Frequently Asked Questions About Personal Injury and Accident Attorneys

General Questions about Personal Injury

1. What percentage do lawyers take for personal injury in Texas?
   In Texas, personal injury lawyers typically take 33% to 40% of the settlement amount as their contingency fee, depending on the complexity of the case.
2. What is the personal injury limit in Texas?
   Texas does not have a cap on economic damages for personal injury, but non-economic damages in medical malpractice cases are capped at $250,000 per defendant.
3. How long do personal injury cases take to settle in Texas?
   Most personal injury cases in Texas are settled within six months to two years, depending on factors like case complexity, liability disputes, and court schedules.
4. What are the three categories of personal injuries?
   Personal injuries are classified into physical injuries (e.g., fractures), psychological injuries (e.g., trauma), and financial losses related to the injury (e.g., lost wages).
5. What is the difference between personal accident and personal injury?
   A personal accident refers to an unexpected event causing harm, while personal injury is the legal term for injuries caused by negligence or intentional actions.
6. What are the 4 main types of injuries?
   The main types are physical injuries, soft tissue injuries, psychological injuries, and catastrophic injuries such as brain or spinal cord damage.
7. What is the limitation period for personal injury negligence?
   The statute of limitations for personal injury negligence in Texas is two years from the date of the injury.
8. What is negligence in personal injury?
   Negligence is the failure to exercise reasonable care, resulting in harm to another person, such as in car accidents or slip-and-fall incidents.
9. How long does it take to make a personal injury claim?
   Filing a personal injury claim can take a few days to weeks, depending on evidence collection and legal documentation requirements.
10. What is personal injury protection in Texas?
    Personal Injury Protection (PIP) in Texas is no-fault insurance that covers medical expenses, lost wages, and other related costs after an accident, regardless of who caused it.

Car Accident Questions

1. How much can someone sue for a car accident in Texas?
   Texas does not limit compensation for economic or non-economic damages in car accident cases, except for punitive damages, which are capped.
2. What is the statute of limitations for a personal injury car accident in Texas?
   The statute of limitations is two years from the date of the car accident for filing a personal injury lawsuit in Texas.
3. What can a car accident lawyer do for me?
   A car accident lawyer helps you secure fair compensation by handling negotiations, collecting evidence, and representing you in court if necessary.
4. How can I determine if a car accident lawyer is experienced in my type of case?
   Check their track record in similar cases, client testimonials, and years of experience in personal injury and car accident law.
5. How do accident lawyers and personal injury lawyers differ?
   Accident lawyers handle specific cases like car or truck accidents, while personal injury lawyers cover a broad range of injury claims caused by negligence.
6. How can you find a good car accident lawyer near you?
   Search online for client reviews, ask for referrals, and consult professional organizations like the Eric Ramos Law.

Truck Accident Questions

1. How can I find the best truck accident attorney in my area?
   Look for attorneys specializing in truck accidents, with proven case results and positive client reviews in your region.
2. Why is choosing the right truck accident attorney important?
   Truck accident cases involve complex laws and higher damages, requiring expertise to secure maximum compensation.
3. How do I hire a truck accident attorney?
   Schedule a consultation, inquire about their experience with trucking cases, and confirm their contingency fee agreement.
4. What are some common injuries that truck accident lawyers handle?
   Common injuries include spinal cord damage, traumatic brain injuries, broken bones, and severe burns.

Work Injury Questions

1. What is a work injury lawyer?
   A work injury lawyer specializes in workplace injury cases, helping injured workers claim compensation for medical bills, lost wages, and other damages.
2. How long does it take to settle a workers’ compensation case?
   Workers’ compensation cases typically settle within 12 to 18 months, depending on claim complexity and insurance company negotiations.
3. What can a worker do if they were injured on the job but did not report it to their employer out of fear of being fired? Can they still receive compensation?
   Yes, workers can still receive compensation even if they didn’t initially report the injury, though reporting the incident as soon as possible is crucial. The injured worker should file a workers’ compensation claim with the state’s workers’ compensation board and seek legal counsel to protect their rights.
4. Who do I call if my employer ignores an injury I suffered during work?
   If your employer is ignoring your work-related injury, you should contact a workers’ compensation attorney, or your state’s workers’ compensation agency, to ensure your injury is properly documented and that you can file a compensation claim.
5. How can we get workers’ compensation if we didn’t report an injury to our employer but want to still receive benefits for the injury?
   While it’s always best to report injuries promptly, you can still pursue a workers’ compensation claim without prior notification to your employer. You will need to file a claim with the state workers’ compensation board and may need to provide evidence of the injury and how it occurred.
6. Can an employee file a lawsuit against me without having a work injury report?
   An employee can file a lawsuit even without a formal work injury report, but it would depend on the specific circumstances of the case. For example, if negligence is involved, the employee may seek damages outside of the workers’ compensation system.
7. After a work-related injury, what are the proper procedures for the injured employee?
   The employer must ensure the injured employee receives immediate medical attention and file a workers’ compensation claim with the insurance company. Additionally, the employer should follow any state-specific procedures, which may include documenting the incident and providing the injured worker with the necessary forms to file a claim.

Have More Questions? Contact Eric Ramos Law Today!

If you have a question that isn’t covered here, feel free to contact us for a free consultation. We’re committed to helping individuals and families in San Antonio, Austin, Laredo, Midland, McAllen, and beyond get the legal answers they need.