Every day, all over the world, people are injured through no fault of their own, and the circumstances could lead to the injured parties filing personal injury lawsuits. In such cases, the party who is injured will need to secure information about the specific rules in his or her state or province concerning personal injury lawsuits. The State of Texas has its own rules about personal injury laws, some of which are similar to other states and some that are specific to Texas. This article will look at some of this information that will be helpful to those who are planning to pursue a personal injury lawsuit.
Looking at Personal Injury Law in General
There are various ways in which a personal injury lawsuit will occur to people no matter where they live, such as being involved in a car accident. Another situation that could lead to a personal injury lawsuit is when a surgeon makes a mistake with the patient and causes harm to the patient’s body or mind. This would lead to a medical malpractice lawsuit when the person is made aware of the mistakes made by the surgeon or other doctor. Slipping on a wet floor or falling over merchandise in a store could lead to a personal injury lawsuit as well.
Looking at Personal Injury Law in Texas
Those who suffer personal injuries in the State of Texas will need to find out what the laws are in Texas regarding lawsuits for personal injury cases. The Uvalle Law Firm is located in Texas and provides a great deal of information to clients who are interested in finding out what they need to know about filing personal injury lawsuits. The thing to keep in mind about filing any personal injury lawsuit is that the injured party must be able to prove that the other party acted negligently or willfully and is at fault for what happened. That is why it is important to have an accurate record of everything regarding the personal injury case to avoid having the injured party fail to win his or her case.
Continuing to Look at Personal Injury Law in Texas
One of the first things to be aware of when filing a personal injury lawsuit is the statute of limitations in the state where the incident occurred. In Texas, the statute of limitations is two years from the date of the incident and injury. This means that, if the injured party fails to get the case filed during that time, any opportunity to have the lawsuit heard in a civil court will be gone. This also means that any chances of the injured party being awarded damages to help pay for any medical expenses will also be gone. Paying attention to the timeline of the incident or injury is very important for claimants to avoid losing their opportunity.
More about Personal Injury Laws in Texas
There are some personal injury matters where the statute of limitations will be different, such as a defamation claim lawsuit. In that case, the time is one year from the date of the incident. There are also some extenuating circumstances in which the time allowed could be extended for the claimant, but the claimant’s attorney will be able to guide him or her on that.
Texas employs a version of the shared fault rule known as the modified comparative negligence rule, which means that it is possible to find the claimant partly at fault. Any percentage that the claimant is found to be at fault for what happened will be deducted from any damages awarded. If the claimant is found to be 40 percent at fault, and the damages comes to $100,000, he or she would only receive $60,000.
Other Information about Personal Injury Laws in Texas
Regarding the comparative negligence rule, if the claimant is found to be more than 50 percent at fault for what happened, he or she will not be awarded any damages in the case no matter how badly they are injured. This means it is imperative for the claimant to hire a good law firm or attorney who is able to find every possible avenue to help his or her client win. It also means that the claimant must be certain of the defendant being the guilty party in the incident that occurred. Providing the attorney with every detail of what caused the personal injury is critical for the success of the lawsuit, even if those details don’t seem important to the case.
More Information That May Be of Value
Another thing to keep in mind about personal injury lawsuits is what happens after winning a case, especially regarding the payment of the damages. A claimant could win his or her case, but if the defendant does not have the funds or the insurance to cover it, the claimant still won’t be able to collect anything.
An award is only as good as the insurance company that has the finances to cover the damages. Otherwise, the successful lawsuit is a hollow victory. After discussing the possible outcome of a lawsuit, it may turn out that it is useless to even waste the time and effort pursuing the lawsuit.
Final Thoughts about Personal Injury Law in Texas
The damages that are awarded in a personal injury case are economic damages, such as for wages lost because of the incident, and non-economic damages, such as for pain and suffering. There is a cap on the damages awarded in a state, such as $250,000 per individual in Texas and $500,000 at the maximum for non-economic damages. However, for medical malpractice lawsuits, the damages could be as much as $2 million when indexed for inflation. The economic damages will be calculated according to what the claimant actually lost due to the incident or injury. It should be encouraging to a claimant if an attorney or law firm takes the case because that means the lawyer thinks the case has a fair chance.