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Understanding Personal Injury Laws in Texas

Federal_Courthouse,_Austin,_TX_When you file a personal injury lawsuit in the state of Texas, there are a number of laws that will come into play at some point. We want to provide you a brief overview so you can understand what you should reasonably expect.

Statutory Limitations

You cannot wait forever to file a personal injury claim in Texas. In fact, depending on the type of lawsuit you wish to file, you may not have much time at all. When it comes to personal injury cases, you have two years from the date of injury to file your claim in court.

Shared Fault

In some cases, the court may look at shared fault. In other words, you are considered at least partially to blame for your injuries. You won’t be found guilty of anything, as you would in a criminal court, but you may see your award reduced by the percentage you are deemed to be at fault. Here’s an example.

You are rear-ended at a stop sign. The reason the car behind you rear-ended you is because your brake lights weren’t working. The jury in your trial finds that you are 50 percent responsible for the accident. Your damages add up to $50,000, but the judge will only award you 50 percent of that, or $25,000.

Award Caps

In Texas, there is a cap on the amount of damages a single person can receive. In most medical malpractice cases, for instance, the cap is set at $250,000 per defendant or $500,000 overall. If the malpractice results in death, the cap is more than $1.9 million.

Claims Against Government

If your injury occurred on government property, you cannot expect to file a lawsuit against the government. Instead, you will file a formal claim with the government unit. You only have 6 months to file this type of claim. An attorney can be of assistance when this happens to you.

Being injured in an accident is stressful enough, but understanding your rights when it comes to filing a lawsuit can add to that stress. If you have been injured in Austin, we are here to explain your rights under current law. Call us today for a free case evaluation and let us advise you of your options. Call now.

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