Every day in Texas, people suffer injuries due to the careless actions of others. These injuries aren’t just physical; they also encompass emotional pain, medical costs, lost income, as well as funeral expenses and loss of companionship resulting from a loved one’s death.
You might be uncertain if someone can be held responsible for your injuries or the incapacitation or death of a loved one, and what damages you may be eligible to recover. This is where a skilled and seasoned Dallas personal injury lawyer can offer much-needed guidance.
Who’s At Fault?
Determining who is at fault for an accident that leads to injuries is the foundation of personal injury cases. Texas operates on a fault-based system for insurance purposes, meaning that liability must be established before the injured party can file a claim against the at-fault individual’s insurance policy.
Drivers of vehicles, business and property owners, and healthcare practitioners are all obligated to demonstrate a certain level of care to prevent harm to others. When this duty fails and someone suffers an injury as a result, those individuals are considered responsible.
Victims hurt by the negligence of others have the right to pursue compensation under Texas’ personal injury laws. Fault is assigned to those who contributed to the incident that led to injury, with multiple parties potentially sharing responsibility. This system is known as “comparative fault.” In Texas, you may claim compensation for damages based on your percentage of fault in a case. For example, if you had right-of-way during a highway accident but were speeding, you could be considered partially at fault. However, if you are deemed less than 50% at fault, you’re still permitted to seek compensation from the other party involved. This is also known as the 51% rule.
Any comparative fault will be taken into account for settlements and jury awards. For instance, if a jury grants $100,000 in damages and you were found 10% at fault, you would receive $90,000 (90% of the total) as the settlement for your claim.
Who Is Responsible for Paying Medical Bills?
In the event of an injury, even if caused by someone else’s negligence, you’ll likely face immediate medical costs and ongoing expenses until your treatment and recovery is complete. It’s important to understand that the negligent party’s liability insurer won’t cover your medical bills as they’re incurred. However, you can pursue compensation for such expenses in a personal injury claim.
To help pay your medical bills, the initial resource available is your own insurance policy’s personal injury protection (PIP) coverage. You can access either one, up to their policy limits, by proving at least that amount in medical expenses—no fault establishment required to file such a claim.
Suppose you’re involved in an accident where the other party is at least 50% responsible. In such a scenario, you can pursue a claim against their liability insurance to cover medical costs, pain and suffering, and lost earnings. Keep in mind that settlements might take some time, whether through discussions with the at-fault person’s insurer or via a court-issued jury award. This might delay payment for your medical expenses or reimbursement for any bills you’ve already settled.
Another option is utilizing your own health insurance to cover medical expenses. Medicare offers conditional payments that need to be reimbursed once you settle your claim. Some employer-provided insurances may also require reimbursement if you obtain compensation later on – this is known as the right to subrogation. Failing to pay back your insurance company after receiving a settlement could result in a lawsuit. Seek legal advice to understand the pros and cons of using your health insurance for treatment while awaiting settlement and how to avoid potential lawsuits from your insurance provider.
How Is My Car Going To Get Repaired?
When it comes to auto accidents where someone else is responsible, their insurance should cover property damage. However, this process can be time-consuming, and you may need immediate car repairs. In such cases, consider filing a claim with your insurance provider to fast-track the process, then allowing them to recover the costs from the negligent driver’s insurer – potentially even the deductible you initially paid.
Keep in mind that property damage claims and personal injury claims are distinct aspects of a case, often handled by different representatives within an insurance company. While your personal injury lawyer might offer assistance with property claims as well, their primary concern would be securing compensation for your injuries.
If You’ve Been Injured In a Car, Truck, or Motorcycle Accident Contact Us Today
Named one of the “Best Car Accident Lawyers in Dallas” by Expertise.com, Brian Brunson is Dallas personal injury attorney who is dedicated to helping clients who have suffered a car, truck, or motorcycle injury through the negligent or wrongful conduct of other drivers. In addition, his professionalism is unmatched and the firms’ client reviews speak for themselves.
We proudly serve the Dallas-Fort Worth metroplex and surrounding areas, our office supports the legal needs of a wide variety of clients. Let the Law Office of Brian Brunson be your advocate in your time of need and help you put your life back together. If we can’t win or settle your case, you don’t pay a dime! We know it can be daunting to take that first step after you’ve been hurt. Contact Brian Brunson today via email or call us toll-free at 1-844-41-WRECK. We can help, when no one else will.