Frequently Asked Questions

Answers reviewed by Trent Bond, Board-Certified Personal Injury Trial Lawyer.

Frequently Asked Questions

Personal Injury Frequently Asked Questions

  • What qualifies as a personal injury case?

    A personal injury case arises when another party's negligent or intentional actions cause you harm. Common examples include car accidents, slip and falls, workplace injuries, medical malpractice, and defective products. To have a valid claim, you generally need to show that someone else's negligence directly caused your injury.

  • How long do I have to file a personal injury lawsuit in Texas?

    In most personal injury cases, Texas gives you two years from the date of the injury to file a lawsuit. Certain exceptions can extend or shorten that window, such as cases involving minors or injuries that weren't immediately discovered. Talking to an attorney early helps make sure your case gets filed on time.

  • What damages can I recover in a personal injury case?

    You may be able to recover compensation for medical expenses, lost wages, pain and suffering, property damage, and emotional distress. Future medical costs can also be included if your injury requires ongoing treatment. In cases involving especially reckless or malicious conduct, punitive damages may be awarded as well.

  • Do I need a lawyer for my personal injury claim?

    It's possible to handle a claim on your own, but insurance companies often try to minimize payouts or deny claims outright. An experienced personal injury lawyer can gather evidence, negotiate with insurers, and fight for the full compensation you deserve. A free consultation can help you decide whether representation makes sense for your situation.

  • Will my personal injury case go to trial?

    Most personal injury cases settle through negotiation rather than going to trial. If a fair settlement can't be reached, your attorney may take the case to court to pursue full compensation. Having a lawyer prepared to go to trial often strengthens your negotiating position even if the case never gets there.

  • Who can be held responsible for a trucking accident?

    Trucking accidents often involve multiple potentially liable parties, including the driver, the trucking company, cargo loaders, and even truck manufacturers. Determining fault requires investigating driver logs, maintenance records, black box data, and company policies. A thorough investigation is often the difference between recovering from one party and recovering from all of them.

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

    You generally have two years from the date of the crash to file a claim in Texas. It's important to start the process quickly, since evidence like black box data and driver logs can be lost or overwritten. Witness statements are also easier to obtain the sooner you act.

  • What damages can I recover after an 18-wheeler accident?

    You may be entitled to compensation for medical expenses, lost wages, pain and suffering, property damage, and loss of earning capacity. In cases involving especially reckless conduct, punitive damages may also be available. The severity of your injuries and the strength of the evidence both affect the final settlement or verdict.

  • How is a trucking accident different from a regular car accident?

    Trucking accidents involve federal and state regulations, larger insurance policies, and often more severe injuries than a typical car accident. Multiple parties can share liability, and trucking companies typically have legal teams ready to dispute claims from the outset. That combination makes experienced legal representation especially important.

  • What should I do after a trucking accident to protect my claim?

    Seek medical attention immediately, document the scene with photos and witness information, and avoid making statements to the truck driver's insurance company before speaking with an attorney. Acting quickly helps preserve evidence like black box data and driver logs before it's lost. Our 18-Wheeler Accidents page covers how we build these cases in more detail.

Car Accident Questions

  • What should I do after a car accident?

    Prioritize your safety and medical needs first: call 911, seek medical attention, and document the scene with photos and witness information. Exchange details with the other driver, but avoid giving a statement to any insurance company before speaking with an attorney. Acting quickly helps protect your claim.

  • How do I know if I have a valid car accident claim?

    You likely have a claim if another driver's negligence, such as speeding, distracted driving, or running a red light, caused your accident and injuries. Police reports, medical records, and witness statements all help establish liability. An attorney can review the details and tell you honestly where your case stands.

  • What damages can I recover after a car accident?

    You may be entitled to compensation for medical expenses, vehicle repairs, lost wages, pain and suffering, and future rehabilitation costs. If the at-fault driver was reckless, such as driving under the influence, punitive damages may also be available. The full value depends on the severity of your injuries and how clearly the other driver's negligence caused the crash.

  • How long do I have to file a car accident lawsuit in Texas?

    You generally have two years from the date of the accident to file a lawsuit in Texas. It's still important to act quickly, since evidence, medical records, and witness statements are easier to gather soon after the crash. Our Car Accidents page has more on how we build these claims.

  • What if the other driver was uninsured or underinsured?

