How long do I have to file a personal injury claim in Houston, TX?
In Texas, you generally have two years from the date of your accident to file a personal injury lawsuit, under the Texas Civil Practice and Remedies Code. This applies to many car crashes and other vehicle-related injury claims.
If your case involves a government entity, for example, a city-owned vehicle or dangerous public roadway, there are often additional notice requirements, commonly around six months, and some cities have even shorter deadlines in their local rules. Acting promptly helps your legal team preserve evidence (photos, witness statements, medical records) and file on time.
Can I still pursue compensation if I was partially at fault for the accident?
In many situations, yes. Texas uses a modified comparative fault system (proportionate responsibility). You may still pursue compensation if you are 50% or less at fault, but your financial recovery is reduced by your share of responsibility.
For example, if you are found 30% at fault and your damages total $100,000, your recovery could be reduced to $70,000. If you are more than 50% at fault, you may be barred from recovering damages. A Houston personal injury lawyer can present evidence to help keep your assigned fault as low as the facts support.
What compensation is available in a personal injury case in Texas?
In Texas, injury claimants may pursue two main categories of damages:
- Economic damages: Medical bills, future medical care, rehabilitation, lost wages, reduced earning capacity, and property damage.
- Non-economic damages: Physical pain, emotional distress, mental anguish, and reduced quality of life.
In limited situations involving especially reckless or intentional behavior, punitive damages may be available to address that conduct, subject to statutory limits. Your attorney will look at the full impact of your injuries and financial losses when determining what to seek.
Do I need to report a car accident in Houston, TX?
Yes. Texas law requires a report to law enforcement when a crash involves injury or death, or when the crash damages a vehicle so it cannot be normally and safely driven. Calling 911 from the accident scene often creates a clear record, and an officer may complete a crash report that can support your personal injury claim.
When officers arrive, they typically create a Texas Peace Officer’s Crash Report, which often becomes important evidence in your injury claim. If police do not respond, you still have a duty to make sure the crash is properly reported under Texas Transportation Code requirements. Always keep a copy of the report for your records and for your attorney.
What should I do if the insurance company offers a quick settlement?
Use caution. Insurance companies often offer early settlements that may not reflect the full value of your claim, especially before you know the long-term impact of your injuries or need for future treatment. Accepting a quick payment usually means signing a release that closes your claim, even if new complications appear later.
Before agreeing to any settlement, it is wise to speak with a Houston personal injury lawyer. Your attorney can review the offer, compare it to your documented and potential future losses, and negotiate for an amount that better aligns with what you have gone through under Texas law.
What should I do if I was injured while riding in an Uber or Lyft?
Call 911, report the crash, and ask for medical help if needed. Collect the driver’s contact and insurance details, the license plate, and app screenshots showing the trip. See a doctor promptly, even if you think your injuries are minor, and avoid giving recorded statements to insurance companies before speaking with an attorney.
Does Uber or Lyft insurance cover my injuries?
It depends on the driver’s app status:
- App off: Only the driver’s personal auto policy applies.
- App on, no ride accepted: Uber/Lyft provide contingent liability coverage (typically up to $50,000 per person / $100,000 per accident for bodily injury, and $25,000 for property damage) if personal coverage is insufficient.
- En route or on a trip: The rideshare company generally provides up to $1,000,000 in third-party liability coverage, plus additional protections in many cases.
Injured in an Accident? Call Now for a Free Consultation – (888) 82-FG-LAW
Injured in an Accident? Call Now for a Free Consultation –
(888) 82-FG-LAW
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