East Texas is known for its piney woods, friendly communities, and unique way of life. However, just like anywhere else, accidents happen here. When you are injured because of someone else’s negligence, the physical pain is often compounded by confusion about your legal rights.
Navigating the legal system can feel overwhelming, especially when you are trying to recover from an injury. Understanding the basics of personal injury law in Texas is the first step toward protecting your future. Whether you were hurt in a collision on I-20 or suffered a slip and fall at a local business, knowing how the law works empowers you to make informed decisions.
This guide breaks down the essentials of personal injury claims in East Texas, explains the types of cases we commonly see, and highlights why having a local legal team on your side makes a difference.
The Basics of Texas Personal Injury Law
Personal injury law falls under the umbrella of tort law. In Texas, these laws are designed to allow an injured person to seek compensation when another party’s wrongful actions caused them harm. The core concept here is “negligence.”
To win a personal injury case in Texas, you generally must prove four elements:
- Duty of Care: The other party had a responsibility to act safely (e.g., a driver must follow traffic laws).
- Breach of Duty: The other party failed in that responsibility (e.g., the driver was texting and speeding).
- Causation: That failure directly caused your injury.
- Damages: You suffered actual harm, such as medical bills, lost wages, or pain and suffering.
The Statute of Limitations
One of the most critical aspects of Texas law is the statute of limitations. In Texas, you typically have two years from the date of the accident to file a lawsuit. If you miss this deadline, the court will likely dismiss your case, and you will lose your right to seek compensation.
While two years might sound like a long time, building a strong case takes time. Evidence disappears, memories fade, and paperwork piles up. This is why acting quickly is vital.
Comparative Negligence
Texas follows a “modified comparative negligence” rule. This means you can still recover damages even if you were partially at fault for the accident, as long as your percentage of fault is not more than 50%.
However, your compensation will be reduced by your percentage of fault. For example, if a jury decides you were 20% responsible for a car crash and your damages total $100,000, you would receive $80,000. If you are found to be 51% or more at fault, you receive nothing.
Common Types of Personal Injury Cases in East Texas
At McKay Law, we handle a wide variety of cases. The geography and industry of East Texas often influence the types of injuries we see most frequently.
Car and Truck Accidents
With major highways like US-59 and I-20 cutting through our region, traffic accidents are unfortunately common. These aren’t just minor fender benders; high-speed collisions involving 18-wheelers or logging trucks can result in catastrophic injuries.
East Texas roads can be dangerous, especially during heavy rain or in construction zones. Proving fault in these accidents often requires analyzing police reports, dashcam footage, and witness statements.
Slip and Fall Incidents
Property owners in Texas have a legal duty to keep their premises reasonably safe for visitors. This area of law is known as premises liability. If a store owner in Tyler or Longview fails to clean up a spill, fix a broken step, or provide adequate lighting, and you get hurt as a result, they may be liable.
These cases can be tricky because you must prove the owner knew (or should have known) about the hazard and failed to act.
Workplace Injuries
East Texas has a strong industrial base, including oil and gas, logging, and manufacturing. These jobs carry inherent risks. While many workplace injuries are covered by workers’ compensation, Texas is unique because employers are not required to carry it.
If your employer is a “non-subscriber” to workers’ compensation, you may have the right to file a personal injury lawsuit directly against them. Additionally, if a third party (like a equipment manufacturer or a contractor) caused your injury, you might have a claim against them even if you are collecting workers’ comp.
Dog Bites
Texas follows a “one bite rule” in some contexts but generally holds owners accountable if they knew the dog was dangerous or if they were negligent in controlling the animal. Dog attacks can cause severe scarring, nerve damage, and emotional trauma, particularly for children.
Why Hiring a Local East Texas Attorney Matters
When you are fighting for fair compensation, you might be tempted to call a big firm from a major metroplex. However, there is distinct value in hiring a local attorney who knows East Texas.
Understanding Local Courts
Every court system has its own nuances. An attorney who regularly practices in East Texas courtrooms understands the local judges, the jury pools, and the procedural preferences of our specific counties. This local knowledge can be a strategic advantage when presenting your case.
Accessible and Personal Service
When you hire McKay Law, you aren’t just a case number. We live and work in this community. We are your neighbors. You can come to our office, sit down, and look us in the eye. We believe in providing personal attention to every client, ensuring you understand every step of the process.
Navigating Insurance Claims
Dealing with insurance companies is rarely easy. Adjusters are trained to minimize payouts. They may try to use your words against you or offer a lowball settlement before you know the full extent of your injuries.
For more information on how insurance regulation works in our state, you can visit the Texas Department of Insurance. While they provide oversight, they cannot fight your specific legal battle for you. That is where we come in. We handle all communication with the insurers so you can focus on healing.
Your Path to Recovery Starts Here
An injury can disrupt your life, your finances, and your peace of mind. You don’t have to face the aftermath alone. Understanding your rights under Texas law is the best way to ensure you and your family are protected.
At McKay Law, we are dedicated to fighting for the people of East Texas. We work on a contingency fee basis, which means you don’t pay us a dime unless we win your case.
Don’t let the statute of limitations run out on your claim. If you or a loved one has been injured due to someone else’s negligence, contact McKay Law today for a free, no-obligation consultation. Let us help you get the justice and compensation you deserve.
