What should I do if I am involved in an auto accident?
Unlike most states in the U.S, Texas does not require its employers to carry worker’s compensation insurance. So, what does this mean for you or the person you know who has been harmed in an accident? They may be required to take further legal action and our featured Texas accident lawyers know exactly how to go about doing so.
What Are Some Important Facts Regarding a Work-Related Injury?
When an employer elects to carry worker’s compensation insurance, there are limits on the amounts that are set for compensation to be paid out. For instance, if you slip and fall on a construction site, there is only going to be so much you can receive as stated in the policy and the law. But any injury or illness that was sustained regardless of fault in the course and scope of employment should be included under your employer’s worker’s compensation insurance.
Now, if your employer elects to go “bare” and not carry anything, you have the right to file a personal injury lawsuit against them if the accident you were involved in somehow was caused by negligence. This negligence must have been on the part of your employer for you to successfully file a lawsuit and receive the funds you require for your medical treatments, time away from work, etc.
According to the Texas Workforce Commission where all these laws are laid out, any injuries sustained for any of the following reasons are not going to be covered if:
- They were the result of the employee’s horseplay
- Willful criminal acts or self-injury
- Intoxication from drugs or alcohol
- Voluntary participation in an off-duty recreational activity
- A third party’s criminal act if directed against the employee for a personal reason unrelated to the work
- Acts of God
Are You Looking to File a Claim or Lawsuit for a Work Accident?
Need a Texas Accident Lawyer to Help Get Your Case Started?
Whether your employer has insurance or not, filing a worker’s compensation claim can be rather difficult and take a significant amount of time to do. If you want to begin receiving the compensation you deserve sooner than later, give us a call or submit a contact information form right here through our site and one of our agents will get back to you. They will be able to assist you in finding and retaining a lawyer who specializes in work-related accidents in the state of Texas who is willing and able to help you.
Texas accident lawyers are instrumental in the recovery of personal injury damages.
Texas accident attorneys fight for accident victims’ rights to compensation for injuries and property damage loss under the State laws that provide for payment when an injured party was not at fault, referred to as “damages.” Personal injury attorneys understand insurance companies desires to close out claims quickly as they approach victims with low settlement offers, so it is important to contact legal counsel shortly after an accident.
Various accident-related field experts will assist legal counsel in case strengthening by:
- sending investigators to the accident scene,
- reviewing police reports, witness testimony and medical reports,
- hiring appropriate financial experts to make valuations of loss,
- assessing initial cause of the accident, and
- drafting and filing complicated insurance and legal documents.
Because of an accident’s unplanned nature and its occurrence in every type of venue, victims can become overwhelmed with the tasks to be undertaken afterward.
Time limitations and government entities.
Texas statute of limitations for personal injury and wrongful death actions is two years from the time the injury, or death occurred. There is also a 180 day period to file a notice against a government entity regarding tort claims. There is a maximum amount that accident victims may recover depending on what type of government unit is being sued. The state and municipalities allow up to $250,000 per person and $500,000 per incident. All other levels of government allow for $100,000 per person and $300,000 per incident.
Damages.
Compensatory damages are an award of money in compensation for actual economic losses, injury, and property damage, not including punitive damages. A Texas accident lawyer can explain valuation determinations for auto insurance claims, and other accidents requiring damage compensation. Economic losses include lost wages, medical bills, medical care, and treatment, plus household expenses; and non-economic loss includes pain and suffering, loss of consortium, or companionship.
Exemplary (punitive) damages are meant to punish the individual who caused harm, or injury and loss to the victim, and are contingent upon proving that a defendant deliberately, with reckless disregard, acted in a manner to cause harm to another person, such as driving while impaired.
Damage capitations.
Texas law limits punitive damages to two times the amount of actual damages up to $750,000 in total damages, or $200,000. A unanimous jury must find that the defendant acted maliciously, or showed indifference to the safety of other people. Punitive damages must be sought in a separate case, after compensatory damages have been awarded.
Motor vehicle.
Texas is a “fault state” which means that the party found to be responsible for the accident will have to compensate the other party involved in the accident. Texas utilizes the 51% rule, whereby an injured person can be up to 50% responsible for an accident and still collect damages, but if an individual is 51% responsible for the accident, there will be no recoverable compensation. When claim fault cannot be resolved between insured parties, a court action will enable a judge, or jury to decide the percentages of fault assigned to drivers that will determine financial responsibility for each. Accident attorneys can help with fault disputes over insurance requirements. Drivers are required to file accident reports with Texas Department of Motor Vehicles within 10 days of an accident when the accident resulted in fatality, injury, or property damage of $1,000 or more.
Personal injury.
If a person is hurt because of the action, or inaction of another individual, they may be able to recover compensation when fault and/or liability is proven for the resultant harm. When personal injury is caused by another’s actions in Texas, the statute of limitations gives an individual two years to file a lawsuit from the date the injury occurred, was discovered, or should have been discovered through reasonable care. A personal injury attorney can apprise individuals of any deviations from that timeline and advise accident victims on plausible damage recovery.
Premises liability.
When an individual is hurt on another person’s property, the victim may take legal action if the injury was caused by poor property conditions, including improper maintenance, upkeep, or unforeseen interactions with occupants on the premises. An invitee may be owed a duty of care, but a trespasser may not be owed that same duty. Homeowners’ insurance may cover these types of injuries in many cases when a proper claim is filed.
Medical malpractice.
Texas medical malpractice actions occur when a person is injured while under the care of a licensed health care professional. Legal action must be filed within the two year statute for injury, but always check with a medical malpractice attorney to ascertain if there are deviations from that timeline. Punitive damages are capped at either two times the amount of compensatory damages plus the non-economic damages found by a jury not to exceed $750,000, or $200,000, whichever is greater.
Workers’ compensation.
When a person becomes injured on the job, or contracts an illness that is job-related, they should hire the services of an experienced workers’ compensation attorney, who can assist with a claim for monetary damages. Injuries may be caused by an accident, or event that results in a physical injury, a medical condition caused by repetitious use of a body part, or conditions associated with the workplace environment itself. A lawyer can deal with the Texas Workers’ Compensation Claims Division on a client’s behalf.
Wrongful death.
In Texas, family members, or legal representatives must file a wrongful death legal action within two years from the date of the incident that caused an untimely death. A Texas wrongful death attorney can assist with damage valuations and timelines relevant to a case. Compensation may cover:
- Medical bills and treatment,
- Funeral and burial expenses,
- Lost wages relevant to life expectancy compensation,
- Compensation for pain and suffering,
- Punitive damages based on individual case.
Accident victims should take steps to minimize additional stress by hiring competent legal counsel who can objectively speak on their behalf in a courtroom, and work toward damage recovery.
