Emotional Distress

This is common in catastrophic cases. Your own underinsured motorist coverage may apply, along with excess or umbrella policies, employer coverage, and claims against additional responsible parties. Texas UIM claims follow special rules requiring liability and damages to be established before the carrier owes payment.

Yes. Under Chapter 55 of the Texas Property Code, a hospital may file a lien if you were admitted within 72 hours of the accident, covering the first 100 days of hospitalization. Section 55.004 caps the lien at the lesser of those charges or 50% of your recovery. Liens are frequently reducible.

It can. A lump sum may disqualify you from needs-based programs such as SSI and Medicaid. A special needs trust or structured settlement can often preserve eligibility, but these must be arranged before the settlement is finalized. Raise it with your attorney early rather than after documents are signed.

Rarely, and almost never before Maximum Medical Improvement. Early offers in catastrophic cases are typically made because the insurer expects the value to rise once your prognosis is established. A settlement release is permanent, so care you need years later cannot be claimed afterward.

A life care plan is an expert report projecting every future medical and care cost across your life expectancy, prepared by a certified planner working with your treating physicians. It is the evidentiary basis for future medical damages. Without one, an insurer has no reason to pay for care you have not yet received.

Generally two years from the date of injury under Texas Civil Practice and Remedies Code § 16.003. Shorter deadlines apply to claims against government entities, often six months’ notice or less, and health care liability claims require pre-suit notice and an expert report. Minors generally have until two years after turning 18.

Not in ordinary negligence cases against private defendants — economic and non-economic damages are uncapped. Caps apply in specific situations: exemplary damages under § 41.008, medical malpractice non-economic damages under § 74.301, and claims against governmental units under § 101.023. Which cap applies can change your case strategy entirely.

A catastrophic injury permanently impairs your ability to work, live independently, or function as before. Common examples include traumatic brain injury, spinal cord injury and paralysis, amputation, severe burns, and organ damage. Texas has no single statutory definition, so the classification depends on medical evidence of permanent impairment rather than a fixed legal test.

You can still pursue a claim, but a treatment gap makes it harder. Insurers argue that a delay means you were not seriously hurt, or that something else caused your injury. Seeing a doctor as soon as symptoms appear, and explaining the fall, helps connect your injuries to the accident and supports your claim.

Not usually, but you should always report the fall to the property owner or manager and ask for a written incident report. That report creates an official record of when and where you fell. For falls on public property, notifying the responsible government office promptly matters because of shorter notice deadlines.

Yes, as long as you were 50% or less responsible. Texas follows modified comparative negligence, so your compensation is reduced by your share of fault. If you are found 51% or more at fault, you cannot recover. Insurers exaggerate victim fault, which is why legal representation protects your claim.

That may be a negligent security claim, a subcategory of premises liability. If prior crimes put the property owner on notice that a danger existed and they failed to provide reasonable security, they can be held liable for resulting harm. These cases turn on what the owner knew about the risk beforehand.

Usually not. Early offers are typically far below what your claim is worth and are designed to close the case before your full damages are known. Once you accept, you cannot reopen the claim. Have an attorney review any offer first so you understand whether it reflects fair value.

The Moudgil Law Firm handles slip and fall cases on a contingency-fee basis. You pay nothing upfront and owe no attorney’s fee unless we recover compensation for you. Our fee comes only from the recovery we secure, so there is no financial risk in getting your case evaluated.

Timelines vary widely. Straightforward claims may settle in several months, while disputed cases that proceed toward trial can take a year or more. Factors include injury severity, whether liability is contested, and the insurer’s willingness to negotiate fairly. Your attorney works to resolve your claim efficiently without sacrificing its full value.

Possibly. You have a case if the store knew about the hazard, created it, or should have discovered it through reasonable inspection, and failed to fix or warn you. Simply falling is not enough — you must prove the store’s negligence. An attorney can review surveillance footage and inspection logs to determine notice.

Slip and fall case value depends on injury severity, total medical costs, lost income, and long-term impact on your life. Minor injuries settle lower, while serious falls causing surgery, permanent disability, or brain injury bring substantially higher recoveries. An attorney can estimate your claim’s value after reviewing your medical records and the facts.

While it’s possible to file a claim on your own, insurance companies often try to minimize payouts. A skilled personal injury attorney can handle negotiations, gather evidence, prove liability, and maximize your compensation.

The value of your case depends on factors like the severity of your injuries, medical costs, lost wages, future care needs, and pain and suffering. An attorney can help estimate a fair settlement based on your unique situation.

Texas follows a modified comparative fault rule. You can still recover damages if you’re less than 51% at fault. However, your compensation will be reduced in proportion to your level of responsibility.

In most cases, the statute of limitations for personal injury claims in Texas is two years from the date of the injury. However, exceptions may apply. It’s best to consult an attorney early to avoid missing critical deadlines.

After ensuring your safety, seek medical attention right away—even if injuries seem minor. Then, document the scene, gather witness contact information, and report the incident (to police, employer, or property owner). Contact a personal injury attorney as soon as possible to protect your legal rights.