If you were recently hurt because of another person’s negligent act, you can likely file a personal injury lawsuit in Tyler.
Personal injury claims often originate from a negligent act that harms a victim. For example, a driver might make an illegal turn, injuring another driver. Or, a store owner might fail to put out the proper signage indicating a spill, resulting in a customer slipping and falling. If you were injured because of negligence, document the incident. Take pictures of your injuries and go to the hospital. Then, file your lawsuit. You must do this within two years of the date of the accident in Tyler. Filing quickly is often necessary so that victims do not miss the deadline to sue. If your claim is successful, you can recover damages for costs associated with your injuries, both financial and emotional.
To discuss your case for free with our Tyler, TX personal injury lawyers, call The Queenan Law Firm, P.C. today at (817) 476-1797.
Why Victims File Personal Injury Lawsuits in Tyler, TX
Any time one person’s negligent or intentional wrongful act causes injury to another person, the victim can likely sue for compensation in Tyler. This pertains to many types of accidents, from auto accidents to slip and falls.
One of the main reasons for personal injury lawsuits in Tyler is auto accidents. Motor vehicle collisions, whether they involve passenger cars, bikes, motorcycles, trucks, or other vehicles, might cause a wide array of serious injuries, including traumatic brain injuries and spinal cord injuries, among others.
Other times, accidents are caused by negligent property maintenance or defective products. For example, if you went to a store and slipped because the floor was wet, you could sue the store owner for personal injury. Similarly, if you purchased and used a product that was defective, resulting in an accident, you could sue the manufacturer, distributor, or other entity along the chain of supply that might have acted negligently, damaging or ignoring obvious hazards attached to the product in question. Construction accidents, whether they harm workers or passersby, can also lead to personal injury lawsuits in Tyler.
Whether your injuries are severe or minor, you can pursue litigation if you were hurt because of negligence and experienced damages. Damages refer to any losses, financial or otherwise, that you have incurred due to an accident, like medical bills or lost wages.
Timeline of a Personal Injury Claim in Tyler, TX
Though personal injury claims can be brought for various reasons, they tend to follow a somewhat similar timeline. They start with the accident taking place and, if successful, end with the victim recovering compensation in Tyler.
Reporting of the Accident
Documenting accidents is always important, especially if victims require compensation for their damages. If the situation calls for involvement from law enforcement, dial 911. This may be necessary if you were injured in an auto accident or other serious incident. You can also document the accident by informing the negligent party of your damages. Report your injuries to medical professionals as well so that there is ample medical evidence of your injuries and their likely cause. Our attorneys can ensure you inform the necessary parties and entities of the accident in question so that there is sufficient documentation of the event. Immediately after an accident takes place is the best time to gather evidence. You can take pictures of your injuries as well as the entire accident scene. You can also talk to eyewitnesses to see if they saw the accident happen. Their statements might be useful to your claim.
Filing of the Claim
All personal injury claims must be brought by the deadline, which is two years from the date of injury in Texas, according to Tex. Civ. Prac. & Rem. Code § 16.003. Tolling of the statute of limitations for delayed discovery is only allowed in exceptional cases in Texas. When we file your complaint with the court, our personal injury lawyers will include information about your accident, the defendant, and your requested damages. If you do not submit your complaint by the deadline, it will likely be rejected by the court. After you file your lawsuit in Tyler, settlement negotiations or a trial might follow. During settlement negotiations with the defendant and their counsel, allow our attorneys to handle communications. We can evaluate settlement offers against our calculation of your damages to determine whether or not they are fair. If offers are insufficient, we might proceed with a trial.
Recovery of Damages
Texas does not impose monetary caps on injury victims seeking economic or non-economic damages. So, if we are successful in meeting the burden of proof for your claim and submitting proof of your damages, you can recover compensation for any and all losses stemming from your personal injuries. Economic damages are all the expenses and costs you have incurred because of the accident. This will include things like medical bills and lost wages on top of other out-of-pocket expenses. Non-economic damages are not limited either, enabling victims to recover substantial jury awards for pain and suffering. There are caps on damages for medical malpractice claims in Tyler.
According to Tex. Civ. Prac. & Rem. Code § 41.008(b), punitive damages cannot exceed twice the amount of economic damages plus up to $750,000 of the non-economic damages awarded to a victim or $200,000, whichever amount ends up being greater. Punitive damages are not compensatory damages and are designed to punish defendants for gross negligence, not to make victims whole again.
You will receive your compensation either through a lump sum payment or through structured payments. Your settlement type will likely depend on the defendant’s financial ability.
Call Our Tyler, TX Attorneys About Your Injury Claim Today
Call The Queenan Law Firm, P.C. at (817) 476-1797 to get help with your case from our personal injury lawyers.