When someone meets with an accident, and it is caused due to another person’s negligence, the victim must not have the burden of filing an injury claim.
What is an injury claim? To those who don’t know about it, an injury claim is an action taken by the victim in which the faulty party has to pay damages caused to the person and property. Filing an injury claim in Texas is not difficult; find an experienced lawyer to help you.
The common causes of personal injuries are due to dog bites, medical malpractice, vehicle accidents, nursing home abuse, slip and fall, workplace injuries to mention a few.
Here is a short guide for you to take the steps for filing an injury claim.
First, determine who’s at fault
Accidents occur for either two reasons: 1) negligence due to one party or 2) negligence by both parties.
Based on the situation, your case will differ. For example, if the accident occurred due to one party’s negligence, they have to pay compensation to the victim. And if the accident is due to the failure of both parties, they must follow other rules. Again, a lawyer will be the right person to help you understand the legal parameters.
How to determine who’s at fault?
The best way to prove the negligence of the other party is by gathering evidence. What you have to do is revisit the place of the accident, or you must have kept the image of the spot of the accident, talked to a cop then or any passing witness, and retain their contact, to reach out to them when required in future.
Talk to a personal injury attorney
When it comes to legal matters, talking with an expert is the right decision. There is lots of paperwork and documentation that must be done, and without proper understanding, you may make some errors, which can create trouble in the process. Moreover, the legal terminologies are different, and an experienced lawyer can help you.
Filing injury claim under Texas law
In the US, every state has specific laws, and they vary in certain aspects. So, based on your case and the state you belong to, the process of filing an injury claim will differ.
Types of compensation you can expect:
- All the medical bills related to the accident injuries (past, current, and future expenses)
- Repair of damaged property as a consequence
- Lost wages (temporarily/permanent)
- The cost of hiring help as the victim cannot perform his daily work needed for livelihood
- Emotional trauma
- Miscellaneous costs the victim incurred due to the accident
- Loss of companionship
- Loss of consortium
Form submission for filing an injury claim
Finally, you have to submit a claim within two years of the accident. If your claim is lesser than $10,000, you must fill the form in Texas constitutional county court or the justice court. Whereas if the claim is over $10,000, you have to file a lawsuit in the county courts law of Texas.
When you have an accident due to the negligence of another party, you have to hire a lawyer for filing an injury claim in Texas. Talk to an experienced attorney in your locality to help you overcome the legal dilemma.