Texas Personal Injury Claims
Being a victim of a personal injury accident can be physically and emotionally overwhelming. On top of that, the legal process to pursue compensation can be complicated, especially in a state like Texas. That’s why it’s essential to understand the state laws for personal injury claims in Texas. In this blog post, we’ll dive deeper into the different types of personal injury claims and the laws governing them.
Types of Personal Injury Claims
Personal injury claims cover a broad range of accidents and injuries, including car and truck accidents, slip and fall accidents, dog bites, medical malpractice, and wrongful death. In Texas, the most common types of personal injury claims are car accidents, slip and fall accidents, and dog bites. Regardless of the type of accident, to pursue a personal injury claim, the victim must prove that the other party was negligent and caused their injuries.
Statute of Limitations
In Texas, the statute of limitations for personal injury claims is two years. This means that the victim has two years from the date of the accident to file a claim. If the victim fails to file within this time frame, they lose their right to pursue compensation. However, some exceptions may extend the statute of limitations. For instance, if the victim was a minor at the time of the accident, the statute of limitations does not begin until their 18th birthday.
Texas follows the comparative negligence rule. This means that in a personal injury claim, the court will determine the degree of fault for both parties. If the victim is partially responsible for the accident, their compensation will be reduced based on their degree of fault. For instance, if the victim was 20% responsible for the accident, their compensation will be reduced by 20%.
In Texas, damages caps restrict the amount of compensation a victim can receive for non-economic damages such as pain and suffering or loss of companionship. For instance, in medical malpractice cases, the cap for non-economic damages is $250,000 per healthcare provider or facility or $500,000 in total. However, there is no cap for economic damages such as medical expenses and lost wages.
Hiring a Personal Injury Attorney
Navigating the legal process for personal injury claims can be challenging, especially if you’re dealing with injuries and emotional distress. Hiring a personal injury attorney can help ease the burden and increase your chances of receiving the compensation you deserve. An experienced attorney can help gather evidence, negotiate with insurance companies, and represent you in court if necessary.
If you or a loved one has been a victim of a personal injury accident in Texas, it’s crucial to understand the state laws governing such claims. These laws include the types of personal injury claims, the statute of limitations, comparative negligence, damage caps, and the benefits of hiring a personal injury attorney. By being aware of these laws, you can make informed decisions and protect your legal rights.