A personal injury can affect nearly every part of a person's life, from physical health and emotional well-being to finances and the ability to work. When another party's negligence causes an injury, pursuing compensation can also involve dealing with insurance companies, gathering evidence, and determining the full extent of the damages.
The Law Office of Shane McClelland is a Texas personal injury firm that represents individuals injured because of another party's negligence. The firm handles cases involving motor vehicle accidents, trucking accidents, motorcycle accidents, oil and gas industry accidents, slip and falls, brain injuries, and wrongful death.
Evaluating the Personal Injury Claim
The first step in handling a personal injury claim is understanding what happened and determining whether another party may be legally responsible. This can involve reviewing the accident circumstances, available evidence, injuries, medical treatment, and financial losses.
The Law Office of Shane McClelland emphasizes personalized representation and evaluates the circumstances of each client's injury. The firm also offers free case evaluations, allowing potential clients to discuss their situation before deciding how to proceed.
Investigating the Accident
A strong personal injury claim requires evidence that supports what happened and who was responsible. Depending on the case, this may include police reports, photographs, medical records, witness statements, video footage, accident reports, and other documentation.
The investigation may also involve examining evidence related to unsafe property conditions, vehicle crashes, workplace accidents, or other circumstances that caused the injury. Identifying the facts early can help preserve important evidence and clarify the issues involved.
Assessing Injuries and Damages
Personal injury compensation can involve more than immediate medical expenses. A claim may include damages related to medical treatment, lost income, property damage, pain and suffering, and other losses depending on the circumstances.
The firm states that it focuses on helping injured clients pursue compensation while providing personalized legal representation. This approach can be particularly important when an injury requires continuing treatment or affects a person's ability to work.
Handling Insurance Companies
Insurance companies may investigate a claim before deciding whether to make an offer. Their interests may not always align with those of an injured person, particularly when the claim involves significant medical expenses or long-term losses.
Having legal representation can allow communications and negotiations to be handled with the claim's legal and financial issues in mind. The Law Office of Shane McClelland describes its role as advocating for injured individuals and helping them deal with the challenges that can follow an injury.
Understanding Texas Deadlines
Texas law places time limits on many personal injury claims. Under Texas Civil Practice and Remedies Code § 16.003, a person generally has two years to bring a suit for personal injury or certain other specified claims, subject to exceptions.
Understanding applicable deadlines is important because waiting too long can affect the ability to pursue a claim. The appropriate deadline can depend on the facts, so an injured person should consider getting legal guidance promptly.
Pursuing a Fair Resolution
Not every personal injury case needs to go to trial. Depending on the circumstances, a claim may be resolved through negotiations or a settlement, while some cases may require litigation when a fair resolution cannot be reached.
Texas also follows a proportionate responsibility system under Texas Civil Practice and Remedies Code § 33.001, which can affect recovery when the claimant is found partly responsible for the harm. Evaluating potential responsibility and applicable defenses can therefore be an important part of preparing a claim.
Key Takeaways
- The Law Office of Shane McClelland handles various types of personal injury claims in Texas.
- The firm evaluates the circumstances and evidence surrounding an injury.
- Medical records and financial losses can help establish the extent of damages.
- Insurance negotiations may be an important part of pursuing compensation.
- Texas Civil Practice and Remedies Code § 16.003 establishes a general two-year limitation period for personal injury claims.
- Texas Civil Practice and Remedies Code § 33.001 addresses proportionate responsibility.
- Seeking legal guidance early can help preserve evidence and identify applicable deadlines.
