Texas Personal Injury Laws. In the event that you decide to file any kind of personal injury claim in the state of Texas, it’s important to note that there are multiple state laws that could end up affecting your case itself.
Every state has implemented some type of statutory limits, commonly referred to as “statute of limitations,” on exactly how much time you have to file a suit in civil court after suffering an injury. These are deadlines that can vary depending on the type of case you want to file; however, Texas law states that the statute of limitations for personal injury cases provides you with a total of two years from the date of the injury itself for you to file a lawsuit in the civil court system.
It’s extremely important to come to an understanding with this mandate. This is because if you fail to file your suit before this window of time expires, the civil court system in Texas will more than likely refuse to hear your case, thereby eliminating your right to compensation. There is the possibility that the deadline could be extended under certain circumstances, but it’s recommended that you speak with an experienced personal injury attorney in regards to exactly how the statute of limitations applies to your specific situation.
Shared Fault
There are some personal injury cases in which the individual or business you’re filing a claim against will argue that you are actually to blame for what occurred, at least partially. In the event that you do share some degree of liability, it can likely end up affecting exactly how much you will be able to receive from other at-fault parties in terms of compensation. When it comes to shared fault injury cases, the state of Texas has implemented a “modified comparative negligence rule,” which means that the total amount of compensation that you’re able to receive will decrease by an amount that is equal to your overall percentage of fault. On the other hand, if it’s discovered that you’re more than 50% liable for the legal blame, you won’t be able to connect anything at all from other parties who are at fault. Courts in Texas are legally obligated to follow this rule when it comes to injury lawsuits that end up going to trial.
Caps on Injury Damages
There are also some states that have placed a limit on the different types of compensatory damages that an injured individual may be able to receive if their personal injury trial is successful. In the state of Texas, statutory limitations are only able to apply in cases involving medical malpractice. In most of these cases, non-economic damages are limited to $250,000 per defendant and $500,000 overall. In medical malpractices cases that involve wrongful death, a cap is indexed for inflation, totaling approximately $2 million or more.
Injury Claims Against the State Government
Texas Personal Injury Laws. If you have an injury case that potentially involves the liability of a government employee or entity in Texas, it’s worth noting that simply filing a lawsuit against the government is something that can’t be done. You will instead need to file a formal claim with the specific governmental unit involved. The claim must also be filed within six months of the incident taking place. The claim you file will need to include information such as a description of the injury or damage you suffered, where and when the incident occurred, and a summary account of what took place.