Many Houston accident victims stumble into legal pitfalls, not because of bad luck, but bad information. Misconceptions about Texas personal injury lawsuits are rampant. Understanding the truth protects your rights and can make or break your claim. You’re not alone in this, and getting the facts straight is your first critical step toward recovery.
Why Misinformation Hurts Your Claim
If you’ve been hurt—in a car crash, on a job site, or due to someone’s oversight—quick, accurate information matters. Wrong assumptions can delay your case, or worse, cost you vital compensation. No one expects to get that knock at the door, but when it happens, you need a clear path forward.
Myth #1: “You Can File a Lawsuit Anytime.”
False. Texas law sets a strict statute of limitations in Texas. For most personal injury claims, you have just two years from the incident date to file. Miss that window, and your case is likely dead on arrival. Waiting also erodes evidence and witness memories. Act fast. The sooner you get a lawyer involved, the better your chances.
Myth #2: “If You’re Partially at Fault, You Can’t Win.”
Not true. Texas operates under a “51% comparative fault” rule. This means if you are less than 51% responsible for the accident, you can still recover damages. Your compensation will simply be reduced by your percentage of fault. Don’t assume blame and walk away from a valid claim. A skilled attorney can assess liability and fight to minimize your contribution.
Myth #3: “Insurance Will Cover Everything.”
Don’t count on it. Insurance companies rarely cover all your losses. They’ll gladly pay for basic medical bills or vehicle repairs, but often ignore pain and suffering, lost future wages, or long-term emotional distress. Adjusters push for fast, cheap settlements. To get fair compensation, you’ll likely need to negotiate hard or file a lawsuit. An attorney knows how to calculate the full value of your claim, including all your damages—economic and non-economic.
Myth #4: “Personal Injury Lawsuits Are Just About Money.”
This is a big one. These Texas personal injury lawsuits are about accountability and comprehensive recovery. Victims face life-altering losses: lost jobs, severe disabilities, ongoing medical needs. Compensation helps cover not just immediate bills, but therapy, rehabilitation, and the resources to rebuild your life. In wrongful death cases, legal action provides families a path to justice and closure, addressing both emotional and financial tolls.
Myth #5: “Hiring a Lawyer Is Too Expensive.”
Incorrect. Most personal injury lawyers work on a contingency fee basis. This means you pay nothing upfront, and they only get paid if they win your case. This structure ensures everyone has access to justice, regardless of their financial situation. Often, a lawyer can secure a much higher settlement or verdict than you could on your own, even after their fees.
Secure Your Future: Take Control of Your Case
Relying on online rumors or casual advice can cost you dearly—in time, money, and your right to recovery. Always talk directly with an attorney who understands Texas law and how to apply it specifically to your situation. You need clear, urgent explanations, not theories.
Don’t let myths derail your justice. Call McCray Firm PLLC in Houston today to speak with a personal injury attorney who fights for real results.
FAQs About Personal Injury Lawsuits in Texas
- What types of damages can I claim besides medical expenses?
You may claim lost wages, future medical care costs, pain and suffering, emotional distress, and loss of consortium (for family impact). A lawyer can assess all potential damages relevant to your claim. - How long does a personal injury lawsuit take in Texas?
It varies significantly based on complexity. Simple claims might settle in a few months, but those involving serious injuries, extensive damages, or disputed liability can take over a year, especially if they proceed to trial. - Can I still sue if the accident happened at work?
Yes, particularly if a third party (like a negligent contractor or equipment manufacturer) contributed to your injury. Even if workers’ compensation applies, you might still have a separate personal injury claim. - What evidence strengthens my case?
Strong evidence includes photos of the accident scene, comprehensive medical records, official police reports, credible witness statements, and detailed documentation of missed work or emotional distress. Keep meticulous records from day one. - What happens if the person who caused the accident doesn’t have insurance?
You might still recover damages through your own uninsured/underinsured motorist coverage or by pursuing a personal lawsuit against the at-fault individual. Your attorney can explore all available compensation routes to maximize your recovery.
Facing a personal injury in Texas? Contact McCray Firm for a free case review.