legal questions in texas

Legal Questions in Texas: What You Should Know Before Seeking Advice

Tarun Sridharan Legal Editor & Attorney Contributor Read Time: 9 minutes

Legal Questions in Texas: What You Should Know Before Seeking Advice

If you’ve been harmed in Texas, whether in an accident or an employment dispute, then you could be entitled to compensation under the law. Litigation can be confusing and rather overwhelming, however, and you may have many legal questions and legal issues in Texas that you need resolved. The best person to handle those “legal questions in Texas” is an experienced attorney in Texas.

We can help. Contact 1-800-THE-LAW2 for a free consultation with a qualified local attorney in Texas.

That being said, you may want to know a bit more about litigation before you seek the advice of an attorney. If so, keep reading! We’ll cover some basic, but important issues that you should know.

Navigating the legal system can be daunting, especially if you’re facing a legal issue in Texas. Fortunately, there are several resources available to provide legal aid and help you understand your rights and options. Whether you’re dealing with family law matters, housing issues, or consumer protection concerns, these resources can offer valuable assistance.

Remember, it’s essential to work with a lawyer who respects your autonomy and provides you with the guidance and support you need. If you feel pressured to settle your case without fully understanding your options, don’t hesitate to seek a second opinion or explore these free legal resources.

What sort of compensation can I expect to receive if I’ve been seriously injured in an accident in Texas?

If you’ve been injured in Texas, then you could be entitled to receive compensation for whatever losses you sustained due to the defendant’s negligence, recklessness, or intentional misconduct. Claimable losses include:

  • Lost wages
  • Loss of earning capacity
  • Loss of property
  • Healthcare expenses (i.e., medical bills for whatever medical treatment you received to deal with your injuries, supported by your various medical records)
  • Pain and suffering
  • Loss of enjoyment of life
  • Loss of companionship
  • And more

Each of these “categories” can be quite substantial, but how much you’re able to recover depends on the particularities of your accident, as well as the unique losses that you sustained in the post-accident context. We encourage you to ask your attorney about these issues and other civil legal questions in Texas so that you can gain clarity and insight into what compensation you can access in your dispute.

It’s true that most legal disputes end in a settlement. In fact, industry observers estimate that as much as 95 percent (or more) of disputes are ultimately resolved through a settlement compromise. Settlements are a common way to resolve disputes without going to trial.

But why?

As a general rule, trial litigation tends to be:

  • Resource-intensive
  • Innately uncertain
  • Exhausting
  • Public

For example, if you are suing a local trucking company for an accident caused by one of their truck drivers, they might want to avoid litigation because they’re worried that news media will report on the lawsuit and their reputation will be tarnished. After all, if the trucking company’s safety record becomes a matter of public issue, then their business could be harmed considerably. To avoid this negative publicity, they would potentially be willing to offer a favorable settlement compromise.

All the lawyers I’ve talked to are really pushy about making a settlement happen. Is that the right approach?

Feeling pressured by lawyers to settle your case can be unsettling, especially when you’re trying to make the best decision for your situation. While settlements can be a practical solution, they aren’t always the best approach for every case. It’s crucial to make informed decisions and consider all your options before agreeing to a settlement.

First, think about your goals for the case. Are you looking for a quick resolution, or are you seeking justice and a fair outcome? Understanding your objectives can help you determine whether a settlement aligns with your needs.

Next, weigh the potential risks and benefits of settling. Settlements can save time and resources, but they may also result in a lower compensation amount than you might receive through a trial. It’s essential to discuss these factors with your lawyer and ensure you have a clear understanding of the implications.

It’s also important to remember that you have the right to attorney-client privilege. This means that your communications with your lawyer are confidential and protected. If you feel that your lawyer is not respecting your autonomy or providing the guidance and support you need, it may be time to seek a second opinion.

All the lawyers I’ve talked to are really pushy about making a settlement happen.  Is that the right approach?

While settlement is generally preferable to extended litigation (and trial), it’s typically better for your attorney to “prepare” for the possibility of trial, even if they are trying to make a settlement happen. By preparing for the possibility of trial, and pushing ahead as though they could potentially go to trial, your attorneys will position your claims more advantageously and may be able to leverage that position to secure a more favorable settlement.

Lawyers who push you too hard to settle without “working up” the case may not have your best interests at heart. So make sure that they comprehensively evaluate the strategic possibilities before settling.

If I’m partially at fault for my accident, how will that impact my ability to receive compensation under Texas law?

If you’re partially at fault, then you can still recover damages under Texas law, so long as you are not 51 percent (or more) at fault. In other words, you cannot be more responsible for the accident than others — if so, then you’ll be restricted from securing any sort of compensation via your lawsuit.

Being partially at fault can raise various legal concerns that need to be addressed with the help of an attorney.

Now, if you’re 50 percent or less at fault, Texas law will allow you to sue and recover compensation. That being said, your recoverable compensation will be reduced by your percentage fault contribution. So, for example, if your damages claim is $100,000, and you’re 40 percent at fault for the accident, you would be entitled to recover $60,000 in compensation. It’s not ideal, sure, but it’s better than nothing!

Plaintiffs’-side attorneys — for personal injury and workplace-related claims — often offer legal representation on a contingency basis. While plaintiffs’-side attorneys can provide legal representation, they are also qualified to provide legal advice, ensuring you understand your rights and options. What that means is that they generally don’t cost anything upfront or out-of-pocket. Instead, they provide legal representation in exchange for a percentage cut of the compensation payout you receive. This can range from 25 percent at the low end to 40 percent or more at the high end.

In a contingency fee arrangement, you only pay if you “win” compensation. Otherwise, you can walk away without having any attorney fees whatsoever. That makes the cost of pursuing your legal claims a lot less burdensome, and you take on very little risk to do so. Best of all, contingency fees incentivize your attorney to efficiently and effectively maximize your total compensation — after all, the more you get paid, the more they get paid!

There is a time limit — in Texas, as in other states, there is a statute of limitations deadline that applies to each of your legal claims.  This deadline can vary based on the type of claim involved, but regardless of the particularities of the deadline, if you do not file a lawsuit before the deadline passes, then courts may automatically dismiss your claims on the basis that you abandoned or relinquished your right to compensation under the law.

Given how severe the consequences can be, it’s important to pursue your claims in a timely manner — and you can do so by connecting with an attorney and asking legal questions in Texas to gain clarity on what you need to do to move forward with the legal process.

For example, if you’ve been injured in a Texas car accident, and you want to sue the defendant through a negligence-based injury claim, then Texas law would give you two years from the date of injury to file your claims.  Failure to do so could result in the automatic dismissal of your claims, as discussed above.

Contact 1-800-THE-LAW2 for a Free Consultation

If you’ve been injured in an accident, or subjected to unreasonable conduct in the workplace, then you could be entitled to significant compensation under Texas law. Navigating the claims process isn’t always straightforward or easy, however, especially for a first-time plaintiff with no legal training and experience. That’s why we encourage you to get in touch with a qualified attorney as soon as possible.

Our network includes experienced attorneys from various states, including Texas, ensuring that you receive localized and relevant legal support.

Contact 1-800-THE-LAW2 for a free consultation with an experienced Texas attorney in our legal network. During the initial consultation, you’ll be able to discuss your case in detail and learn more about your strategic options. So pick up the phone and call us today to get started with your free case evaluation!

We look forward to assisting you.

Our offices are open 24 hours a day, 7 days a week, so we can assist you no matter when your accident occurs.

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