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    Texas Personal Injury Lawyer

    Key Takeaways:

    • In Texas, most injury claims must be filed within a period of two years (Texas Civil Practice and Remedies Code §16.003). An experienced Texas personal injury lawyer can help ensure your suit is filed before this statute of limitations expires. In comparison to other claims, claims against governmental bodies have a much shorter deadline.
    • More than 50 percent fault implies that there will be zero recovery (§ 33.001). If your fault doesn’t exceed 50 percent, your recovery will be reduced as per your percentage of fault.
    • Policy limits dictate how much one can get paid for a good claim against an insurance policy; an insurer will not pay beyond the policy limit unless additional applicable coverage (such as umbrella or UM/UIM policies) exists. 
    • Free case consultation; we at JLW Law Group work on a contingency basis, so you won’t have to pay a dime until we win your case.

    When a person is injured in an accident, it is vital for them to engage the services of an experienced Texas personal injury lawyer to avoid an unfair settlement given by an insurance adjuster who will decide how much the victim is entitled to. Soon after the accident, the insurance company has likely obtained and studied the police report from the scene of the accident and started building their case in a way to minimize the amount that they will have to pay to the victim. 

    Whether the injury occurred on a major highway, such as US 175, I-45, or I-20, or in connection with a slip or fall, getting the full compensation requires establishing who is at fault for the accident and showing proof of the damages suffered.

    Jeff Weinstein, a former Dallas County prosecutor licensed since 1987, knows the ins and outs of the trick that the insurance adjusters employ to diminish the claim. And our lawyers at JLW Law Group will fight to ensure you receive fair compensation for your injuries. 

    For a free consultation with a personal injury lawyer Texas, contact us at: 903-287-2787

    What Does a Texas Personal Injury Lawyer Do?

    In the state of Texas, a Texas personal injury attorney must be able to identify which party is responsible for the injury sustained, understand many of the factors that contributed to the injury, and have the knowledge needed to understand how much the injury has actually cost the client before pursuing a settlement with an insurance adjuster.

    At JLW Law Group, we handle your communications, secure crucial evidence, and develop cases that can stand the test in a jury trial so that the insurance companies do not take advantage of you. We fight to prove every part of your claim while you pay all your attention to your recovery process. 

    Under Texas negligence law, proving a case demands satisfying four specific elements: 

    • Duty of care
    • Breach of duty
    • Causation
    • Damages

    Just sustaining an injury is not enough to win a case. If the insurance company can show that even one of the above-mentioned factors is missing from the case, it can deny the claim.

    The personal injury attorney works to protect you from the activities of the claims adjuster so that you do not make any costly mistakes that could jeopardize your case.

    Why Insurance Companies Hope You Don’t Hire a Lawyer 

    Insurance firms have various strategies to reduce the value of your claim; their formula lets them settle for the smallest payouts. As seasoned Texas injury lawyers, we observe the same behavior in most cases: they make a quick offer to settle while people are still undergoing treatment, ask for recordings while still unclear about the circumstances, and pick a fault percentage randomly out of thin air.

    These tactics cause real losses for people who decide to represent themselves. Therefore, the Texas personal injury attorneys exist to beat those tactics.

    Cases a Texas Accident Lawyer at JLW Law Group Handles

    Every injury claim is different in terms of the evidence and nature of the insurance companies involved. As the top Texas injury law firm, we will first investigate the facts that decide your case and then work to create a strategy in order to maximize your compensation.

    Car Accidents

    Some of the determining factors in settling these claims are the degree of liability, accuracy of the police report, and insurance limits. The Texas car accident lawyer ensures that they speak to the insurance adjusters themselves in order to avoid them improperly minimizing your compensation amount.

    Truck Accidents

    Claims related to truck accidents are based on federal regulations, driver logs, maintenance, and employer liability. With the help of the Texas truck accident lawyer, we are able to get and secure the black box data before the trucking company deletes it.

    Motorcycle Accidents

    There is a lot of bias against motorcyclists, and mainly, this bias comes from insurance adjusters or jurors. In this situation, our Texas motorcycle accident attorneys can achieve a favorable outcome by combating unfair stereotypes, visibility issues and proving that the injuries incurred are severe enough to warrant compensation. 

    Pedestrian Accidents

    Pedestrian accidents are based on liability, based on adherence to crosswalk rules, driver attention, and quality of street lighting. Our Texas pedestrian accident lawyer seeks surveillance footage, testimonies from witnesses, and accident reconstruction information to prove the driver failed to yield. 

    Bicycle Accidents

    Bicycle crashes are based on lane positioning, right-of-way violations, and driver reaction times. Our team of Texas bicycle accident lawyers establishes that the driver had enough time and ability to see the cyclist approaching. 

