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If you’ve been hurt because someone else was irresponsible or reckless, you deserve to be compensated for your injuries and suffering. We’re here to be the tough, West Texas attorney who fights for you.
No Fees Unless We Win
By working on contingency, we can offer compassionate and competent legal representation to our Texas neighbors without charging any upfront fees. You only pay if we win!
Table of Contents
Do You Have a Valid Personal Injury Claim?
A personal injury case arises when you are harmed physically, emotionally, or financially because of another party’s negligence, recklessness, or intentional misconduct. If you’re wondering if you have a valid claim, our Midland injury lawyers offer free case reviews to help determine your legal options.
Below are key factors that typically make up a valid injury claim:
- Someone Else’s Fault: Your injury must have been caused by another party’s negligence, recklessness, or intentional act.
- Proof of Injury: You’ll need evidence that you suffered harm, which may include physical injuries, emotional distress, or financial losses.
- Timely Action: Texas law limits how long you have to file a personal injury lawsuit, typically 2 years from the date of the injury. You can lose your right to compensation by missing this deadline.
- Damages: You must show that the injury resulted in damages, which can include both economic losses (medical expenses, lost wages, property damage) and non-economic losses (pain, suffering, emotional trauma).
If you’re uncertain about your case, the safest move is to talk to a lawyer. We’ll review your situation, explain your rights, and let you know if you qualify for compensation.
Types of Personal Injury Cases We Handle in Midland
If you don’t see your case type listed here, there is still a good chance we’ll be able to help. Contacting our Midland injury lawyers to find out is of no cost to you.
Why Choose Braker White For Your Midland Injury Claim?
When you’re facing the aftermath of an accident, choosing the right legal team can make all the difference in your recovery. Here’s why so many people in Midland and across West Texas turn to Braker White:
- Proven Results: With decades of successful verdicts and settlements, our attorneys have recovered millions for injured clients and their families. We’re proud of the reputation we’ve built in Midland for delivering results that truly change lives.
- Deep Local Roots: We’re not just attorneys—we’re part of this community. Our firm has been serving Midland and the greater Permian Basin for decades, giving us a strong understanding of local courts, judges, and the unique challenges West Texans face after serious accidents.
- 60+ Years of Combined Experience: Our team brings over 60 years of combined experience in personal injury law. That depth of knowledge means we know how to anticipate the tactics insurance companies use and how to build the strongest possible case on your behalf.
- Compassionate, Personalized Representation: At Braker White, you’re more than just a case number. We take the time to listen to your story, understand your goals, and tailor our strategy to meet your needs. Our team is committed to providing the support and guidance you deserve from start to finish.
- No Fees Unless We Win: We believe everyone deserves access to justice, regardless of their financial circumstances. That’s why we offer free case reviews and work on a contingency fee basis—you won’t owe us a dime unless we secure compensation for you.
When you choose Braker White, you’re choosing a trusted Midland personal injury law firm that combines proven results, local experience, and a client-first approach. We know this community, we know the courts, and we know how to win tough cases right here in West Texas.
What Compensation Can You Recover After an Accident in Midland?
After a serious accident, one of the biggest questions clients have is: “What compensation am I entitled to?” In Texas, the law allows injury victims to pursue different types of damages to help restore what you’ve lost and provide resources for your recovery. Depending on the facts of your case, you may be eligible for several types of compensation.
Economic damages are measurable costs related to injury. These commonly include:
- Medical expenses: Covers hospital bills, doctor visits, surgeries, medication, physical therapy, and future medical costs related to your injury.
- Lost wages: Compensates for the income you lost while recovering from your injury.
- Loss of earning capacity: If your injury affects your ability to work in the future, you can receive compensation for the reduction in your earning potential.
- Property damage: Covers the cost of repairing or replacing property damaged in the accident, such as your car.
Non-economic damages are more subjective and compensate for the impact of the injury on your life. These commonly include:
- Pain and suffering: Compensation for your physical pain and discomfort caused by the injury.
- Emotional distress: Covers psychological effects like anxiety, depression, and trauma resulting from the accident.
- Loss of enjoyment of life: If the injury prevents you from enjoying activities you used to do, you may receive compensation for this loss.
- Loss of consortium: Compensation for the impact of the injury on your relationship with your spouse, including loss of companionship and support.
Punitive damages are less common and do not apply in most cases. These are intended to punish the person or entity that caused your injury for particularly reckless or malicious actions, in order to discourage similar behavior in the future. Punitive damages are awarded in addition to economic and non-economic damages.
What Is Your Case Worth?
Every personal injury claim is unique, and there’s no single formula for determining case value. Several factors can influence how much compensation you may receive, including:
- Severity of your injuries and whether they lead to long-term disability or disfigurement
- Cost of medical care, both current and future
- Time missed from work and any impact on your future earning ability
- Degree of negligence, including whether multiple parties share fault
- Insurance coverage limits and the financial resources of the at-fault party
- Texas comparative negligence laws, which may reduce your recovery if you are found partially at fault
- Non-economic impact, such as emotional suffering and loss of quality of life
At Braker White, our personal injury attorneys in Midland thoroughly investigate every detail of your case to maximize compensation. We know how to calculate the true value of your claim and pursue every dollar you may be entitled to.
