatment?

No. Do not sign any settlement agreement or release before you have completed medical treatment and have a full understanding of your injuries and their long-term consequences. Insurance companies move quickly toward early settlements because those settlements close claims before the full scope of injury is known — and once you sign a release, the settlement is final and permanent. You cannot return for additional compensation no matter how much your medical situation changes. Speak with a personal injury attorney before signing anything an insurance company puts in front of you. You may be entitled to significantly more than the initial offer reflects.

What are economic damages?

Economic damages compensate for the measurable financial losses caused by the injury. In a personal injury case, these typically include ambulance and emergency room costs, all past and future medical bills, rehabilitation and physical therapy expenses, lost wages during recovery, and loss of future income if the injuries affect the victim’s ability to work long-term. Property damage — vehicle repair or replacement in an auto accident, for example — is also an economic damage. Economic damages are grounded in documentation: bills, records, and expert analysis of future costs.

What are non-economic damages?

Non-economic damages compensate for the personal, subjective consequences of a serious injury that do not carry a price tag but are nonetheless real and legally recognized. Physical pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement are all non-economic damages. A person who loses a limb suffers not only the financial costs of medical treatment and lost income, but also the ongoing physical pain and psychological impact of permanent disability. A child who suffers permanent facial scarring from a dog attack carries that disfigurement — and the emotional consequences that accompany it — throughout their lifetime. Texas law allows injured victims to seek compensation for these human dimensions of their injuries in addition to the documentable financial losses.

How is lost income calculated?

Lost income calculations depend heavily on the nature and severity of the injuries and the victim’s employment circumstances. For a victim who is temporarily unable to work, the calculation reflects the actual wages lost during the recovery period. For a victim with permanent disabilities that prevent a return to prior employment, the calculation must project the income they would have earned over the remainder of their working life — a substantially larger figure that typically requires expert economic analysis. Vocational rehabilitation specialists can assess what work, if any, the injured person remains capable of performing, while economic experts calculate the present value of the full lifetime earnings gap. Each case is unique, and the accuracy of these calculations directly affects the adequacy of any settlement or verdict.

Legal Proceedings

What happens during a deposition?

A deposition is a formal proceeding in which an attorney for one party asks questions of a witness under oath, with the answers recorded by a court reporter. In a personal injury lawsuit, the defendant’s attorney will likely take your deposition — asking detailed questions about the accident, your injuries, your medical treatment, your employment history, and related topics. Your sworn answers can be used later at trial to compare against your courtroom testimony and to identify any inconsistencies. Having an attorney prepare you for your deposition and present with you during the proceeding is essential — deposition testimony is consequential evidence, and the questions are often designed to elicit answers that can be used against your claim. Never enter a deposition without legal representation.

If you have questions about a specific injury situation that is not addressed here, contact our personal injury attorneys today for a free consultation. We will evaluate your case and explain every legal option available to you.