An unexpected injury can quickly leave individuals facing mounting medical bills, missed work and immense stress.
Many people associate personal injury law strictly with car wrecks, but these claims can arise from any scenario where a business or individual neglects basic safety measures. When an accident is caused by another party's negligence, Texas law allows injured individuals to seek accountability.
Understanding the basics of the claims process can help you make informed decisions and protect your rights. According to attorney Jeremy McKey at Law Offices of Jeremy W. McKey, taking the right steps early is critical to a successful recovery.
What compensation is available after an injury?
Compensation can vary wildly depending on the specific limitations of the injury, but standard recoveries include:
- Medical expenses: covers past medical bills and anticipated future treatments, such as an eventual surgery for a herniated disc
- Pain and suffering: compensation for physical and emotional distress
- Physical impairment: addresses specific limitations on activities a person can no longer enjoy, such as gardening or exercising
- Lost wages and reduced earning capacity: replaces income lost from missed work or a total change in employment capabilities
- Household services: compensates for the cost of hiring individuals for tasks the person can no longer complete, like mowing the lawn, cooking or cleaning
- Loss of consortium: reserved for severe injury cases to address the loss of companionship and fellowship with a spouse
What types of personal injury cases are most common?
Motor vehicle accidents remain the most frequent personal injury claims, but they are far from the only ones.
Slip-and-fall or trip-and-fall incidents are common in high-traffic areas like grocery stores, department stores and gas stations.
Workplace injuries also qualify. In one recent case, a contracted truck driver was injured at a Fortune 400 facility when equipment malfunctioned, causing flour to pour over him and knock him off the top of a tanker. The driver suffered a torn Achilles tendon and back injuries requiring surgery. The case ultimately went to trial, where a jury found in favor of the injured worker.
How long do you have to file a claim?
In Texas, personal injury lawsuits can be filed up to two years from the date of the injury. However, if the accident involves a governmental unit, such as a school district bus, a police vehicle or a city maintenance worker, the timeline is shorter.
"There are strict time frames to turn in a claim, and that is called notice of a claim," McKey said. "If you are a victim that does not provide written notice of a claim to governmental units, it doesn't matter if you ultimately file a lawsuit within [two] years; your claim is barred."
While the state fallback is six months, many local Texas municipalities require formal written notice in as little as 90 days.
What should you do next if you’ve been wrongfully injured?
If you or a family member has been injured due to the negligence of another person or company, taking immediate action is vital.
The moments following an injury significantly impact your health and your potential claim. After securing emergency medical attention, your next step should be contacting an experienced personal injury attorney to preserve evidence.
A major part of building a strong case involves gathering proper documentation. Alongside medical records and bills, keeping track of bank and credit card statements is essential. Bank statements and paycheck stubs can clearly demonstrate a loss of earnings by comparing your income before and after the accident. Furthermore, keeping credit card statements for ancillary costs, like over-the-counter medications, lidocaine patches or therapeutic services, ensures that your out-of-pocket recovery expenses are accounted for.
If you are unsure whether your situation warrants legal action, Law Offices of Jeremy W. McKey offers free consultations to provide clarity. These initial conversations typically happen within one to two days of calling, lasting anywhere from 20 minutes to one hour. McKey and his team will review your situation and tell you whether you need to hire a firm or if it's a matter you can handle on your own.
Click here to learn more about Law Offices of Jeremy W. McKey, or to contact the team today.
The above story was produced by Senior Multi-Platform Journalist Sydney Heller with Community Impact's Storytelling team with information solely provided by the local business as part of their "sponsored content" purchase through our advertising team.