Proving Liability in a Midland Personal Injury Case
One of the most important parts of any personal injury case is establishing liability—in other words, proving that someone else is legally responsible for your injuries. In Texas, personal injury claims are built on the concept of negligence, and your attorney must demonstrate 4 key elements to hold the at-fault party accountable.
- Duty of Care: The at-fault party had a legal responsibility to act with reasonable care to prevent harm.
- Breach of Duty: The other party failed to uphold that duty, whether through reckless, careless, or intentional actions.
- Causation: The at-fault party’s breach of duty directly caused your accident or injury.
- Damages: You suffered measurable harm—such as medical bills, lost wages, pain and suffering, or other losses—because of the injury.
If even one of these elements is missing, your personal injury claim may not hold up. That’s why building a solid foundation of evidence is essential. Police reports, medical records, witness statements, and expert testimony often play a key role in proving liability.
Comparative Fault in Texas: What If You’re Partially Responsible?
Texas uses a modified comparative negligence rule, sometimes called the 51% Bar Rule. This means:
- You can still recover compensation if you were partly at fault for the accident, but your award will be reduced by your percentage of fault.
- If you are found 51% or more at fault, you cannot recover compensation at all.
For example, if you are awarded $100,000 but are found 20% responsible for the accident, your recovery would be reduced to $80,000.
Insurance companies often try to shift blame onto injured victims to reduce or deny payouts. That’s why working with a Midland injury attorney who understands both liability and comparative fault is so important. At Braker White, we dig deep into the facts, fight back against unfair blame, and build strong cases designed to maximize your potential recovery.
What to Expect in a Personal Injury Lawsuit
While every case is unique, here’s an overview of what you can expect when pursuing a personal injury claim in Midland:
1. Free Consultation
Your first step is meeting with our team for a free case review. We’ll listen to your story, explain your rights, and give you honest guidance about your options and the potential value of your claim. There’s no obligation—just clear advice tailored to your situation.
2. Investigation
If you decide to work with us, we’ll launch a thorough investigation. This may include reviewing accident reports, medical records, witness statements, photos, videos, and consulting with experts. Our goal is to build the strongest possible case on your behalf.
3. Filing Your Claim
Once we’ve gathered enough evidence, we’ll formally file your claim in the appropriate Texas court. This filing outlines your injuries, the other party’s responsibility, and the compensation you’re seeking.
4. Discovery and Pre-Trial Procedures
During discovery, both sides exchange information. This can include written questions, document requests, and depositions. We’ll handle this process for you and file pre-trial motions if necessary to protect your rights.
5. Settlement Negotiations
Most personal injury cases in Midland are resolved before trial. We’ll negotiate aggressively with the insurance company to help secure a fair settlement that reflects the full extent of your damages.
6. Trial (If Necessary)
If a settlement can’t be reached, we’ll take your case to trial. Both sides present their evidence, and a judge or jury decides if you are entitled to compensation and how much. While trials are rare, our attorneys are fully prepared to fight for you in court.
7. Post-Trial & Appeals
If you win, the at-fault party is legally obligated to pay the compensation awarded. In some cases, additional steps may be needed if payment is contested. Either side can appeal the verdict if they believe legal errors were made, which can extend the process.
At Braker White, we guide you through every step with compassion and determination. Our 60+ years of combined experience give us the insight to anticipate challenges, push back against insurance companies, and fight for the best possible outcome for your case.
How Long Do You Have to File a Texas Personal Injury Claim?
In Texas, the statute of limitations for most personal injury claims is 2 years from the date of the accident. This means you generally have 2 years to file a lawsuit against the at-fault party. Missing this deadline usually means losing your right to pursue compensation, no matter how strong your case may be.
There are limited exceptions, but waiting too long can put your claim at risk. Evidence can disappear, witnesses’ memories can fade, and insurance companies may use delays to their advantage.
If you’ve been hurt in Midland, don’t wait. Contact Braker White as soon as possible so we can protect your rights and start building your case.
Steps to Take After an Accident in Midland
The steps you take immediately after an accident can make a big difference in both your health and your potential injury claim. Protect yourself and your rights by following these important guidelines:
- Get Medical Care Right Away: Your health comes first. Even if your injuries seem minor, it’s important to be examined by a doctor. Some injuries don’t always show symptoms right away. Prompt treatment also creates medical records that connect your injuries to the accident.
- Report the Accident: Make sure the accident is officially reported to the proper authority. Having an official report strengthens your claim.
- Gather and Preserve Evidence: If you’re able, take photos or videos of the accident scene, your injuries, and any property damage. Collect names and contact information from witnesses. Keep copies of all medical records, bills, and accident-related expenses. These details can be crucial when proving liability.
