Texas Personal Injury Laws And Statutes Of Limitations

Texas has its own set of personal injury laws and statutes of limitations that governs how personal injury cases are handled in the state. It is important to understand these laws and time limits in order to protect your rights and ensure that you receive proper compensation if you are injured in an accident.

Personal Injury Laws in Texas

Personal injury laws in Texas allow injured individuals to seek compensation for their losses if they are injured as a result of someone else’s negligence. Negligence refers to the failure to exercise reasonable care, resulting in harm to another person.

If you are injured in an accident caused by someone else’s negligence, you may be able to recover damages for the following:

  • Medical expenses, including hospital bills, doctor’s fees, and prescription drugs
  • Lost wages and future income
  • Pain and suffering
  • Property damage
  • Emotional distress

Statutes of Limitations in Texas

Statutes of limitations are laws that restrict the amount of time you have to file a lawsuit after an accident. In Texas, the statute of limitations for personal injury cases is generally two years from the date of the accident. However, there are some exceptions to this rule.

Exceptions to the Two-Year Statute of Limitations

There are certain situations that may extend or shorten the statute of limitations. Some of these exceptions include:

  • If the injured person is a minor, the statute of limitations may be extended until the minor reaches the age of 18.
  • If the injury was not discovered immediately, the statute of limitations may be extended until the injury is discovered.
  • If the defendant leaves the state, the statute of limitations may be extended until the defendant returns to Texas.
  • If the defendant is a government entity, the injured person may have to provide notice within a certain period of time before filing a lawsuit.

It is important to consult with a personal injury attorney if you are unsure about the statute of limitations in your case.

Comparative Negligence in Texas

Texas also has a comparative negligence law, which means that the amount of damages you can receive may be reduced if you were partially at fault for the accident. For example, if you were found to be 10% at fault for an accident, your damages may be reduced by 10%.

Damages Caps in Texas

In certain types of personal injury cases, there are caps on the amount of damages you can receive. For example, in medical malpractice cases, there is a cap of $250,000 on non-economic damages, such as pain and suffering.

Hiring a Personal Injury Attorney in Texas

If you are injured in an accident, it is advisable to consult with a personal injury attorney as soon as possible. An experienced attorney can help you navigate the legal system, negotiate with insurance companies, and ensure that you receive the compensation you deserve.

When choosing a personal injury attorney in Texas, look for someone with experience handling cases similar to yours. Be sure to ask about their track record and their approach to handling cases. Make sure you feel comfortable with the attorney and their staff, and that they are responsive to your questions and concerns.

Conclusion

Personal injury laws in Texas provide injured individuals with the ability to seek compensation for their losses due to someone else’s negligence. However, there are statutes of limitations and other laws that govern how these cases are handled. If you are injured in an accident, it is important to consult with a personal injury attorney to protect your rights and ensure that you receive proper compensation.

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