When you have suffered an injury due to someone else’s negligence, it is important that you understand your legal rights and options. This article will provide an overview of Texas personal injury laws, including the types of damages available, the time limits for filing a claim, and how to find the right lawyer to help you with your case.
Table of Contents
What is a Personal Injury Claim?
A personal injury claim is a legal action that seeks compensation for injuries suffered by an individual as a result of another person’s negligence, gross negligence, or intentional actions. Personal injury claims can arise from a variety of situations, including car accidents, slip and fall accidents, medical malpractice, and defective products.
Types of Damages
The damages that may be available in a personal injury case include economic and non-economic damages. Economic damages are those that can be directly calculated, such as medical expenses, lost wages, and property damage. Non-economic damages, on the other hand, are more subjective and may include pain and suffering, emotional distress, and loss of consortium.
Statute of Limitations
Texas has a statute of limitations, which means that there is a time limit for filing a personal injury claim. In most cases, you must file your claim within two years of the accident or injury. If you fail to file within this time period, you may be barred from recovering any compensation. However, there are some exceptions to this rule, such as for minors or for cases involving fraud or intentional harm.
Comparative Fault
Texas follows a comparative fault system when it comes to personal injury claims. This means that a person who is partially responsible for their own injuries can still recover damages, but the amount of damages they can recover will be reduced in proportion to their level of fault. For example, if you were 50% at fault for an accident and the damages awarded totaled $100,000, you would only be able to recover $50,000.
Hiring a Personal Injury Lawyer
If you are considering filing a personal injury claim, it is important to find the right attorney to help you with your case. Look for a lawyer who has experience handling cases similar to yours and who is willing to take your case on a contingency fee basis. This means that the lawyer will not charge you any fees unless they win your case or negotiate a settlement on your behalf.
Conclusion
Understanding Texas personal injury laws is crucial if you have been injured and are considering filing a claim. Be sure to consult with an experienced attorney who can help you navigate the legal process and get the maximum compensation you deserve. Remember to file your claim within the statute of limitations in order to protect your legal rights and ensure that you have the best chance for success.