    Uber and Lyft Accidents

    In rideshare accidents, coverage depends on whether the driver was off the app, carrying a passenger, en route, or simply waiting for a ride request to arrive. Our Uber and Lyft accident lawyers need to figure out which insurance policy is relevant for us to secure the maximum compensation possible. 

    Commercial Vehicle Accidents

    The corporate liability, multi-tiered insurance policies, employee status, and fleet maintenance records are what govern the fate of commercial vehicle accidents. Our Texas commercial vehicle accident lawyer holds parent companies responsible for the actions of the negligent truck drivers. 

    Slip and Fall Claims

    To prevail in a slip-and-fall lawsuit, a claimant must demonstrate that the landowner had knowledge, or should have had knowledge, of the dangerous condition and failed to remedy it. Our Texas slip and fall accident lawyers give proof about the length of time the condition existed before the injury took place. 

    Premises Liability

    Types of premises liability claims depend on the legal status of the property, knowledge of the dangerous condition, and warning about it. Our Texas premises liability lawyers hold the landowners liable for the hazards existing on their premises. 

    Dog Bites

    Establishing liability depends on the local leash laws, insurance coverage of the homeowner, and previous encounters with the dangerous behavior of the dog. Our Texas dog bite lawyer obtains evidence of any puncture wounds or scarring to pursue full recovery. 

    Wrongful Death

    Cases involving wrongful death depend on the eligibility of the family members and proving emotional and economic losses. We take care of the applications, deadlines, and other legal responsibilities for families so they can focus on their healing process. 

    Catastrophic Injuries

    The basis of these claims is formed by life care plans, impairment assessments, and predictions of future medical expenses. Our Texas catastrophic injury lawyer ensures that our settlement demands take into account the necessity of specialized care throughout the victim’s entire life. 

    Brain Injuries

    Presenting cognitive deficits and behavioral changes with imaging tests appearing normal require specialized experts. We gather enough evidence to show the real effects of the injury on the life of the claimant. 

    Spinal Cord Injuries

    The need to calculate expenses for lifelong care and diminished ability to earn income defines these settlements. We fight for compensation that exceeds the loss of mobility and the cost of rehabilitation. 

    Burn Injuries

    Showing the presence of scars, disfigurement, multiple surgical interventions, and the ignition source defines burn injury cases. We pursue maximum compensation for the pain and suffering of the patient. 

    Workplace Injuries (Third-Party)

    When an injury is caused by a third party, like a contractor or equipment manufacturer, we file personal injury claims in addition to workers’ compensation claims so injured workers can get compensation for all their losses. 

    Product Liability

    Preserving the defective product is essential for establishing the defect and proving liability. Engineering experts assist us in determining liability on behalf of manufacturers and distributors. 

    If your case does not appear here, contact us anyway. If someone else’s negligence caused your injury, then it will likely qualify as a personal injury claim Texas law recognizes. 

    Texas Comparative Fault: The Number That Decides Your Case

    In Texas comparative fault assigns blame and determines compensation amounts. Texas employs a modified approach with a 51% cutoff: if you’re determined to be more than 50% responsible, you get zero compensation. Compensation is cut according to the percentage of the fault below 50%. 

    Here’s what that looks like on a $200,000 claim:

    Fault Assigned to You What You Recover
    0% $200,000
    20% $160,000
    40% $120,000
    50% $100,000
    51% $0

    Crossing from 50% to 51% fault costs you $100,000 and eliminates your recovery. This difference is precisely the reason insurance agents will start negotiations by assigning blame amounts above what the evidence warrants, which is why Texas negligence law makes this the most contested number in your file. 

    Insurance adjusters often use police reports to prematurely assign blame to the victim before a full investigation into the cause can takes place. Believing and treating the adjuster’s first summary as the objective fact is how people forfeit their claims amounts. 

    How Long You Have to File a Personal Injury Lawsuit in Texas

    According to Tex. Civ. Prac. & Rem. Code, § 16.003, most personal injury claims can be made only two years after the injury, and if the time passes, the injured party cannot pursue the lawsuit, no matter how much evidence of liability exists.

    However, some exceptions can change the period in which the claim can be made:

    • Government defendants: Formal notice deadlines as short as 6 months (or less, depending on the municipality) apply to personal injury claim Texas against government entities. 
    • Minors: In the case of minors, it is possible to temporarily stop the clock for the duration of the legal incapacity.
    • Wrongful death: The same two-year period is applicable to wrongful death claims, but it starts with the date of death.
    • Discovery rule: Very few instances allow for starting the clock with the date when the injury was discovered.

    While two years may seem like plenty of time, gathering evidence, collecting the documentation, receiving treatment, and consultation of Texas accident attorney before the claim can even be assessed takes a lot of time.

