Common Personal Injury Law Myths in Texas

Personal Injury is not a well-discussed type of law to the masses compared to Divorce or Family Law. Yes, the advertisements for car accident lawyers are always readily available, but many still have specific questions about the process. Many myths surround Personal Injury in Texas, and we are here to debunk those common myths!

texas personal injury law myths

Personal Injury Cases Take Too Long to Settle

Many people think personal injury cases take a very long to settle, and this often turns people away from pursuing a claim. The fact is that many cases are settled outside of the courtroom as cases that make it to court often take longer. The length of personal injury lawsuits varies from case to case due to the severity and how unique each case can be. If cases make it into the courtroom, it will only benefit the injured client more. However, holding out for a more significant settlement offer is not always the best strategy.

 

Holding Out Will Guarantee For a Bigger Settlement

As mentioned above, not all personal injury claims take a long time to settle. However, clients often will want to hold out for a larger proposed settlement. Holding out for a more significant compensation doesn’t always work for your benefit. There are specific scenarios where holding out makes sense.

For instance, if you are given a settlement option from an adjuster, you can challenge that amount even if they say that is the best they can do. Insurance adjusters are just trying to give you the lowest amount for your damages possible. You can ask for more money from the insurance company, but you have to build a strong case filled with facts. This is where having a Texas personal injury lawyer would be the most beneficial.

 

If You Have Insurance, You Do Not Need a Personal Injury Attorney

The insurance company is always trying to give you the lowest amount of money possible for your damages. They do not have your best interests in mind when assessing the details of your accident. Insurance companies may try to question your claim, like the severity of your injuries and your sustained damages. You have to be careful what you say to your insurance company. They can frame those details against you to limit your amount of financial compensation. A Texas personal injury lawyer would be able to assist you in building a case for your accident that will provide you with better payment.

 

You Can File a Personal Injury Claim Whenever You Want

In Texas, the statute of limitations for personal injury claims is set at two years. This might seem like a long time to file a claim, but there are pieces of evidence that you need to have for that claim. When filing for a claim, you must prove you have injuries directly related to the personal injury accident. Seeking medical attention after the accident to have your injuries assessed is essential to provide documentation of injuries and treatments. Even if you think your injuries are minor, you should still seek medical attention, as minor injuries can lead to major ones if left untreated.

Also, during this period, you only have one opportunity to receive compensation. For example, if you accept any payment from the insurance company, no matter the amount, that counts as receiving a settlement. You cannot reopen a claim once compensation has been accepted.

 

You Always Receive Compensation For Your Damages

Unfortunately, you are not always guaranteed compensation for your damages if you are a victim of a personal injury accident. If you are involved in a car accident, Texas uses modified comparative negligence to determine fault for damages. If your case gets taken to court, compensation can depend on the judge and the details of the claim. For example, comparative negligence looks at the percentage of fault for all parties involved in a car accident.

If you believe the other driver to be at-fault for the accident, but the judge finds that you are 30% at fault for the accident, the percentage of fault will reduce your compensation. On the other hand, if you are found to be 51% or higher at fault for the Texas car accident, you will be deemed negligent.

 

I Cannot Afford a Texas Personal Injury Lawyer

Luckily, for many victims of personal injury accidents, personal injury lawyers work on a contingency fee basis. Contingency means that a personal injury lawyer doesn’t get paid unless they win their client a settlement. If a settlement is won, they are paid through the settlement money and not out of their client’s pocket. If a settlement is never reached, the client never has to pay for the service provided. Many personal injury victims fear that they cannot afford to have a personal injury lawyer help them with their case. Contingency fees in Texas range from 25% to 40%. Our Texas personal injury lawyers offer free consultations to evaluate your case and help you receive the money you deserve. When you need to file a lawsuit for your personal injury accident, have a Steinger, Greene & Feiner lawyer on your case!

About the Author

Michael Feiner
Michael Feiner

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Michael A. Feiner is a partner in the Fort Lauderdale office of Steinger, Greene & Feiner. Since being admitted to the Florida Bar in 2001, Michael has devoted his practice to representing plaintiffs throughout Florida in various tort and strict liability cases and has successfully litigated cases against national insurance companies, large public companies, and governmental agencies, resulting in tens of millions of dollars for his clients. He has handled all types of personal injury and wrongful death cases on behalf of plaintiffs, including automobile negligence, premises liability, medical malpractice, product liability, dog bites, and sexual harassment. Michael’s product liability case against Microsoft, as well as his representation of victims of sexual harassment and abuse by physicians, has garnered him important media attention at both the local and national levels. Michael is an experienced trial lawyer and successfully argued an appeal to the Fourth District Court of Appeal. In the reported decision Ortlieb v. Butts, 849 So.2d 1165 (Fla. 4th DCA 2003), Michael persuaded the Fourth District Court of Appeal that a directed verdict on liability was appropriate where the defendant did not rebut the presumption of negligence of a rear driver in a rear-end collision.