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Personal Injury FAQs

People who have suffered an injury at the hands of another often have a lot of questions about what to do. Personal injury law spans a wide array of legal actions, and can be complicated. Below are a few frequently asked questions injured parties often have about personal injuries.

What Should I Do If I Have Been Injured?

If you have suffered an injury, the most important thing you need to do is focus on getting the medical attention that you need. Keep all of the records you get from your medical treatments (or be sure to ask for records), and keep track of all of your medical expenses. These documents will be useful when you need to prove damages in settlement negotiations or at trial.

How Long After I Suffer My Injuries Do I Have To Seek Recovery?

The statute of limitations in Texas for a personal injury claim is two years from the date of the injuries. However, for defamation cases, the statute of limitations in Texas is one year.

Will My Personal Injury Case Go To Trial?

The chances of your personal injury case going to trial are actually quite low. Most injury cases are settled outside of the courts in pre-trial settlement negotiations. You, with help of your personal injury lawyer, will determine how much you believe your injury claim is worth, and you will present this as your claim amount to the liable party. The liable party will consider your offer, and will most likely make a counter offer for less money. This process will go back and forth until the parties reach an agreement, or ultimately decide that no agreement can be reached. If no settlement can be reached, then it will be time to bring your personal injury case before the court.

Do I Really Need A Lawyer?

Some personal injury cases are complicated, involve serious injuries, or multiple liable parties. In these types of personal injury cases, it often makes sense to have an experienced personal injury attorney by your side guiding you through to the resolution of your case.

Other personal injury cases are simple, with minor injuries and only easy to calculate damages. In these cases, if you feel like you have the time, energy and the aptitude, you could represent yourself in your settlement negotiations. But remember, if at any point you feel overwhelmed or like you are in over your head, a personal injury attorney will be able to help you.

What Are The Differences Between The Types of Damages?

In personal injury cases, there are a number of different types of damages that can be recovered by an injured party. Below is a list of the different types, and a brief description of each.

  • Compensatory damages. Compensatory damages are meant to compensate the injured party for the harm they have endured and the expenses that they have incurred. Compensatory damage take two forms:
    • Economic damages. Economic damages, sometimes also referred to as special damages, are easy to place a monetary value on, and generally take the form of reimbursement. These type of damages generally include past and future medical expenses, compensation for property damage, etc.
    • Noneconomic damages. Noneconomic damage, also sometimes referred to as general damages, are damages for suffering that is hard to place a monetary value on, such as mental anguish or pain and suffering.
  • Punitive damages. In some cases, the court wants to make a statement about how the liable party’s conduct is not to be tolerated. In these cases, the court may award the victim punitive damages, which means that the liable party must pay extra damages as a form of punishment.

Why Is It Important To Know About The Different Types of Damages?

In personal injury cases, the injuries suffered can be many and the type of harm suffered can be vast. Knowing that your personal injury claim might include damages for noneconomic damages could mean that your claim is worth more than you originally thought.

Personal Injury Statute of Limitations

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