Texas Personal Injury Fact #1: Car and Truck Accidents Lead the Pack
Car, truck, SUV, and 18-wheeler accidents make up most Texas personal injury claims. That shouldn’t come a surprise: According to the Texas Department of Transportation, there were over 553,000 vehicular accidents in the state in 2022, with more than one reportable crash happening every minute. 4,481 people died and 244,092 people suffered injuries as result. 18,880 of those injuries were serious.
Automobile accidents are far from the only type of personal injury case in Texas, though. Other common claims include:
- Slip and fall accidents
- Workplace accidents
- Construction accidents
- Hair straightener injuries
- Medical device injuries
- Automotive defects
- Oilfield injuries
- And more
Texas Personal Injury Fact #2: There Is a Time Limit for Filing Your Claim
In most cases, Texans have two years to file legal actions in connection with accidents and other types of personal injury claims. The laws governing these time limits are known as statutes of limitations.
Texas’s statutes of limitations can be complicated. Here are a few exceptions to the general two-year rule:
- Product Liability Cases
Texas victims have 15 years from the date of sale to file claims against the manufacturers of faulty products
- Construction Accidents
Texas victims have 10 years to file claims if injured by a defective structure
- Sexual Assaults
The victims of many sexual assaults in Texas have five years to file civil claims against perpetrators, and 15 for those involving children
If you believe you or a loved one have a personal injury claim, it’s important to consult with an experienced personal injury lawyer as soon as possible. He or she will determine which statute of limitations applies.
Texas Personal Injury Fact #3: Your Insurance Company Doesn’t Work for You
Most Texas accident victims think their insurance company is on their side, working hard to compensate them for injuries. But the opposite is true.
Insurance adjusters are trained to shortchange policyholders, and the companies they work for are focused on one thing alone: profit. Paying out claims hurts that profit, so they don’t do it unless they’re pushed in the right way.
That’s why you should never try to negotiate with your insurance company on your own. Instead, work with a Texas personal injury lawyer who is experienced with your type of claim and who has won significant verdicts and settlements. He or she will evaluate your injury, your insurance policy, and any applicable state or federal laws.
Texas Personal Injury Fact #4: Most Cases Settle Out of Court
The vast majority of Texas personal injury cases—perhaps as many as 95%—are settled outside the courtroom. Settling out of court is a way for all the parties to end the dispute before the uncertainty of a trial.
Unfortunately, that means the vast majority of Texas personal injury lawyers don’t have much trial experience. Many of them settle cases for pennies on the dollar or outsource your case to other firms when the time for trial arrives.
If you believe you or a loved one have a personal injury claim, work with a Texas personal injury lawyer with a significant trial track record. Even if most cases settle out of court, plaintiffs must be prepared to go to trial and to win.
Texas Personal Injury Fact #5: Multiple Parties Can Be Held Liable for Damages
Under the state’s modified comparative negligence (or “shared fault”) rule, more than one company or individual can be found to be responsible for an accident or injury, with each party bearing a percentage of the blame. Each party may be held liable for a portion of the plaintiff’s financial damages, with an assessment proportionate to its share of the overall responsibility.
Texas courts may also determine that the plaintiff is partially responsible for his or her injury, theoretically reducing the amount he or she can recover from defendants. It’s not uncommon for plaintiffs to be found partially liable for car accidents, even though one or more other drivers bear most of the responsibility.
In Texas, a plaintiff may recover damages from an accident only if he or she is found to be 50% or less at fault.
Texas Personal Injury Law #6: A Court Can Help You Recover Losses in Three Ways
In Texas personal injury lawsuits, plaintiffs are typically compensated in one or more of the following ways:
- Economic Damages
Economic damages are injuries and other losses that have clear financial value, like a wrecked car
- Non-Economic Damages
Non-economic damages are injuries and losses that do not have clear financial value, like the pain and suffering a victim endures after an accident
- Punitive Damages
A court can award a plaintiff punitive damages to punish particularly reckless or malicious conduct by the defendant, as a way of deterring similar behavior in the future
Let the Roach Law Firm Recover What You Deserve
The Roach Law Firm’s experienced personal injury lawyers have won verdicts and reached settlements totaling billions of dollars over the years, for clients just like you. They have participated in the following landmark cases:
- $730 Million Truck Accident Verdict
In 2021, Roach Law Firm Partner Nelson J. Roach won $730 million in a case arising from a Texas truck accident, the fourth-largest jury verdict in the United States and third-largest in Texas that year. The case was filed by the family of East Texas resident Toni Combest, a 73-year-old great-grandmother who was killed in a collision with an oversize-cargo truck hauling a propeller for a U.S. Navy nuclear submarine.
- $1.1 Million Walmart Slip and Fall Verdict
In 2021, Nelson J. Roach won $1.1 million in a slip and fall case against retail giant Walmart, one of the largest verdicts in a personal injury case in Texarkana history.
- The State of Texas Tobacco Litigation
In 1995, Roach Law Firm Partner Nelson J. Roach and his former law firm were among a group selected by the State of Texas to prosecute the state’s claims against the tobacco industry. Roach and his team members won $17 billion for the state, setting a record for the largest settlement of a single legal case in U.S. history.
We will help you gather evidence, negotiate with insurance companies, and win the compensation you deserve. Contact us for a free consultation today.