    What Damages Can I Recover in Texas?

    In Texas, recoverable damages have been classified into three kinds, and different approaches are used by insurance firms during negotiation for each type.

    • Economic damages: Includes medical expenses, future medical treatment, lost income, loss of earning capacity, damage to property, and other out-of-pocket expenses. Receipt provides evidence for the costs, giving it a unique status as a Texas injury settlement.
    • Non-economic damages: Includes pain and suffering, human misery, impairment, disfigurement, and loss of consortium. Without proper documentation, insurance companies can easily dismiss claims in this specific category. 
    • Exemplary damages: Exemplary damages or punitive damages are only applicable in rare cases where the plaintiff can prove fraud, malice, or gross negligence by clear and convincing evidence. 

    Calculate estimates of your own figures while using the Texas injury claim calculators that provide information on compensation, lost wages, and percentage of blame allocation. 

    What the Insurance Company Is Already Doing to Your Claim

    An established procedure is being followed by adjusters with the aim of lowering the claim amounts. Your best protection is knowing the tricks that insurers use when evaluating injury claims, which are as follows: 

    • The Fast Offer: This quick offer is made available almost right after your injury takes place. The quick payout depends on the premise that you will settle before you are fully aware of your injuries and their costs. 
    • The Recorded Statement Request: Usually made before one knows his/her rights, this tactic allows the representatives of the insurance company to exploit any unsophisticated and informal comments made by the injured party in order to weaken their claim.
    • The Blanket Medical Authorization: Presented as a mere formality, this overly extensive release gives the insurance companies permission to have access to all of the medical records of the injured person, which enables them to declare that the existing pain of the injured party is related to some previous medical problems.
    • The Treatment Gap Argument: If one misses his/her appointment in the doctor’s office due to whatever reason, the insurance companies believe that the absence of treatment is proof that no injury has taken place and the injured person is not suffering from any pain.
    • Fault Inflation: Insurance companies exploit comparative negligence law rules in order to pin higher amounts of fault on you. For example, if you are found 10% responsible for your injury, your claim will be reduced by that same amount, and if you are found more than 50% responsible for it, you will not be able to claim anything. 
    • The Stall: Insurance companies delay and create hurdles to create a sense of urgency in the victim, forcing them to accept a lower settlement offer. 

    Should you accept the first offer made by the insurance company?

    Generally, no. When the company makes a quick and low offer, it typically means that your claim is worth much more than what is being offered, rather than being a sign of kindness. 

    How to File a Personal Injury Claim in Texas — The JLW Law Group Process

    With our well-considered strategy, we guarantee each client gets thorough representation from the beginning of the case. 

    • Preservation: As soon as we start working on your case, we promptly send preservation letters to relevant businesses and insurance companies to secure important evidence so that video evidence and vehicle data won’t be gone forever. 
    • Investigation: We examine all facts concerning the accident, from collision reports to photos from the accident scene and witness statements, as well as expert analysis of the situation in more complicated cases. 
    • Medical Documentation: We keep track of your treatments and assess your future medical needs in order to be able to estimate the monetary value of your claim. 
    • Coverage Investigation: We find all the sources of compensation that you might avail of, such as liability insurances of other persons, employers, excess liability policies, and your own uninsured motorist benefits. 
    • Demand and Negotiation: We create a detailed demand letter containing all needed supporting documentation that starts our negotiation process. 
    • Litigation: If we cannot settle the case fairly, we take it to the court in front of a jury. Claims settle favorably because we prepare the case as if we are going to trial. 

    Evidence That Strengthens a Texas Injury Claim

    There is a shelf life for evidence, and some of the most important evidence disappears quickly. Surveillance footage from nearby businesses, commercial truck data, and downloads from event data recorders may be gone for days or even weeks after an accident unless someone issues a preservation letter. 

    Hospital records, the crash report, and witness information remain longer, but only if they are collected properly from the beginning. That is why it is so important to call a Texas personal injury attorney sooner rather than later; preservation is not something that can be fixed later.

    Talk to a Texas Personal Injury Lawyer at JLW Law Group

    Overwhelmed by high medical bills and relentless demands from adjusters? You may not need another sales pitch telling you what your claim is worth. In fact, insurance companies use predictable methods to settle cases: they rush through lowball settlement offers, take recorded testimony, and claim the injured party is mostly responsible. At JLW Law Group, we stop these tactics from getting in the way of your compensation by working as your Texas personal injury lawyer.