- Be Cautious with Insurance Companies: Insurance adjusters may contact you quickly, but their goal is often to minimize payouts. Avoid giving recorded statements or accepting settlement offers without speaking to an attorney first.
- Contact a Personal Injury Attorney in Midland: An experienced lawyer can guide you through the process, protect you from insurance tactics, and fight for the full compensation you may be entitled to. At Braker White, we offer free consultations and only get paid if we win your case.
Put An Award Winning Lawyer On Your Side!
What Our Midland Injury Lawyers Do for You
After an accident, you may feel overwhelmed by medical bills, missed work, and pressure from insurance companies. Having an experienced attorney on your side can level the playing field and give you the best chance at recovering full and fair compensation. Here’s how the team at Braker White supports injury victims across Midland County:
- Case Evaluation & Guidance: We offer free consultations, where we review the details of your accident, explain your legal options, and give you an honest assessment of your case’s potential value. With our robust experience, we know how to identify the strengths in your claim and anticipate challenges.
- Investigating & Building Your Claim: Strong cases are built on strong evidence. Our attorneys gather and preserve crucial proof to clearly show the other party’s negligence and the impact of your injuries.
- Dealing with Insurance Companies: Insurance adjusters are trained to minimize payouts. We take over all communication with them so you don’t have to worry about being pressured into a lowball settlement. Our team knows what similar cases in Midland have settled for, and we fight to make sure you’re offered fair compensation.
- Negotiating Settlements & Going to Trial: Most personal injury cases are resolved through negotiation, but if the insurance company won’t play fair, we’re prepared to take your case to trial. Our lawyers have extensive courtroom experience and won’t back down when it comes to protecting your rights.
- Seeking Maximum Compensation: From economic damages like medical bills and lost wages to non-economic damages like pain, suffering, and emotional distress, we work to ensure every aspect of your loss is accounted for.
A skilled Midland personal injury lawyer doesn’t just handle paperwork—they fight for your recovery, protect you from insurance companies, and give you peace of mind while you focus on healing.
Midland Personal Injury FAQs
- Seek Medical Help: Get medical attention right away.
- Report the Accident: Notify the police or relevant authorities.
- Gather Evidence (if able): Take photos, collect witness info, and document the scene.
- Contact a Lawyer: Consult an injury attorney in Midland for guidance.
In Texas, you generally have 2 years from the date of the injury to file a claim.
Fault is determined by evaluating evidence such as police reports, witness statements, and expert testimony to establish negligence.
- Economic Damages: Medical bills, lost wages, and property damage.
- Non-Economic Damages: Pain and suffering, emotional distress, and loss of enjoyment of life.
- Punitive Damages: In cases of gross negligence or malicious conduct.
The value of your personal injury case depends on the severity of your injuries, medical expenses, lost income, and other case-specific factors. A lawyer will be able to provide an estimate for potential compensation based on the unique details of your case.
The timeline varies; some cases settle quickly, while others can take months or years, especially if they go to trial.
If the insurance company offers you a settlement, do not accept it without close examination. It’s highly advisable to consult with a lawyer before accepting any settlement to ensure it adequately covers your damages.
Remember: Insurance companies are for-profit businesses and their goal is to pay out as little as they can. Most initial settlement offers are low-ball offers intended to get you to settle quickly for less than you may be entitled to.
In Texas, you can still recover damages if you are 50% or less at fault, but your compensation will be reduced by your percentage of fault.
Most personal injury cases settle out of court, but if a fair settlement cannot be reached, your case may go to trial.
To prove your injuries were caused by the accident, you need to provide medical records, accident reports, expert testimony, and other evidence that clearly links your injuries to the accident.
Avoid making statements to insurance companies without a lawyer, posting about the accident on social media, or delaying medical treatment.
While not mandatory, a lawyer can help maximize your compensation and navigate legal complexities.
It’s best to hire a personal injury attorney as soon as possible after an accident. An experienced lawyer can protect your rights from the start, handle communication with insurance companies, gather valuable evidence before it’s lost, and help ensure your claim is filed within Texas’s strict deadlines.
At Braker White, there are no upfront costs. We work on a contingency fee basis, meaning you only pay if we win your case. Your initial consultation is free, and our fee is simply a percentage of the settlement or verdict we recover on your behalf.
Move Forward With a Trusted Midland Personal Injury Lawyer
An accident can change everything in an instant, but you don’t have to face this difficult journey alone. Our attorneys have spent decades standing up for West Texans and helping them rebuild after life-changing injuries.
We treat every client like family, and our mission is simple: fight for the justice you deserve while giving you the compassionate support you need along the way. With a free consultation and no fees unless we win, you can trust us to put your best interests first from day one.
Contact Braker White today to speak with a dedicated Midland personal injury lawyer and take the first step toward protecting your rights, your recovery, and your future.