Personal Injury - Frequently Asked Questions (FAQs)

What is considered a personal injury?

A personal injury occurs when another party can be held legally responsible for causing you harm. The majority of personal injury cases are based on negligence, meaning that the liable party breached the duty of care they owed the injury victim, resulting in their provable damages.

What are common types of personal injury cases?

Personal injury cases can involve any type of accident that causes a person harm. The most common types of personal injury cases in El Paso include car accidents, truck accidents, slip and fall accidents, motorcycle accidents, and pedestrian accidents.

What is meant by negligence?

Negligence is a legal term for when a party fails to use reasonable care, resulting in harm to another person. There are four elements of negligence. First, the defendant must have owed a duty of care to the plaintiff. Second, the defendant must have breached that duty of care. Third, the breach of that duty must have been the proximate cause of the plaintiff’s injuries. Fourth, the plaintiff must have actual damages.

How do you prove negligence in a personal injury case?

In order to prove negligence in a personal injury case, you must first show that the other party owed you a duty of care and breached that duty. The best way to ensure that you hold a negligent party accountable is by retaining an El Paso personal injury lawyer. 

How do I know if I have a personal injury claim?

It can be challenging to determine whether you have a personal injury claim without the help of an attorney. A personal injury lawyer in El Paso can help investigate your case to determine whether you have a valid claim for damages against another party. 

How long do I have to file a claim in Texas?

In Texas, you have two years from the date of an accident to file a claim based on personal injury. If you do not file a claim within the two-year statute of limitations, you may not be able to obtain compensation for your injuries. 

What types of compensation may I be entitled to?

Compensation in a personal injury case varies greatly depending on the individual circumstances. However, in many cases, an injury victim may be entitled to compensation for their medical bills, lost wages, and pain and suffering. You may also receive compensation for future losses, such as your rehabilitation and loss of future earning capacity.

What does it cost to hire a personal injury attorney?

Most personal injury cases in El Paso are accepted on a contingency fee basis, meaning there are no attorney’s fees unless money is recovered on your behalf. Therefore, you should not have to pay any money out of pocket to hire a personal injury attorney. 

How much is my personal injury case worth?

The value of your personal injury case will depend on a number of factors, including the severity of your injuries, whether you were partially responsible for the accident, and what caused your injuries. To determine the value of your case, you need to speak with an attorney.

What if I was partially to blame for what happened?

If you were partially responsible for the accident, you may still be entitled to compensation. Under state law, even if your negligence contributed to your injuries, you may still be able to file a claim for damages against a liable party. Your recovery, however, may be reduced in proportion to your percentage of the fault.

Should I speak with an insurance adjuster?

Shortly after an accident, you may be contacted by an insurance adjuster. The insurance adjuster may ask you to write or record a statement about what happened. If you are not careful, the information that you give can be used to place you at fault for the accident. It is in your best interest to consult with an El Paso attorney before you make a statement to an insurance adjuster.

Should I accept a settlement offer?

You should never accept a settlement offer without first speaking to an attorney. Early settlement offers rarely reflect the true value of your personal injury case. They frequently do not include compensation for your pain and suffering or future losses. 

How long will my case take to settle?

There is no average amount of time that a personal injury case will take to settle. The length of a case depends on several factors, including the severity of your injuries and whether liability is in dispute. An attorney can give you an idea about how long your case may take to resolve, depending on your individual circumstances.

When should I hire a personal injury attorney?

You should hire an El Paso personal injury lawyer as early in the process as possible. An attorney can help investigate your case and determine whether you have a valid claim. Waiting to consult with an attorney could negatively impact your case.