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If you’ve been hurt in an accident in Texas, you may be wondering: Can I sue for this? The answer depends on a few key factors, including how the injury happened, who was at fault, and what kinds of damages you’ve suffered. Scott Scherr and The Payne Law Group have helped injured people throughout the Brazos Valley recover compensation for everything from car accidents to dog bites. Here’s what you need to know about when and why you can file a personal injury claim in Texas.
What Is a Personal Injury Claim?
A personal injury claim is a legal action you can take when someone else’s negligence or wrongful behavior causes you harm. The purpose is to hold that person or business accountable and to recover money for your injuries and losses.
In Texas, a successful personal injury claim must show:
- The defendant owed you a duty of care
- They breached that duty through action or inaction
- Their breach caused your injuries
- You suffered actual damages (like medical bills, lost income, or pain and suffering)
If all four of those elements are present, you likely have a valid claim.
Common Situations Where You Can Sue for Personal Injury
There are many types of incidents that can lead to a personal injury lawsuit in Texas. Here are some of the most common:
Car Accidents
If you were injured in a crash caused by a careless driver, you can file a claim against their insurance company—or sue them directly if necessary. Texas follows a fault-based system, meaning the person who caused the accident is responsible for paying damages.
You may be able to recover compensation for:
- Medical expenses
- Lost wages
- Pain and suffering
- Vehicle repairs or replacement
Slip and Fall Accidents
Property owners have a duty to keep their premises reasonably safe. If you slip on a wet floor, trip over uneven pavement, or fall down unsafe stairs, you may have a claim for premises liability. These cases depend on whether the owner knew or should have known about the hazard and failed to fix it or warn you.
Dog Bites and Animal Attacks
Texas allows victims to pursue claims against dog owners under certain conditions. If the dog has a known history of aggression or the owner failed to control or restrain it properly, you may have grounds to sue. Dog bite injuries often result in permanent scarring, infection, and emotional trauma—especially in children.
Defective Products
If you were injured by a dangerous or defective product—such as a car part, appliance, medical device, or toy—you may be able to file a product liability claim against the manufacturer, distributor, or seller. These cases often involve:
- Design defects
- Manufacturing defects
- Failure to warn of risks
Texas law gives you the right to sue when a product doesn’t perform safely as expected and causes harm.
Workplace Injuries
While most work-related injuries are handled through workers’ compensation, there are situations where you can sue a third party (someone other than your employer). For example, if you’re hit by a subcontractor’s truck at a job site or injured by a defective piece of equipment, you may have a separate personal injury claim.
Types of Compensation You Can Seek
Personal injury compensation in Texas may include:
- Economic damages: Medical bills, lost income, property damage, rehab costs
- Non-economic damages: Pain and suffering, emotional distress, disfigurement, loss of enjoyment of life
- Punitive damages: In rare cases where the defendant acted with gross negligence or intentional harm
Every case is different, and the amount you can recover depends on the severity of your injuries, the available insurance coverage, and whether liability is clear.
Proving Liability in Texas
Texas follows a rule called modified comparative fault. This means that if you were partially at fault for the accident, your compensation will be reduced by your percentage of fault. If you’re found more than 50% at fault, you can’t recover anything.
That’s why it’s so important to have a law firm that investigates thoroughly and pushes back against unfair blame-shifting by insurance companies.
Deadlines to File a Personal Injury Lawsuit in Texas
Texas law gives you two years from the date of your injury to file a personal injury lawsuit. This deadline is called the statute of limitations. If you miss it, you could lose your right to seek compensation entirely.
There are some exceptions, such as cases involving minors or injuries discovered later, but it’s best to act quickly.
When to Call Lawyer Scott Scherr
You don’t need to face the legal system alone. If you’ve been injured due to someone else’s carelessness, talking to attorney Scott Scherr can help you:
- Understand your rights
- Preserve important evidence
- Calculate fair compensation
- Deal with insurance adjusters
- Avoid costly mistakes
Call Scott Scherr at The Payne Law Group Today
We’ve helped injured clients throughout the Brazos Valley get the compensation they deserve. If you’re wondering whether you have a case, contact Scott Scherr at The Payne Law Group for a free consultation. We’ll review the facts, explain your legal options, and fight to hold the responsible party accountable.