325-241-2868Abilene Personal Injury Attorneys
Representing Your Rights After An Accident
Accidents are a fact of life. From minor motor vehicle collisions to slipping and falling on a wet floor, everyone’s been involved in some accidents in their lifetime. In 2022, over 110,000 Texans were injured in car crashes, and in 2023, there were 1.8 workplace injuries for every 100 full-time workers. Meanwhile, Texas ranks second in the nation for medical malpractice claims, while nationwide, one million people are admitted to hospital ERs every year due to slip and fall accidents.
Thankfully, most of the time, these accidents aren’t serious. However, sometimes, they can result in serious injuries that have life-altering consequences. This can include costly medical expenses, lost wages, legal fees, severe physical pain, and more. If you or a loved one has been involved in a serious accident, you must contact an experienced personal injury attorney.
No one should be held economically responsible for injuries that aren’t their fault. If you were injured in a car or truck accident, on-the-job accident, medical setting, or under any other circumstances beyond your control, don’t hesitate to contact us at 325-241-2868. We pride ourselves on providing strong legal representation and helping every one of our clients collect on their personal injury claims.
What are Serious Injuries in Abilene, TX?
Personal injury cases can take many forms. This is because there are multiple circumstances under which someone may experience a personal injury. Different parties may be responsible depending on the location and type of injury. Individuals may experience severe or permanent injury due to car accidents, truck accidents, medical malpractice, workplace injury, someone else’s negligence, or more. Some examples of serious injuries for which someone might seek compensation include, but are not necessarily limited to:
- Partial or Full Paralysis
- Loss of Limbs
- Loss of Vision
- Traumatic Brain Injury
- Severe Organ Damage
- Wrongful Death
Personal injury claims can vary depending on the circumstances of the case, including who you sue and for how much. An experienced personal injury attorney will be able to review your own unique case and determine who may be held financially liable and what amount they may be liable for.
Is There a Statute of Limitations on Personal Injury Cases in Texas?
Yes. This is why, if you or a loved one has been injured, it’s essential to act quickly and consult a personal injury trial law firm. Texas has a statute of limitations in place on filing personal injury lawsuits. This statute of limitations is two years. This means you must file a lawsuit within two years of the date of your injury. Failure to file before this window closes could prevent you from being able to collect compensation for your injuries.
There are some exceptions to the statute of limitations. One of these is the discovery rule. The discovery rule allows the statute of limitations to begin once an injury has been discovered, not necessarily from the date it actually occurred. For example, if an individual suffered a traumatic brain injury in a car accident, but symptoms did not begin to manifest until months or years later, they may still be able to sue.
Another exception is personal injury lawsuits involving individuals who were minors at the time of their injury. In some cases, people whose parents did not file lawsuits on their behalf may be able to file a lawsuit after becoming adults.
A further exception is injuries that result in the person becoming incapacitated. If someone was so severely injured that they were unable to file a lawsuit, then they may still be able to pursue legal action after regaining their faculties. For example, if someone entered a coma due to an injury but later recovered, they may still be able to pursue legal action.
These are only a few potential exceptions to the statute of limitations. Every case is unique and varies depending on the circumstances. This is why if you have been injured, you should consult an experienced personal injury lawyer in Abilene, TX, to determine if you are within the statute of limitations and, if not, if there may be an exception to your case.
Who Can I Sue for Personal Injuries in Texas?
Who you sue will depend on the specific circumstances of your case. For example, whether you sue another individual, an insurance company, a business, or even a city or government entity will vary based on various factors. For example, if you were injured on the job, you may not be able to file a lawsuit directly against your employer due to workers’ compensation laws. Instead, you would likely file a suit against their workers’ comp insurance company.
Depending on the circumstances of a workplace injury, you may be able to sue any third parties involved, such as subcontractors for your employer. Another exception is if you can demonstrate that your employer intentionally caused your injury or that their gross negligence directly resulted in it. Under these circumstances, you may be able to sue your employer.
Circumstances change if you were injured at a business as a customer. Because you were not an employee of the company, you could sue either the business owner or the property manager. Who you sued would depend on whether the business owner was negligent in any way that led to your injury, whether the property manager may have played any role in the circumstances leading to your injury, and more.
These are only a few examples of how determining the responsible parties in a personal injury case can be difficult. This is why if you are injured under any circumstances in Texas, you should consult experienced personal injury lawyers. An Abilene personal injury attorney will be able to review your case and help determine who can be held responsible and for how much.
What is the Texas Comparative Fault Rule?
