If you or a loved one has been hurt and another party may bear fault, contact an attorney immediately. This is important so as to protect your rights, to preserve any evidence and to investigate the case early on. The Statute of Limitation in Texas varies for certain types of accidents. For instance, in Texas, an auto accident involving a third party is generally governed by the 2-year Statute of Limitation. This means a lawsuit must be on file and the offending party served with the lawsuit no later than two years from the date of your accident or the case must have been completely resolved by that date. There are certain exceptions to this general rule that may shorten or lengthen the period depending on the facts. If you miss that 2 year deadline, your right to compensation may be forever lost. In some cases and in some states, the Statute of Limitation or Statute of Repose may be shorter and in some cases it is longer. There are certain Statutes of Repose which may also affect some claims such as injuries caused by older products. When in doubt, contact an attorney of your choosing as soon as possible.
Personal injury claims can include compensation for economic as well as non-economic damages. Economic damages include medical treatment, hospital bills, surgery costs, past and future wage losses and property damage costs. Non-economic damages include things such as pain and suffering, impairment and mental anguish suffered after a serious accident. We can evaluate your losses and help you fight for complete and fair compensation so you can recover with peace of mind.
Because the state of Texas does not require employers to obtain worker’s compensation insurance, workplace accidents often become the center of personal injury cases. Even if the injured employee is partially at fault, an employer without worker’s compensation insurance may be held accountable for damages. These damages include past and future lost wages, medical expenses, past and future impairment, mental anguish, and physical and disfigurement. In the event of a fatality, an employee’s family can bring legal action against non-subscriber employers through a wrongful death case.
It is advised that even if you were partly at fault, you should always consult with an attorney. Our team is experienced in evaluating liability and can advise you according to the particular facts of your situation.
Collect all documentation available to you regarding the incident, including photos, police reports, medical records, insurance policies, correspondence, statements, recordings. It is also advised that you record everything you can about the accident and its impact on your day-to-day life. Writing this information down is valuable and can be an important factor in receiving financial compensation for losses suffered as a result of an injury.
Most cases settle without trial. If necessary, Scherr Legate takes many cases to trial if it is in the best interest of the client, and is the best option to ensure you are fairly compensated for your damages.
Once you are injured, make sure to report your injury to your employer. Doing so is necessary to document the incident. Collect and retain all documents of incident, photos, reports, police reports, names of witnesses, and any other information available to you. Make sure to contact us immediately, to protect your rights and preserve evidence.
Normally in Texas you must file a lawsuit in a personal injury case within two years from the date of the incident, or you are barred from pursuing your rights. However, there are some situations which require lawsuits or notice much sooner than two years so it is best to seek advice as soon as possible.
Yes, there are circumstances in which you can. For example, if a family member is severely injured and incapacitated or killed or if the injured party is a minor child, the law does allow some relatives and guardians the right to proceed on behalf of that injured person.