If you suffer harm due to the negligence or intentional misconduct of another party, you have suffered a personal injury. Texas law allows you to file a lawsuit to obtain damages from the responsible party.
To obtain damages, your personal injury attorney must prove that the other party’s actions were the direct or proximate cause of the harm you suffered. If your lawyer can prove this, you will be awarded compensation to cover any financial loss you have suffered. Additionally, you may be awarded non-economic damages for pain and suffering.
Texas Statute of Limitations
The Texas Statute of limitations is about the same as many other states in the U.S. If you have suffered any type of personal injury, you have two years to file a lawsuit against the person responsible. This statute of limitations applies to physical injury, wrongful death, and property damage.
Texas Personal Injury Laws
Personal injury laws in Texas are similar to personal injury laws in most other states. However, some aspects of the law are unique to the state. You should know the following laws before filing a lawsuit:
- Shared guilt. texas uses modified comparative negligenceSo if you were partially responsible for the incident that caused you harm, your damage award is reduced by your percentage of liability.
- 51% bar rule. While the shared fault rule allows you to receive compensation even when you are partially responsible for the harm suffered, there is a limit. If a court finds that you are 51% or more responsible for your injury, you will not be able to receive any damages.
- Children have a different statute of limitations. Because a child is considered legally disabled in Texas, the statute of limitations does not begin until he or she becomes an adult. A child has two years after turning 18 to file a personal injury lawsuit.
- Obligation to care. Everyone has an inherent duty to avoid putting others at risk. However, people who provide professional services have a higher obligation to care and can be found responsible where ordinary citizens would not.
- Malicious behavior. In most cases, the responsible party is liable because they acted negligently. However, the jury can award punitive damages if it finds that the responsible party acted recklessly or maliciously rather than negligently.
How can a lawyer help you?
In most personal injury cases, regardless of who hurt you, the opposing party is an insurance company represented by experienced attorneys. It is almost impossible for the average person without legal training to counteract the legal advantage of the insurance company. That is why most people hire an attorney to file a personal injury lawsuit.
When you hire a lawyer, he takes the lead in all interactions with the insurance company. His attorney gathers evidence, negotiates a settlement, and represents him in court if negotiations fail.