Personal Injury Law in Amarillo, TX
Were you hurt due to another’s negligence in Amarillo? If so, it may have far-reaching consequences such as a loss of wages or extensive medical treatment. Personal injury law allows an injured person to get damages if the responsible person acted recklessly. A personal injury attorney in Amarillo, TX can help navigate the lawsuit to make sure you receive the compensation you deserve.
What Is Personal Injury Law?
Personal injury law in Amarillo relates to the legal process of getting compensation for an injury caused by someone else’s negligent behavior. These cases involve one party, the plaintiff, seeking financial compensation for expenses incurred and money lost due to the defendant’s reckless behavior. These cases involve both parties’ insurance companies and may even settle before proceeding to litigation.
Examples of Personal Injury Claims in Amarillo, TX
Some personal injury claims are more common than others. However, almost any incident that involves physical or mental injury could qualify, depending on the circumstances.
A few of the most common personal injury claims are:
- Car Accidents
- Slip and Fall
- Dog Bites
- Medical Malpractice
- Workplace Accidents
- Burn Injuries
Most Common Injuries in Amarillo
The United Way of Amarillo & Canyon reported that accidents are the third leading cause of death in and around Amarillo. Potter County also had a 40.6% higher rate of death from accidents compared to the state average. In fact, Potter County had the highest accident death rate in the state. Additionally, according to KFDA-TV, Amarillo has the highest rate of fatal car accidents involving alcohol compared to other Texas cities its size.
Steps in a Personal Injury Lawsuit in Amarillo, TX
Once you determine that you wish to proceed forward with a personal injury action in Texas
A lawsuit begins when a complaint is filed with the court and served on the defendant. The complaint alleges your assertion as the plaintiff that the defendant’s negligent behavior resulted in damage to your body or mental state. Next, you may have to go through depositions, independent medical evaluations, and document production. This discovery process is lengthy and ends in either settlement or a court appearance.
For Potter County, claims under $10,000 are small claims in Justice Court. Larger claims go to either County or District Court. After the plaintiff files a petition with the court, the defendant will receive a deadline to respond. A hearing will then be held, at which time both parties have the opportunity to present evidence. The judge or a jury will make a final decision based on the evidence presented.
Texas Personal Injury Settlement
With most personal injury cases, insurance companies and injured parties prefer settlement negotiations rather than escalating to a trial. You may wonder how much you should seek in your settlement and factors that impact the final amount.
Amarillo law firm websites often cite personal injury verdicts in the hundreds of thousands, even millions of dollars. According to the Annual Statistical Report for the Texas Judiciary, the second-largest increase in cases filed in district and county courts were injury or damage cases involving a motor vehicle. However, the vast majority don’t go to trial, and most settle outside of court for between $3,000 – $75,000. Consulting with an experienced Amarillo attorney will help you learn about your specific circumstances.
If the other party has insurance, the insurance company likely wants to settle out of court to avoid leaving the final settlement decision to a jury. Settlements benefit injured parties as much as they do insurance companies. This is because accepting a settlement means you receive compensation sooner rather than later. Also, going to court in TX, means you risk not receiving any compensation at all.
Damage Awards in Texas
If your Texas personal injury lawsuit goes before a judge or jury, your legal team will be ready with a request for damages. There are three types of damages a court may order the defendant to pay in personal injury cases.
Special compensatory damages reimburse you for things such as lost income, medical bills, and insurance deductibles. You submit receipts proving these losses.
General compensatory damages are subjective. If you receive special compensatory damages, you may also collect general damages. If your injury was particularly painful, you might request that the judge order the defendant to compensate you for the pain and anguish.
Punitive damages are the rarest and are up to the court. The judge or jury may determine that the defendant’s negligence was particularly heinous and the resulting injury to you was equally horrific.
According to the Center for Justice & Democracy, Texas does not have damage caps on personal injury cases. However, if the claim is against the government, there is a cap of $100,000.
Statute of Limitations in Amarillo, TX Personal Injury Law?
The injured party may have a set amount of time to file suit for a personal injury case. State law establishes statutes of limitation. Commonly, the plaintiff’s discovery begins with the statute of limitations. However, the latter factor is trickier, as the plaintiff will have to prove when they knew they had an injury.
The statute of limitations for a personal injury suit in Texas is two years. If you live in Amarillo, this means you only have two years from the date of your injury to file a lawsuit.
We recommend you speak with a personal injury lawyer for this matter. Don’t wait too long and miss out on receiving the compensation you deserve for your injury.
Work With an Experienced Amarillo, TX Lawyer
Pursue a personal injury claim in Amarillo against the responsible person if you are dealing with an injury caused by someone else. One of our experienced lawyers can help you navigate your personal injury claim. We can even help you connect with an attorney across Texas state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
