Frequently Asked Questions
What Is a Personal Injury Claim in Texas?
A personal injury claim allows you to seek compensation when someone else’s negligence causes you harm. To recover compensation, you generally must show that the other party owed you a duty of care, failed to meet that duty, and caused your injuries. Common examples include car accidents, truck accidents, motorcycle crashes, and slip and fall accidents.
How Long Do I Have to File a Personal Injury Lawsuit in Texas?
In most cases, you have two years to file a personal injury lawsuit in Texas. However, some exceptions may shorten or extend this deadline. Claims involving government agencies may also have special notice requirements, so the deadline depends on the circumstances of your case.
What if I Was Partly at Fault for My Accident?
You may still recover compensation if you were partly at fault for your accident. Under Texas’s modified comparative fault law, your compensation is reduced by your percentage of fault. However, if you are more than 50% responsible, you generally cannot recover damages.
What Should I Do Immediately After Being Injured in an Accident?
Seek medical attention as soon as possible, even if your injuries seem minor. Report the accident to the appropriate authorities, take pictures of the scene, and collect contact information from witnesses if you can do so safely. Keep your medical records and other accident-related documents, and consider speaking with an attorney before giving a recorded statement to the other party’s insurance company.
Should I Talk to the Insurance Adjuster Before Hiring an Attorney?
You do not generally have to give a recorded statement to the other party’s insurance adjuster before speaking with an attorney. Your statements could affect how the insurer evaluates your claim. A lawyer can handle communications with the other party’s insurance company and explain any obligations you have under your own insurance policy.
How Much Does It Cost to Hire Benton Accident & Injury Lawyers?
Benton Accident & Injury Lawyers handles personal injury cases on a contingency fee basis. This means you generally won’t pay attorney’s fees upfront. Instead, the firm only collects attorney’s fees if it recovers compensation on your behalf. Your fee agreement will explain how case expenses are handled.
How Much Is My Personal Injury Case Worth?
There is no standard settlement amount for a personal injury case. Your claim’s value depends on factors such as the severity of your injuries, the amount of medical treatment required, how long you are unable to work, and whether your injuries affect your future earning ability. The strength of the evidence, your percentage of fault, and available insurance coverage can also affect your recovery.
Who Is Responsible for My Damages After a Car Accident in Dallas?
The driver whose negligence caused your car accident may be responsible for your damages. Texas follows an at-fault system, so the responsible driver’s liability insurance is often a source of compensation. Other parties may also share responsibility, depending on how the accident happened.
What Compensation Can I Recover After a Car Accident?
You may be able to recover compensation for medical expenses, lost wages, reduced earning capacity, and vehicle damage. You may also receive damages for pain and suffering, mental anguish, physical impairment, and disfigurement. The compensation available depends on your injuries and the circumstances of your case.
Why Hire Benton Accident & Injury Lawyers for a Car Accident Case?
Benton Accident & Injury Lawyers has more than a decade of experience representing injured Texans and has recovered millions of dollars for clients. Founding attorney Jeff Benton has a 10.0 Superb Avvo rating and is a member of the Million Dollar Advocates Forum. The firm offers free consultations, contingency fee representation, and legal assistance throughout the claims process.
Why Are Truck Accident Cases More Complicated Than Car Accident Cases?
Truck accident cases often involve multiple responsible parties and additional safety regulations. The truck driver, the trucking company, the cargo loader, or the maintenance provider may share liability. Investigating these accidents may also require reviewing driver logs, maintenance records, electronic vehicle data, and other evidence to determine what caused the crash.
Does the Police Crash Report Decide Who Was at Fault in My Truck Accident?
No. A police crash report can provide important evidence, but it does not automatically determine legal responsibility. Insurance companies and courts may consider other information, including witness statements, photographs, driver logs, and electronic vehicle data, when deciding who caused the accident.
What Compensation Is Available After a Truck Accident?