In Texas, personal injury law operates under a system known as modified comparative fault, or proportionate responsibility. This rule is a critical factor in determining how much compensation you can receive, especially in cases where multiple parties may share some of the blame for an accident.
Under Texas Civil Practice & Remedies Code § 33.001, you can still recover damages even if you were partially at fault for your injuries, as long as your percentage of responsibility is not greater than 50%. This is often referred to as the “51% rule.” If a jury or insurance company finds you to be 51% or more responsible for the accident, you are legally barred from recovering any compensation.
For example, if you were found to be 25% at fault for a car accident and the other driver was 75% at fault, your total compensation would be reduced by your 25% share of the blame. If you were awarded $100,000 in damages, your final payout would be $75,000. However, if your fault was determined to be 51% or higher, you would receive nothing. Because a single percentage point can make the difference between a significant payout and no recovery at all, it is essential to have an experienced Abilene personal injury lawyer who can challenge unfair fault claims and build a strong case to protect your rights.
How Much Can I Sue for in Personal Injury Cases in Texas?
You can sue someone for three general categories under personal injury law in Texas: economic damages, non-economic damages, and punitive damages.
Economic damages are the actual monetary damages you suffered as a result of your injury. This can include medical bills, lost wages, physical therapy costs, and other expenses you may have incurred. You can prove economic damages in court with receipts, bills, and other evidence establishing the financial impact of your injury.
In addition to compensation for your injuries, you may also be able to pursue compensation for certain non-economic damages. Non-economic damages are intangible damages that came about as a result of your injury. These can include, but are not necessarily limited to, emotional distress, pain and suffering, disfigurement, and more. Different personal injury attorneys have different methods for calculating non-economic damages.
One method is the multiplier method. In the multiplier method, economic damages are tabulated and then multiplied by a number between 1.5 and 5. Another method for determining non-economic damages is the per diem method. The per diem method determines the duration of your pain and suffering. Then, a daily value is assigned to your pain and suffering, and this number is added up.
The method of determining how much to sue for non-economic damages will vary according to the specific circumstances of your case. Under Texas personal injury law, there are specific caps on the amount of money you can receive for non-economic damages. An experienced Abilene personal injury lawyer can review these caps with you.
Punitive damages are the last thing you can sue for in personal injury lawsuits. Punitive means to punish. Punitive damages are meant to punish the person, people, company, or organization that injured you. There is no set formula for determining punitive damages, which are not always awarded. If you receive punitive damages, the amount will depend on the severity of your injuries, the responsible party’s conduct, and other factors.
Common Challenges in Texas Personal Injury Cases
Even with clear evidence of someone else’s negligence, personal injury cases are rarely simple. Insurance companies often work to minimize payouts, delay the legal process, or question the severity of an injury. This leaves many injured clients frustrated as they struggle with mounting medical bills, lost wages, and the need for ongoing medical treatment. At Barrett Legal PLLC, our Abilene personal injury attorneys know these challenges well and use our extensive experience to fight for fair treatment and the full financial compensation our clients deserve.
One of the most common obstacles is proving the true extent of damages after a serious accident. Victims of car accidents, motorcycle accidents, or truck accidents often suffer catastrophic injuries such as spinal cord injuries, traumatic brain injuries, or other permanent conditions that impact earning capacity. In medical malpractice cases, insurers may dispute whether mistakes in care directly caused the harm. And when accidents involve a defective product, a careless truck driver, or on-the-job injuries, multiple parties may attempt to shift blame, making the path to justice even more complex.
Another challenge is the emotional and financial toll. Families dealing with wrongful death cases, for example, often face grief while also struggling to seek compensation for property damage, funeral expenses, and the loss of household income. The legal action required can feel overwhelming, especially when going up against large corporations or insurance companies with vast resources.
This is why working with an experienced personal injury attorney in Abilene, TX is so critical. Our law firm is rooted in West Texas, with a legal team that understands both the courtroom and the unique challenges of local personal injury law. We operate on a contingency fee basis, so clients never pay upfront.
If you’ve been injured because of someone else’s carelessness, don’t wait. Contact our Texas personal injury attorneys for a free consultation and let an experienced lawyer fight for your rights and help you recover the compensation you deserve.
What Should I Do if I’m Injured in Abilene, Texas?
Our attorneys have been representing clients for years, helping them obtain maximum recovery from their losses. We believe in a personalized approach to every case and tailor every case to suit our client’s needs. Don’t let someone else’s negligence have a lasting impact on your life. If you or a loved one was injured, call an Abilene, TX personal injury attorney at Barrett Legal PLLC at 325-241-2868 to ask about a free consultation. Our legal team will fight, so you don’t have to.