Myths About Filing a Texas Personal Injury Claim

17th July 2023     Sophia Hogg

Myths About Filing a Texas Personal Injury Claim

Around 55 million individuals in the U.S. requested medical care in 2020 for accidental injuries, according to data the National Safety Council (NSC) cited. Recovering from a severe accident may be daunting, long, and costly. You have the right to hold the responsible party liable for any injuries you sustain, but it’s best to do so with the help of an experienced Texas personal injury lawyer who knows the ins and outs of personal injury law.

There are many myths about the personal injury claims process. Here we’ll dispel seven common misconceptions about filing a Texas personal injury claim.

7 Common Myths Surrounding the Personal Injury Claim Process 

Common myths that surround Texas personal injury claim cases include:

Myth #1: A Minor Injury Isn’t Enough to Seek and Recover Compensation 

False. You’re entitled to seek financial compensation from the responsible party regardless of how severe your injuries are. If you endured pain and suffering, sustained lost wages, and required medical care due to the accident, you’ll want to speak with an experienced Texas personal injury lawyer.

Myth #2: You Can Deal With the Insurance Company On Your Own 

False. Insurers are often extremely aggressive. Their priority is their financial interests and not doing what’s best for you and your loved ones. Further, insurance companies place a great deal of resources into hiring and training adjusters who develop strategies and tactics to limit payouts. After a severe accident, you should retain and be represented by a highly-skilled Texas personal injury attorney.

Myth #3: Every Settlement Offer Is Considerable 

False. While certain personal injury cases may result in considerable payouts, most settlements are fairly modest. The personal injury claims process enables the injured parties to seek and recover compensation from the negligent or reckless party to cover costs linked to the accident, such as:

  • Lost wages
  • Medical bills
  • Physical therapy
  • PTSD treatment

This means that claims involving minor injuries often result in settlement offers much less than claims involving significant injuries requiring lengthy hospital stays, ongoing medical care, and permanent disfigurement. Your Texas personal injury attorney will help you go over all the details of your case to determine the appropriate amount of compensation you should expect to get from the liable party.

Myth # 4: It’s Not Necessary to Visit a Doctor 

False. Following an accident, some types of injuries are noticeable and require medical attention right away. But, you may not believe your injury is serious enough to warrant a doctor’s visit. How strong your personal injury claim is will often rely on the quantity and quality of evidence to prove the physical, emotional, and financial toll the accident has had on your life. 

Visiting a doctor within a day or two after an accident will allow a doctor to evaluate you for those injuries that are often harder to detect, such as internal bleeding or concussions. It also enables them to create detailed documents regarding the extent, nature, and prognosis of your injuries. When you begin to prepare your personal injury claim, medical records like these will help corroborate your request for fair compensation. 

Myth # 5: You Don’t Require a Personal Injury Lawyer if You Have Insurance 

False. If the accident was not your fault, you shouldn’t have to use your own insurance at all.  Insurance companies will always try to give you as lowball of an offer as possible for your damages and losses. They don’t have your best interests in mind when they assess the accident details. Insurers might try to question your claim, such as how severe your injuries and sustained damages are.

You need to be careful what you say to insurers. They often use what you say against you in order to limit how much compensation they pay out to you. An experienced personal injury attorney in Texas will help you build a case for your accident that could potentially get you a far better payment.

Myth # 6: You Can’t Sue if You Were Partially Liable 

False. Many individuals believe that when they have a partial fault in an accident, they aren’t able to sue for losses and damages. This isn’t the case. In many states, you’re able to seek compensation for damages resulting from an accident, even if you were partially at fault. But, the amount of compensation you’ll receive could be decreased depending on the degree of fault you were at. 

In the state of Texas, things are done a little differently than in other states in regard to accidents. Texas goes by a modified comparative negligence guideline or rule. What this means is that even if you’re at fault partially for an accident, you still have the ability to sue for damages. But, if you were found to be more than 50% at fault, you won’t be able to recover any compensation.

Myth # 7: You’ll Always Recover Compensation for your Damages 

False. Unfortunately, you’re not always guaranteed to recover compensation for your losses or damages if you’re a personal injury accident victim. Texas will use modified comparative negligence to determine fault for losses and damages if you’re involved in a vehicle accident. If your personal injury case goes to court, how much compensation is awarded will depend on the details of the claim and the judge. For instance, comparative negligence will look at all involved parties’ percentage of fault in a vehicle accident.

If you believe the other driver is responsible for the accident, but you’re still found to be 30% at fault for the accident in court, this percentage of fault reduces your compensation. Now, if you’re found to be 51% (over half) or higher at fault for the vehicle accident, you’ll be deemed negligent in the state of Texas.

Why It’s Important to Hire a Skilled Personal Injury Attorney 

A reliable personal injury lawyer will not just understand the uncertainty and stress that comes with being injured, but they’ll also work hard to get their clients the victory they deserve. Most personal injury lawyers have years and years of experience in dealing with a variety of personal injury cases, from medical malpractice to car accidents. They’ll work hard to ensure you are compensated for your injuries adequately.

A skilled personal injury lawyer will take the time to listen to your side of the story. They’ll come up with a legal plan tailored to your specific needs and situation. They’ll offer you honest advice and guidance throughout the whole claim process. They’re committed to providing you and your family with the highest level of legal services possible. They know it’s a hard time for you and your whole family, and they will do everything possible to ensure your rights are protected. 

Contact an Experienced Personal Injury Attorney at Dale R. Rose, PLLC, Today 

Dale Rose, TX personal injury lawyer, fights aggressively to ensure you and your family secures the fair and full compensation you’re entitled to following an accident. He’ll answer any questions you have about the personal injury claims process. Whether you’re partially at fault for the accident or not, we’ll do our very best to get you the compensation you deserve.

We’ll provide you with a free consultation to assess your case and go over the details of your potential personal injury claim. Call us at (972) 634-ROSE (7673) or fill out our contact form today to begin the personal injury claims process.


Dale R. Rose

Personal Injury Lawyer

If you or someone you know has been injured in an accident, has been a victim of a workplace accident, or any other personal injury, Dale Rose is the best attorney for you in McKinney, Texas. With 25+ years of experience, Dale is committed to helping you get the compensation & justice you deserve.

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