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Understanding State Laws for Texas Personal Injury Claims

Apr 20, 2023 | Consumer Information, Personal Injury

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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, oil rigs, 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.

 

Comparative Negligence

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%.

 

Damage Caps

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.

 

Walker Texas Lawyer

Not sure about your legal options? Our team can listen to your story and let you know what your options may be. There’s no cost to speak with us, and we’re available 24/7.

CONTACT HOUSTON’S PERSONAL INJURY LAWYER, WALKER TEXAS LAWYER FOR HELP

For more information, contact Houston’s accident law firm of Walker Texas Lawyer by calling (713) 552-1117.

Walker Texas Lawyer
3100 Timmons Ln Suite #401
Houston, TX 77027

Walker Texas Lawyer – Pasadena
4008 Vista Rd Suite #202B
Pasadena, TX 77504

Walker Texas Lawyer – Montrose
2238 Richmond Avenue
Houston, Tx 77098

Walker Texas Lawyer – Texas City (Walker Texas Lawyer Arena)
9300 Emmett F. Lowry Expressway
Texas City, Tx 77591

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Houston, Tx 77027

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Walker Texas Lawyer - (Montrose Location)

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Houston, Tx 77098

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Walker Texas Lawyer - (Pasadena Office)

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Pasadena, TX 77504

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Texas City, Tx 77591

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Areas We Serve

Walker Texas Lawyer is located in Houston, just off the southwest freeway near the corner of Edloe St and West Alabama St. We serve clients throughout Texas. Injured in a car, motorcycle, offshore, or industrial accident? We can help you get the compensation you deserve. The following are some areas we serve:

About Walker Texas Lawyer

James Walker - Walker Texas Lawyer James Walker is a Personal Injury Attorney in Houston, Texas. He has over 40 years of legal experience and has helped over 25,000 clients. This means he has demonstrated his extensive knowledge of legal procedures. He knows how to handle insurance companies. If insurance companies refuse to give you a fair shake, they will take the insurance companies to court. He knows the law inside and out. He knows what he’s doing.

Walker will try to settle your case without going to court. But if that doesn’t work, he is ready and prepared to take your case before a judge. He is Houston’s Personal Injury Lawyer for a reason; he will fight for you, seek the maximum compensation on your behalf, and make sure you get what you deserve after an accident.