PERSONAL INJURY ATTORNEYS IN EL PASO, TX

What is the Statute of Limitations for a Personal Injury Claim in Texas?

In the state of Texas, the statute of limitations for filing a personal injury claim is typically two years from the date of the injury. This means that you have two years from the time you were injured to file a lawsuit against the responsible party. Failing to file within this period could lead to your claim being barred, meaning you lose the right to seek compensation.

There are, however, certain exceptions to this rule. For instance, if the injured party is a minor or mentally incapacitated, the statute of limitations may be extended. Additionally, in cases where the injury wasn’t discovered immediately, the two-year period may begin on the date the injury was discovered or should have been discovered with reasonable diligence.

It is crucial to act promptly to preserve your right to compensation. Delaying can make it more difficult to gather evidence and may weaken your case. By consulting with our El Paso personal injury attorneys as soon as possible after your injury, you can ensure that all deadlines are satisfied and that your case is handled with the urgency it requires.

How to Prove Negligence in a Personal Injury Case

There are four key elements that must be established:

• Duty of Care: The first element is proving that the defendant owed you a duty of care. This means that the defendant had a legal obligation to operate in a certain way to avoid causing harm. For example, drivers have a duty to operate their vehicles safely and obey traffic laws, while property owners have a responsibility to keep the premises safe.
• Breach of Duty: Once a duty of care has been set, it must be shown that the defendant breached it. A breach occurs when the defendant fails to act with the level of care that a reasonable person would have exercised under similar occurrences. For instance, a driver who runs a red light or a store owner who forgets to clean up a spill promptly may be found to have breached their duty of care.
• Causation: The third element is causation. It must be revealed that the defendant’s breach of duty caused your injury. This can sometimes be a complex problem, especially if multiple factors contributed to the accident. For example, if you were injured in a car accident, it must be shown that the other driver’s actions were the direct cause of the collision and your resulting injuries.
• Damages: The final element is proving that you suffered damages due to the defendant’s actions. Damages can include medical costs, lost wages, pain and suffering, and more. Even if the defendant was negligent, there would be no basis for a personal injury claim without demonstrable damages.

Why Choose Our El Paso Personal Injury Lawyers

In personal injury lawsuits, some negligent parties will attempt to take advantage of claimants in personal injury cases by offering lowballed settlements, knowing full well that the injured person deserves more. 

That’s why strong representation is non-negotiable for injured parties wishing to receive a fair and just amount of compensation for the suffering they’ve endured. Our experienced El Paso lawyers can help navigate the legal complexities of your case by: 

• Help you prove your pain and suffering with sufficient evidence
• Negotiate with insurance companies and other parties on your behalf
• Ensure that you aren’t taken advantage of by larger insurers or companies
• Help you navigate the intricacies of court processes and proceedings
• Work to increase the total amount of compensation available to you
• Connect with resources when needed, such as eyewitnesses

Contact Our El Paso Injury Attorneys Today

Were you injured as a result of someone else's carelessness in El Paso, Odessa, or the surrounding area? At Spencer Trial Attorneys, we’re proud to be the trusted name in West Texas for personal injury claims. Whether you were injured in a car crash or suffered a slip-and-fall accident, our attorneys have the comprehensive legal knowledge you need to recover maximum compensation and take back your life. 

With hundreds of cases handled, you can trust our passionate legal advocates to fight tirelessly to obtain the justice and compensation you deserve for your pain and suffering. Our El Paso personal injury lawyers are here to serve the injured throughout West Texas. When you partner with us, you can trust our firm to hold negligent parties accountable for their actions, allowing you to relax and focus on your recovery. 

Ready to seek justice for your injury? Contact Spencer Trial Attorneys to get started with our El Paso personal injury lawyers.