FAQ: Is Texas a Comparative Negligence State?
Is Texas a Comparative Negligence State? In personal injury cases, recovering compensation typically involves proving that the other party was negligent and that their negligence directly led to the accident (causation). Negligence refers to a failure to exercise the duty of care to prevent harm to others. If proven, the negligent party is at fault
Read MoreFAQ: Is there a statute of limitations on a wrongful death suit?
You must file a suit for wrongful death no later than two years after the death of the injured person. There are some more complicated exceptions to this rule, such as if you only reasonably discovered the negligence after the death, you may be able to begin the two year statute on the discovery of
Read MoreDoes Texas Have A Statute Of Limitations For Personal Injury Cases?
Written by Funk & Associates Personal Injury Lawyers, reviewed by Yanni Funk The Texas Statute of Limitations … … sets the maximum period after a car accident during which legal action can be initiated. In Texas, the personal injury statute of limitations is two years. This means you have a window of up to two
Read MoreFAQ: Special Damages
What are “special damages” in a personal injury case? Special Damages are one of two forms of compensatory damages in Texas personal injury cases. Special Damages compensate for out-of-pocket losses such as: Past and future medical expenses Loss of income, but current and future Repair or replacement of property Costs the plaintiff incurred attempting to
Read MoreFAQ: Who decides where my car is repaired?
It is your decision where your vehicle is repaired. The estimate from the repair shop may be different than the estimate from the insurance company. This may be a result of the repair shop finding additional damage once they remove body panels. We like to let the insurance company work that out with the body
Read MoreAustin, TX Personal Injury FAQs
If you’ve been injured due to someone else’s negligence or harmful act, you may have questions about personal injury claims. We already published our common personal injury terms, but in this article, we’ll cover the most frequently asked questions related to personal injury in Austin for 2023. Jump ahead to the section you want to read:
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FAQ: What If A Loved One Or Friend Is Responsible For An Injury On Their Property?
If you or someone in your family was injured on a family member’s property … This is a tricky and sticky situation for sure. If you are injured on a loved one or family member’s property, don’t fret, you do not necessarily have to sue them immediately to recover for your injuries. As long as
Read MoreFAQ: What if the vehicle that caused my accident was an Uber or a Lyft?
Most Uber and Lyft drivers are using their own vehicles, and should carry their own auto insurance for their vehicles. If the Uber or Lyft app is not on at the time of the accident (e.g. the driver was driving for their own purposes), a claim can only be filed against the driver’s personal insurance.
Read MoreFAQ: Do I have to take my car to a repair shop the other driver’s insurance company approves?
Absolutely not, although many people believe this myth. You can have your car repaired at whatever repair shop you know and trust. When you arrive there, provide them with the claim number, the name of the adjuster, and the adjuster’s phone number. They should take care of the rest.
Read MoreFAQ: Should I see a doctor after an accident, even if I do not feel hurt?
Yes! Some injuries do not show symptoms immediately. It is critical to be evaluated by a doctor to diagnose all injuries and to start receiving appropriate medical care. The doctor will also create medical records that can be important evidence at a later date.
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