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New Braunfels TX personal injury lawyerIf you have been injured and someone else is at fault, that person is likely responsible for paying your medical bills, and you can hold them accountable by filing a personal injury claim. However, even in the best-case scenario, it can take several weeks or months to settle a claim and receive the compensation you are entitled to. In the meantime, you may need significant medical treatment, and you may be concerned about how to cover the costs before you have the funds from a settlement or verdict.

Health Insurance and Subrogation

In most cases, an injury victim’s health insurance provider will pay for the costs of all covered medical and surgical expenses related to the injuries. This helps ensure that victims can get treatment when they need it without worrying about personal financial hardship. However, insurance providers are usually entitled to reimbursement for the benefits they pay through a process called subrogation.

This means that when an injury victim is granted compensation through a settlement or verdict, a portion of that compensation will go to the health insurance provider. Under Texas law, this portion is limited to the actual cost of the benefits provided minus the victim’s attorney fees, or half of the total recovery minus the victim’s attorney fees, whichever is less. This means that if your award includes any compensation for lost wages or pain and suffering, you should be able to keep that portion for yourself.


New Braunfels pedestrian injury attorneyEarly this month, a runner was killed in a hit-and-run incident in San Antonio near Loop 1604, contributing to an unfortunate pattern of serious injuries and fatalities among runners, joggers, and other pedestrians in Texas. Being hit by a car while running can cut your life short or alter it permanently, and it may be a challenge to recover the compensation you deserve. With this in mind, any precautions you can take to avoid being injured by a negligent driver are worthwhile.

Safety Tips for Texas Runners and Joggers

Whether you are an avid runner or occasional jogger, it is important to be aware of the risk of injury any time you are running near the road. You can better ensure your safety by doing all of the following:

  • Staying away from high traffic areas. Whenever possible, try to plan your running route to avoid busy roads. Sticking to jogging trails and residential areas can help you stay out of harm’s way. If you do need to include a busier road in your route, try to time your run to avoid rush hour when traffic is at its most dangerous.


TX accident lawyerFatal car accidents are an unfortunate reality in Texas, resulting in 3,610 deaths in 2019 alone. When a person dies in a car crash because of another driver’s negligence, the family members left behind by the deceased can choose to pursue a wrongful death claim against the at-fault driver to recover compensation. However, there are plenty of cases in which the at-fault driver dies in the accident or afterward. If you have been injured in an accident with another driver who is no longer living, you may be wondering what this means for your personal injury case.

Recovering Compensation From a Deceased Defendant

Fortunately, the death of the negligent party in a car crash does not make it impossible for other injury victims to obtain compensation for their damages. According to Texas law, a personal injury or wrongful death claim can be initiated against a deceased person’s estate if there would have been grounds for a claim against the person while they were living. This applies to cases in which the defendant dies before the claim is filed, as well as cases in which the defendant dies while the claim is pending, whether due to complications from the accident or any other reason.

That said, filing or continuing a claim against a deceased defendant can be complicated. In these cases, the estate executor or administrator for the deceased will act as the defendant, and this means that it may be necessary to review local probate court records to determine the appropriate party who will stand in. This may delay the proceedings, but an experienced attorney can help you determine the best course of action to move forward as efficiently as possible.


TX injury lawyerInjuries from car crashes and other accidents often have a major impact on all areas of a person’s life, including their finances, their physical and mental health, their work, and their personal relationships. Texas law recognizes the many hardships that injuries can bring, and when those injuries are caused by another person’s negligence, victims can pursue compensation for a range of damages. While money cannot reverse all of the effects of injuries, it is often the best way for an injury victim to obtain the relief they need to move forward with their life.

What Damages Can an Injury Victim Pursue in Texas?

In Texas, damages available through a personal injury claim generally fall into three categories. Two of those, economic and noneconomic damages, are often referred to together as compensatory damages, and they are quite commonly awarded. The third category, known as exemplary damages, is less common, as it requires a higher standard of proof. As you prepare to file an injury claim, here is what you should know about each category:

  • Economic damages refer to financial costs and losses related to the injury, and they are a part of every personal injury case. Most commonly, they include the costs of all of the victim’s medical expenses, including emergency and hospital care, surgery, medication, and rehabilitation. Economic damages can also include damage to the victim’s vehicle or other property, as well as lost income due to missed time from work or long-term disability. It is important to keep detailed records of all expenses related to your injury so that you have support for the compensation you are seeking.
  • Noneconomic damages refer to negative effects of the injuries that do not have a clear financial value. This includes physical and mental pain and suffering, permanent scarring or disfigurement, inconvenience in the victim’s daily life, and the loss of personal relationships and enjoyment of life. Testimony from the victim, their friends and family, and health professionals can help to make the case for noneconomic damages, and an attorney can help to determine and negotiate for an appropriate amount based on the nature of the case.
  • Exemplary damages, also known as punitive damages, are meant to penalize the negligent party rather than compensate the victim for losses. In personal injury cases, they are typically only awarded when the victim can demonstrate malice or gross negligence on the part of the defendant, and they are usually limited to a maximum of $200,000 or a figure calculated using the amount of compensatory damages awarded. However, this limit does not apply to cases involving intoxication assault, or manslaughter.

Contact a New Braunfels, TX Personal Injury Lawyer

At The Bettersworth Law Firm, we have the knowledge and experience necessary to advise you on the appropriate amount to pursue all relevant damages and to negotiate or litigate aggressively on your behalf to achieve a fair result. Contact a New Braunfels personal injury attorney today at 830-606-0404 for a free consultation.


TX injury lawyer

UPDATE: This blog was originally published on June 22, 2020. Since then, subsequent executive orders have definitively extended the tolling of the statute of limitations for civil cases to September 15, 2020, and granted judges the discretion to extend the deadline for filing through April 1, 2021. As the people of Texas cope with the unusual nature of court cases during the COVID-19 pandemic, The Bettersworth Law Firm will help you determine whether a personal injury lawsuit is possible for injuries you have sustained either recently or in the past few years.

On March 13, 2020, on the heels of Gov. Abbott’s declaration of disaster for the state of Texas, the state Supreme Court authored an emergency order tolling (pausing) all “service and filing deadlines” in civil cases until June 1. This means that any deadline for filing a lawsuit or serving process on a party to a lawsuit is extended until June 1 - usually a good thing for those contemplating filing suit - but there has been some confusion about just how far the order extends. If you are in a position to file a civil lawsuit, you need to be aware of what your position will likely be now that the statute of limitations is no longer being paused.


The sooner you call, the sooner we can build your case, secure evidence and get maximum compensation for your injuries.

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