Personal Injury Lawyer in West Texas

An injury caused by someone else's carelessness can upend your health, your income and your family's future. The Daspit Law Firm represents injured people and families across West Texas, with offices in Midland and El Paso. We treat every case as if it were our own, and we take the time to understand how the injury has affected you.

Types of Personal Injury Cases We Handle

Accidents on the Road

•       Car accidents

•       18-wheeler and truck accidents

•       Motorcycle accidents

•       Dealing with insurance companies

Workplace and Industrial Injuries

•       Workers' compensation

•       Non-subscriber work injuries

•       Oil field accidents and explosions

•       Plant and refinery accidents

•       Industrial accidents

•       Construction accidents

•       Tractor accidents

•       Maritime and offshore injuries

Injuries on Property and in the Community

•       Premises liability

•       Negligent security

•       Boat accidents

Medical, Product and Toxic Exposure Claims

•       Medical malpractice and pharmaceutical injuries

•       Product liability

•       Window blind cord strangulation

•       Transvaginal mesh lawsuits

•       Chemical exposure and toxic torts

•       Asbestos and mesothelioma

•       Property contamination

Serious Injury, Death and Group Claims

•       Catastrophic injuries

•       Wrongful death

•       Class action lawsuits

Business Disputes

•       Commercial litigation

What Is a Personal Injury Claim?

A personal injury claim seeks compensation from the person or company whose carelessness caused your injury. In most cases, you must show that the other party owed you a duty of care, breached it, and that the breach caused your injury and damages. That is called negligence. You do not need to prove "gross negligence." Gross negligence is a higher standard that applies to exemplary damages (see below).

Proportionate Responsibility in Texas

Texas uses a proportionate responsibility rule. A jury assigns a percentage of fault to everyone involved, including you. Your compensation is reduced by your percentage of fault, and if you are found more than 50 percent responsible, you cannot recover damages. That is why careful investigation and strong evidence matter.

What Compensation Can You Recover?

Damages in a Texas personal injury case fall into three groups.

Economic Damages

•       Past and future medical expenses, including rehabilitation

•       Lost wages and lost earning capacity

•       Property damage

Non-Economic Damages

•       Physical pain and mental anguish

•       Physical impairment and disfigurement

•       Loss of enjoyment of life

Exemplary (Punitive) Damages

Texas allows exemplary damages to punish gross negligence or intentional misconduct. They are subject to statutory limits. Texas also limits non-economic damages in medical malpractice cases, see medical malpractice.

Families who have lost a loved one may recover additional damages, see wrongful death.

How Much Is My Case Worth?

No honest lawyer can promise a number before reviewing the facts. The value of a claim depends on the severity and permanence of your injuries, your medical bills and future care needs, your lost income, how clearly fault can be proved, and the insurance coverage available. We will give you a realistic assessment after a free case review.

Why Choose the Daspit Law Firm

•       Personalized service from attorneys who know your case

•       A free and confidential case review 

•       Home and hospital visits for clients who cannot travel

•       Available 24/7, including nights and weekends

•       Offices in Midland and El Paso serving West Texas

What to Do After an Injury

•       Get medical care and follow your doctor's instructions.

•       Report the incident and take photos or video of the scene, injuries and property.

•       Collect names and contact information of witnesses.

•       Keep medical records, bills and a record of missed work.

•       Do not give a recorded statement to an insurer or sign a release before speaking to a lawyer.

Frequently Asked Questions About Personal Injury Claims in West Texas

How long do I have to file a personal injury lawsuit in Texas?

Generally two years from the date of the injury. Some claims have shorter deadlines (such as workers' comp and claims against government entities), and some, like claims by minors, can have more time.

Do I need to prove "gross negligence" to win?

No. Most injury claims require proof of ordinary negligence. Gross negligence is needed only to recover exemplary damages.

What if I was partly to blame for my accident?

You can still recover if you were 50 percent or less at fault, but your compensation is reduced by your percentage of fault.

Should I accept the insurance company's first offer?

Be cautious. Early offers are often made before the full extent of your injuries is known. Speak to a lawyer before accepting.

How much does it cost to hire a personal injury lawyer?

Consultations are free. Many injury lawyers work on contingency, which means no attorney's fee unless there is a recovery. Ask us how fees and costs work.

Will my case go to trial?

Most cases settle, but we prepare every case as if it could go to trial. If a fair settlement cannot be reached, we are ready to go to court.