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The Process of Filing a Personal Injury Claim After a Car Accident | Carabin Shaw

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Personal Injury FAQs

What is Personal Injury Law?

Personal injury law is the area of law that deals with harm caused to a person's body, mind, or emotions — as opposed to damage to property or financial interests. When someone else's negligence causes you harm, personal injury law gives you the right to seek financial compensation for your losses. Common causes of personal injury claims include auto accidents, construction accidents, dog bites, drowning accidents, slip and fall incidents, workplace injuries, injuries on another person's property, railroad accidents, bus accidents, and nursing home abuse. Learn more about our Personal Injury Attorneys in Corpus Christi.

Can I agree to an insurance settlement before I'm finished with medical treatment?

No — do not sign anything. Insurance companies may seem helpful and eager to resolve your claim quickly, but their goal is to close your case before the full extent of your injuries and expenses becomes clear. They are not looking out for your best interests — they are protecting their bottom line. Once you sign a settlement agreement, you typically give up the right to seek any additional compensation, even if your medical condition worsens. Before signing any document or accepting any offer from an insurance company, speak with a personal injury lawyer. Depending on the circumstances of your accident, you may be entitled to significantly more than what they are offering. Learn more about our Corpus Christi Personal Injury Lawyers.

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

The best first step is to get informed. Texas law provides protections for injury victims in nearly every type of accident scenario, and the only way to know whether you have a viable claim is to speak with an experienced attorney. A knowledgeable personal injury lawyer can review the facts of your situation, explain your legal options, and help you understand what your case may be worth. Whether you decide to pursue legal action is entirely your choice — but making that decision without knowing your rights can cost you. Our law office is here to guide you through every step of the process, from filing your claim to negotiating your settlement, so you can focus on what matters most: your recovery.

What does strict liability mean?

Strict liability holds companies and individuals accountable for harm caused by certain dangerous activities or defective products — regardless of whether negligence can be proven. In other words, if a product or activity causes harm, the responsible party can be held liable simply because the harm occurred, not because they were careless. This doctrine exists to protect the public from unreasonably dangerous products and practices.

Strict product liability specifically applies to those involved in the design, manufacture, distribution, and sale of products. If a defective product causes injury to a consumer, designers, manufacturers, wholesalers, and retailers can all potentially be held responsible. Learn more on this website.

What is a statute of limitations and does it apply to me?

A statute of limitations is the legal deadline by which you must file your personal injury claim. In Texas, most personal injury cases must be filed within two years from the date of the accident or injury. This deadline also applies to medical malpractice claims and wrongful death cases, though specific timeframes may vary depending on the circumstances. Missing this deadline can permanently bar you from recovering any compensation — no matter how strong your case may be. If you were injured due to someone else's negligence, the sooner you consult with an attorney, the better. Time is critical, and waiting can cost you thousands of dollars in lost compensation.

How does the “assumption of risk” doctrine apply to my case?

The assumption of risk doctrine applies when a person voluntarily participates in an activity knowing that it carries an inherent risk of injury. In those situations, the injured party generally cannot sue another participant for negligence, because they accepted the possibility of harm when they chose to take part. This doctrine is commonly applied in cases involving competitive sports, extreme recreational activities such as scuba diving, paragliding, and snowboarding, and other inherently risky pursuits.

For example, if you are playing football and sustain a concussion after being tackled, you typically cannot sue the other player — because the physical contact was a foreseeable and accepted part of the game. When assumption of risk applies, the defendant's duty of care to the plaintiff is effectively removed. However, this doctrine has limits, and it does not apply in every situation involving risk. An experienced personal injury attorney can evaluate whether assumption of risk affects your specific claim.

How much time do I have to file a personal injury claim in Texas?

In Texas, the general statute of limitations for personal injury cases is two years from the date of the incident. This means your lawsuit must be properly filed with the appropriate court within that window. Certain circumstances — such as cases involving government entities, injuries to minors, or injuries that were not immediately discovered — may affect the applicable deadline. Because the consequences of missing the filing deadline are severe and permanent, it is strongly advisable to consult with a personal injury attorney as soon after your accident as possible. The earlier you begin the process, the stronger your case will be.

What are non-economic damages?

Non-economic damages compensate injury victims for losses that do not have a direct dollar amount attached to them — primarily pain and suffering, both physical and emotional. These damages recognize that the true impact of a serious injury extends far beyond medical bills and lost wages. For example, a person who loses a limb in an auto accident may endure years of chronic physical pain and profound emotional distress. A child who suffers permanent facial disfigurement from a dog attack may face emotional suffering, social challenges, and limitations on employment and relationships for the rest of their life. Non-economic damages are designed to account for these deeply personal consequences and ensure that victims are fairly compensated for the full scope of what they have endured.

What types of economic damages are included in personal injury claims?

Economic damages cover the direct financial losses that result from an accident. These are the tangible costs you can document — bills, receipts, pay stubs, and financial records. Common economic damages in a personal injury case include ambulance fees, emergency room bills, ongoing medical treatment costs, rehabilitation and physical therapy expenses, lost wages during recovery, and loss of future earning capacity if your injuries affect your ability to work long-term. In auto accident cases, property damage to your vehicle and any other out-of-pocket costs tied directly to the accident are also included. Your attorney will work to identify and document every economic loss you have sustained to ensure nothing is overlooked.

How is lost income calculated in a personal injury case?

Lost income calculations depend heavily on the nature and severity of your injuries and their impact on your ability to work. Every case is different. If an accident leaves a working adult permanently disabled and unable to return to their career, the lost income calculation may span decades and reach into the millions. If an injury sidelines someone for three months before they fully recover and return to work, the calculation would reflect that shorter period. Your attorney will work with financial and medical experts to project the anticipated income loss based on your age, occupation, earning history, and the long-term prognosis for your injuries. The goal is to arrive at a figure that accurately reflects what you have lost — and what you stand to lose in the future.

What happens during a deposition?

A deposition is a formal legal proceeding in which the opposing attorney questions you under oath before the case goes to trial. If you have filed a personal injury lawsuit, the defendant's attorney will likely schedule your deposition as part of the discovery process. You will be asked detailed questions about the accident, your injuries, your medical treatment, and how your life has been affected. Your answers are recorded and can be used later in court — particularly to highlight any inconsistencies between what you said during the deposition and what you say at trial. Having an experienced personal injury attorney prepare you for your deposition is essential. The way you answer these questions can have a significant impact on the strength of your case and the outcome of your claim.

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