4 Common Myths About Personal Injury Claims in Texas—What’s True and What’s Not

Understanding the legal world of personal injury claims can feel overwhelming, especially in the face of generalizations that are often misguided. In Texas, personal injury law is designed to help victims recover damages from negligent parties, but there are several myths that may discourage or mislead you from seeking justice. 

To ensure you approach your case with accurate knowledge, Fadduol, Cluff, Hardy & Conaway P.C. seeks to debunk some of the most common misconceptions about personal injury claims. With the support of a lawyer for personal injury claims in Texas, you can make sound decisions about your case. 

What Are the Myths To Be Aware of Regarding Personal Injury Claims in Texas?

Here are the widespread misunderstandings about personal injury claims in Texas as well as the truth about them.

You Can File a Claim Anytime

Many claimants believe that so long as you have a valid personal injury case, there’s no time limit for launching a personal injury claim.  

However, Texas has a statute of limitations that requires your personal injury claim to be launched within two years from the date of the injury. Waiting too long may weaken your legal grounds for seeking compensation. It is recommended that you act promptly to ensure your evidence remains fresh and your claim remains valid.  

I Was Partially at Fault, So I Can’t File a Claim

It is not uncommon for people to believe that if they share some responsibility for the accident, they cannot recover damages. While this has an impact on the final settlement amount, it does not bar you from seeking compensation.

Texas follows a system of proportionate responsibility. This means you can still recover damages if your responsibility for the accident is less than 51%. However, your compensation will adjust based on your level of fault contribution. Determining fault often involves negotiations between lawyers and insurance adjusters, so having an attorney to advocate for your interests is key.  

There’s No Limit to What a Claimant Can Receive

Some personal injury claimants believe that there’s no limit on how much they can receive as recovery. Some even believe that they can become wealthy through personal injury settlements, especially for catastrophic injuries. 

The truth is that personal injury law is designed to compensate victims for their losses, not to provide a financial windfall. Therefore, the available damages should restore victims to their pre-accident condition, both physically and financially. Also, the Texas Civil Practice and Remedies Code  imposes caps on non-economic damages.

Your personal injury attorney will evaluate the unique facts of your case and make sense of the value of your claim from the get-go.

You Don’t Need a Lawyer If You Have Insurance 

Claimants in personal injury cases often believe that insurance companies will handle their claims fairly, so hiring a lawyer is unnecessary.  

However, insurance companies are businesses with the sole purpose of maximizing their bottom lines. They will not shy away from minimizing payouts, even if it means offering you less than you deserve. 

Luckily, a lawyer for car accident victims in Texas can help ensure you receive a fair outcome. Key factors an attorney will address when evaluating the value of your case:  

• The magnitude of your injuries.  
• The type of medical treatment required for your recovery.  
• The time you are unable to work due to the accident.  
• Any disfigurement, disability, or lasting impact on your quality of life.  
• The emotional and psychological effects of the accident.  
• The evidence supporting your claim.

Make sure to document all aspects of how the injury has affected your life so your attorney can seek fair recovery.

Let an Attorney for Personal Injury Cases Help With Your Claim

Understanding the realities of personal injury claims can greatly bolster your personal injury claim. These misconceptions can bar you from seeking justice, but with timely legal support, you can overcome these challenges.  

At Fadduol, Cluff, Hardy & Conaway, P.C., we have helped many clients secure fair compensation after devastating accidents. If you or a family member have been injured in an avoidable accident, don’t let myths about the claims hold you back. Call us today at 800-433-2408 to request a free consultation.