    You may still recover compensation through your own uninsured/underinsured motorist (UM/UIM) coverage. If you don't carry UM/UIM coverage, an attorney can explore other options, including pursuing a claim against the at-fault driver directly.

Wrongful Death Questions

  • Who can file a wrongful death claim in Texas?

    In Texas, a spouse, child, or parent of the deceased has the legal right to file a wrongful death claim. If none of these family members act within three months, the executor of the deceased's estate may file on the family's behalf.

  • What compensation can be recovered in a wrongful death case?

    Families may recover damages for funeral expenses, medical bills, lost financial support, loss of companionship, and emotional pain and suffering. Punitive damages may also be awarded if gross negligence or intentional misconduct caused the death.

  • How long do I have to file a wrongful death lawsuit in Texas?

    You generally have two years from the date of death to file a wrongful death lawsuit in Texas. Certain exceptions, such as cases involving minors or criminal acts, may extend this deadline, so it's worth speaking with an attorney as soon as possible.

  • How is wrongful death different from a survival action?

    A wrongful death claim seeks compensation for what surviving family members lost, such as financial support and companionship. A survival action, by contrast, is filed on behalf of the deceased's estate to recover damages they would have been entitled to had they survived, including their own pain and suffering before death.

  • Do I need a lawyer for a wrongful death claim?

    Yes. These cases are often legally complex and emotionally difficult to navigate alone. An experienced attorney can investigate the cause of death, negotiate with insurance companies, and fight for maximum compensation, so your family can focus on healing.

Industrial Accident Questions

  • Who is responsible for an industrial accident?

    Liability depends on the cause of the injury and can fall on employers, third-party contractors, equipment manufacturers, or property owners. An attorney can investigate the accident to determine who should be held accountable.

  • Can I sue my employer for an industrial accident in Texas?

    Texas doesn't require employers to carry workers' compensation insurance, so if yours doesn't, you may have the right to sue directly. If your employer does carry workers' comp, you may still be able to file a claim against a third party, such as an equipment manufacturer or contractor.

  • What types of compensation can I recover after an industrial accident?

    You may be entitled to compensation for medical bills, lost wages, ongoing rehabilitation, and pain and suffering, plus loss of future earning capacity. Punitive damages may also be available if gross negligence caused the accident.

  • What should I do if I'm injured in an industrial accident?

    Seek medical attention immediately, report the accident to your employer, and document the scene with photos and witness statements. Avoid giving a recorded statement to any insurance company before speaking with an attorney.

  • How long do I have to file an industrial accident claim?

    Texas law gives injured workers two years from the date of the accident to file a personal injury lawsuit. If your claim involves workers' compensation, you typically only have 30 days to report the injury to your employer, so acting quickly matters. Our Industrial Accidents page covers how we build these cases in more detail.

Answers to Common Legal Questions

  • Can I file a claim for a boating or jet ski accident?

    Yes, if a reckless operator, defective equipment, or unsafe water conditions caused your injury, you may be eligible to file a claim. These cases can be complex, especially when maritime law is involved, so speaking with an attorney can help clarify your options.

  • What should I do if I'm injured in a pedestrian accident?

    Seek medical attention immediately, report the accident to law enforcement, and document the scene with photos and witness statements. Contact an attorney before speaking with any insurance company, since pedestrian accidents often cause serious injuries that deserve full compensation.

  • Can I sue after a dog bite in Texas?

    Yes, if the dog's owner knew the animal was dangerous or was negligent in preventing the attack, you may be entitled to damages. These can include medical expenses, lost wages, scarring, emotional trauma, and pain and suffering.

  • What if I'm injured in an ATV accident?

    ATV accidents can result from defective parts, negligent drivers, or unsafe trail conditions. If someone else's negligence contributed to your accident, our attorneys can investigate the cause and pursue the parties responsible.

  • Do I have a case if I was injured at a state fair or amusement park?

    You may have a premises liability claim if a ride malfunction, operator negligence, or unsafe conditions caused your injury. These cases require a detailed investigation to determine who's liable, whether that's the fairground operator or the amusement park.

Let Us Fight for You

When you’ve been injured, you need a law firm that will stand up for your rights and fight for every dollar you deserve. At Portner Bond, PLLC, we are ready to handle the legal battle while you focus on healing.