When you’ve suffered an injury as a result of someone else’s negligence, you can gain compensation for your losses, such as medical bills and your inability to work. Although this can’t make your injuries go away, it can help you to feel more optimistic about the future because you’ll be able to take care of yourself and your loved ones financially. To receive a high level of compensation, you should get in touch with a lawyer for personal injury in Houston, TX.
But when is the best time to contact them? Unfortunately, there is a Statute of Limitations in Texas, which means that you can only file your lawsuit in the 24 months after the incident. For this reason and because the process can take several months or years, you should get started as soon as possible. Let’s have a look at when to call your lawyer, what to consider, and who might be eligible for compensation.
When to Call Your Lawyer for Personal Injury
After being in an accident, you should get in touch with your lawyer as soon as you are sufficiently recovered. Although some people advise waiting until you know what your Maximum Medical Improvement is, this can be tricky, particularly if your treatment takes many months. If you were injured severely, you might not recover within the first year or two after the incident.
Because there is a Statute of Limitations in Texas and most cases won’t be accepted if the injuries happened more than two years ago, you should file your lawsuit soon. What’s more, the process will take several months or even years if you have to take the other party to court, so you should get started in the first few months to avoid having to wait for compensation even longer.
Within the Houston, TX Statute of Limitations
In Texas, there is a Statute of Limitations that dictates how long you can file a personal injury lawsuit. In almost every case, you have two years from the date of the incident, which is why contacting your lawyer as soon as possible is crucial. If you attempt to file after this deadline is over, the state’s civil court system is likely to deny you, and you will have lost all right to compensation for the injuries you suffered.
You should always speak to a qualified professional if the deadline is getting closer because it could be extended for certain reasons. Similarly, you’ll have to work with a lawyer if your case involves a government agency or employee, as the rules are different. You cannot file a lawsuit against the government, but you can file a formal complaint instead, and this needs to be completed within six months of the incident.
When You Have Sufficiently Recovered
It’s always a good idea to get your lawsuit started, even if you’re still suffering as a result of your injuries. However, you won’t be ready to deal with the pressure of a lawsuit if you’re still at the hospital or in severe pain. Take a few weeks or months to get better, so you can then concentrate on your case and working with your lawyer.
Before you get in touch with your attorney and have your initial consultation, you can already get started on your own. Gather all relevant information such as medical bills, photo and video evidence of the accident or your injuries, and written records of how you feel and how the accident has impacted your life. All of this can be crucial later on, when you have to prove that you have suffered significantly because of the other party’s actions.
The Duration of Your Case
Once you’ve contacted your lawyer for personal injury in Houston, TX, they will let you know whether they can take your case and how long they expect it to last. If they decide to work with you, you’ll start compiling more evidence and lay it out in a way that demonstrates your need for compensation to the judge. Sometimes, the other party is happy to settle outside of court, which speeds up the process considerably because you don’t have to wait for a court date.
However, some people don’t recognize that they are at fault, or they don’t offer an adequate settlement. In such a case, your lawyer might advise you to take the other party to court so that a judge can make a fair decision. Depending on how busy the court is at the time, you might have to wait for several months to get an appointment and to receive your compensation. For this reason, filing early is important.
When Can You Gain Compensation?
Not everyone who’s suffered an injury can claim compensation, and you might wonder whether you’re a good candidate for such a lawsuit. In general, there are two criteria that have to be met before you’re eligible. Firstly, another person or organization has to be at fault. In most cases, they simply acted in a negligent way that caused you harm, or they put their own interests ahead of yours.
Secondly, you need to prove that you were injured significantly and that you are suffering from the consequences of the incident. You can do this by presenting medical bills and other expenses, proving that you can no longer work or that you had to take time off, and making use of expert testimony. There are many different types of personal injury, but some of the most common are road accidents, faulty products, and premises liability accidents.
Road Accidents
Traffic accidents happen frequently, and millions of Americans are affected each year. Sometimes, they could be prevented if drivers paid more attention, avoided driving when tired, or stopped driving once they had consumed alcohol. If you were injured because someone was doing something illegal, such as driving under the influence or not paying attention to traffic signs, you will be able to gain compensation for your losses.
Faulty Products
Every product that is sold publicly has to be tested to make sure that it doesn’t cause harm. However, these tests aren’t always rigorous enough, and occasionally, people get hurt because of a faulty or dangerous product. In the past, such cases have included exploding e-cigarettes and defective drugs. It’s important that these issues get pursued because by speaking up, you could prevent the same from happening to someone else who uses the product.
Premises Liability
Whenever a business opens their premises to the public, they have to make sure that it is safe and nobody will get injured. Slippery floors, dangerous steps, and other structures that could cause damage need to be marked clearly to prevent injuries. If you were hurt while on someone else’s premises and you believe that their negligence caused the incident, you can file a personal injury lawsuit.
After an incident, your lawyer for personal injury should be contacted as soon as you are sufficiently recovered, so you can file your lawsuit and gain compensation without delay. Make sure you speak to a professional well before the two-year deadline imposed by the Statute of Limitations. Call us at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner in Houston, TX to book your initial consultation with one of our top lawyers.