You may be able to recover compensation for medical bills, future treatment, lost wages, reduced earning capacity, and property damage. You may also receive damages for pain and suffering, mental anguish, physical impairment, and disfigurement. The amount available depends on the severity of your injuries and the circumstances of the accident.
Has Benton Accident & Injury Lawyers Handled Major Truck Accident Cases?
Yes. Benton Accident & Injury Lawyers has handled serious commercial truck accident cases, including a reported $5.5 million recovery involving a trucking collision. Founding attorney Jeff Benton has experience representing people injured in truck accidents. Past results do not guarantee a similar outcome in another case.
What Compensation Can I Recover After a Motorcycle Accident in Texas?
You may be able to recover compensation for medical expenses, lost wages, future treatment, and reduced earning capacity. Damages may also include pain and suffering, mental anguish, physical impairment, and other personal losses. The amount available depends on your injuries, the evidence of fault, and other circumstances.
Why Hire Benton Accident & Injury Lawyers for a Motorcycle Accident Claim?
Benton Accident & Injury Lawyers has experience representing people injured in motorcycle accidents and other serious traffic collisions. The firm’s attorneys can investigate your crash, gather evidence, handle insurance negotiations, and pursue compensation from responsible parties.
What Counts as a Premises Liability Case in Texas?
A premises liability case involves an injury caused by a dangerous condition on someone else’s property. Common examples include wet floors, broken stairs, uneven walkways, and unsafe parking lots. Property owners may be responsible when they fail to meet the legal duty owed to an injured visitor, which depends in part on why the visitor was on the property.
Do I Have a Case if I Fell on Someone Else’s Property?
You may have a case if a dangerous property condition caused your injuries and the owner failed to meet a legal duty owed to you. For example, a store may be responsible if it knew or should have known about a dangerous condition and failed to fix it or provide an adequate warning. The answer depends on the circumstances of your fall.
What Compensation Can I Recover in a Premises Liability Case?
You may be able to recover compensation for medical bills, lost wages, future medical care, and reduced earning capacity. You may also receive damages for pain and suffering, mental anguish, physical impairment, and other losses. The amount available depends on your injuries and the evidence supporting your claim.
Who Can File a Wrongful Death Claim in Texas?
Under Texas law, the deceased person’s surviving spouse, children, and parents can file a wrongful death claim. If none of these parties file within three calendar months after the death, the estate’s executor or administrator generally must bring the claim unless all eligible family members request otherwise.
What Compensation Can a Family Recover in a Wrongful Death Case?
Eligible family members may recover compensation for lost financial support, loss of companionship, mental anguish, and loss of care and guidance. Loss of inheritance may also be recoverable. A separate survival claim may provide compensation for certain losses suffered by the deceased person before death.
Has Benton Accident & Injury Lawyers Handled Wrongful Death Cases Involving Trucking Accidents?
Yes. Attorney Jeff Benton has represented the family of a man who died after an 18-wheeler rear-ended his vehicle. The firm has experience handling serious trucking accidents and claims involving fatal injuries. Past results do not guarantee a particular outcome in another case.
Is a Dog Owner Automatically Responsible if Their Dog Bites Me in Texas?
No. Texas does not automatically hold dog owners liable for every dog bite. An owner may be responsible if they knew or should have known the dog had dangerous tendencies. They may also be liable if their negligence in controlling the dog caused the injury.
What if I Did Something That Provoked the Dog?
Your actions may affect your claim if they contributed to the attack. Under Texas’s modified comparative fault law, your compensation may be reduced by your percentage of fault. If you are more than 50% responsible, you generally cannot recover damages. However, provoking a dog does not automatically mean you were legally at fault.
Has Benton Accident & Injury Lawyers Handled Dog Bite Cases Before?
Yes. Benton Accident & Injury Lawyers has represented clients injured in dog attacks, including cases involving dogs with a known history of dangerous behavior. The firm’s reported experience includes a case in which a dog owner assured a client that the animal was safe shortly before an attack.
