When you’ve been injured in Texas, navigating the legal process can feel overwhelming. Unfortunately, misinformation often makes it harder for accident victims to understand their rights. At Gilman & Allison, LLP, we believe that knowledge is power – and clearing up myths can help you make informed decisions about your case.
Below, we address five of the most common misconceptions about personal injury law in Texas:
Myth #1: You can file a claim at any time after an accident.
Truth: Texas law imposes a strict time limit, known as the statute of limitations, on personal injury claims. In most cases, you only have two years from the date of your injury to file a lawsuit. Waiting too long can bar you from recovering any compensation, no matter how strong your case is.
Myth #2: You can’t recover damages if you were partially at fault.
Truth: Texas follows a rule called modified comparative negligence. This means you can still recover compensation as long as you are less than 51% at fault for the accident. However, your award will be reduced by your percentage of fault. For example, if you’re found 20% at fault, your recovery will be reduced by 20%.
Myth #3: Personal injury cases always go to trial.
Truth: The majority of personal injury claims in Texas are resolved through settlements, not trials. While we always prepare each case as if it will go before a judge or jury, settlements can provide quicker resolutions and help victims avoid the stress of trial.
Myth #4: You don’t need an attorney – the insurance company will treat you fairly.
Truth: Insurance companies are in the business of protecting their bottom line, not paying out full and fair compensation. Adjusters often use tactics to undervalue or deny legitimate claims. Having an experienced personal injury attorney ensures your rights are protected and that you pursue the maximum recovery possible.
Myth #5: Hiring a personal injury lawyer is too expensive.
Truth: At Gilman & Allison, LLP, we handle personal injury cases on a contingency fee basis. This means you pay nothing up front and we only get paid if we recover compensation for you. Our goal is to remove financial barriers so you can focus on healing.
Have Questions? We’re Here to Help.
If you or a loved one has been injured in an accident, don’t let misinformation keep you from getting the help you need. Our attorneys at Gilman & Allison, LLP are ready to fight for your rights and guide you every step of the way.
📞 Call our Houston office at (713) 224-6622 or our Corpus Christi office at (361) 357-8365 for a free consultation today.