     

    As we represent injured clients throughout Texas from our offices in Athens, Dallas, and Kaufman, our lead attorney, Jeff Weinstein, has the experience to ensure that no insurance company takes advantage of anyone. The law concerning the Texas accident victim rights will not protect you if you don’t take a step: our team will help you from the very first day of your case, allowing you to focus on recovering from your injuries after the accident.

    Don’t Get Played. Get Paid. Call 903-287-2787 or fill out our online form for a free legal consultation; you pay no lawyer fees unless you win. 

    Frequently Asked Questions – Texas Personal Injury Lawyer!

    Can I recover money if I wasn’t wearing a seatbelt? 

    Yes, it might be raised as an issue in Texas, non-use of a seatbelt is admissible as evidence in allocation of fault, meaning that it will reduce your recovery but won’t necessarily dismiss your case. 

    Can social media affect my injury claim? 

    Yes, it can, so it’s best not to use social media while the claim is being processed, but if you have to use it, make sure that privacy settings are tight, because a single photo without context could be used against you. 

    Do I owe taxes on a Texas personal injury settlement? 

    Generally, compensation for physical injuries isn’t subject to federal taxes, although certain components, such as interest and a part of wages, might be. 

    Should I talk to the other driver’s insurance company? 

    It’s okay to verify essential information, but it is not necessary to file a statement, as there is hardly any advantage to doing so at an early stage.

    What if the at-fault driver has no insurance? 

    If the driver who is liable does not have insurance, you can submit a claim with your own Uninsured/Underinsured Motorist (UM/UIM) coverage. Check your Declarations Page right away because many drivers unwittingly decline this essential coverage in writing. 

    Can I change lawyers during my case? 

    Yes, but switching attorneys does not extend or reset any court deadlines. The previous firm may make a claim for fees, which is usually settled between the firms involved. 

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    STRAIGHT ANSWERS

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    Real questions our clients call in with. Real answers, given the way we’d want them given.

    Three boxes have to check. Someone else’s negligence caused the wreck. You have real damages medical bills, lost wages, pain that persists. And there’s enough insurance on the at-fault driver (or stacked policies) to make pursuing the case worthwhile. We do this check in the first phone call, free. If you don’t have a case, we’ll tell you straight.

    Three boxes have to check. Someone else’s negligence caused the wreck. You have real damages medical bills, lost wages, pain that persists. And there’s enough insurance on the at-fault driver (or stacked policies) to make pursuing the case worthwhile. We do this check in the first phone call, free. If you don’t have a case, we’ll tell you straight.

    Three boxes have to check. Someone else’s negligence caused the wreck. You have real damages medical bills, lost wages, pain that persists. And there’s enough insurance on the at-fault driver (or stacked policies) to make pursuing the case worthwhile. We do this check in the first phone call, free. If you don’t have a case, we’ll tell you straight.

    Three boxes have to check. Someone else’s negligence caused the wreck. You have real damages medical bills, lost wages, pain that persists. And there’s enough insurance on the at-fault driver (or stacked policies) to make pursuing the case worthwhile. We do this check in the first phone call, free. If you don’t have a case, we’ll tell you straight.

    Three boxes have to check. Someone else’s negligence caused the wreck. You have real damages medical bills, lost wages, pain that persists. And there’s enough insurance on the at-fault driver (or stacked policies) to make pursuing the case worthwhile. We do this check in the first phone call, free. If you don’t have a case, we’ll tell you straight.

    Three boxes have to check. Someone else’s negligence caused the wreck. You have real damages medical bills, lost wages, pain that persists. And there’s enough insurance on the at-fault driver (or stacked policies) to make pursuing the case worthwhile. We do this check in the first phone call, free. If you don’t have a case, we’ll tell you straight.

    Three boxes have to check. Someone else’s negligence caused the wreck. You have real damages medical bills, lost wages, pain that persists. And there’s enough insurance on the at-fault driver (or stacked policies) to make pursuing the case worthwhile. We do this check in the first phone call, free. If you don’t have a case, we’ll tell you straight.

    Three boxes have to check. Someone else’s negligence caused the wreck. You have real damages medical bills, lost wages, pain that persists. And there’s enough insurance on the at-fault driver (or stacked policies) to make pursuing the case worthwhile. We do this check in the first phone call, free. If you don’t have a case, we’ll tell you straight.

    Three boxes have to check. Someone else’s negligence caused the wreck. You have real damages medical bills, lost wages, pain that persists. And there’s enough insurance on the at-fault driver (or stacked policies) to make pursuing the case worthwhile. We do this check in the first phone call, free. If you don’t have a case, we’ll tell you straight.

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    TEXAS OFFICES
    Athens518 E Tyler St, Suite 100
    903-287-2787
    Dallas3811 Turtle Creek, Suite 1460.
    214-972-0688
    Kaufman1407 S Washington, #500
    972-846-6592