The Basics of Personal Injury Laws in Texas
Getting into an accident and acquiring personal injury can be a very traumatic experience for the victim and his family. The healing and recovery might take some time, it could just be weeks, but it could also be months or even years. For others, complete or full recovery is not possible. In cases where another caused the personal injury, may it be an individual, group or company; it is advisable to learn everything you can about the personal injury laws in the state as they may slightly vary from one another.
If you are a resident of Texas, or if the accident took place within the state, consulting a personal injury lawyer Corpus Christi is an option. You can read and learn everything for yourself, but when it comes to court proceedings, it is best to have an expert help you. Choose a lawyer with a good reputation and who is reliable and trustworthy. However, for the sake of knowledge, here is the necessary information you need to know about personal injury laws in Texas.
The Statute of Limitations
In simple terms, this is the limit on when you can file for a lawsuit after the injury happened. The limits vary from one state to another. The deadline to go to court may differ depending on the type of suit you will file. It is called the statute of limitations. In the state of Texas, the limit for personal injury cases is two years starting from the exact date the incident took place. Within those two years, you may file in the civil court system of the state. If you exceed the time frame for filing, the court will not accept or hear your case anymore; it will be completely invalid.
The Shared Fault Rule
As the name itself implies, the shared fault rule states that two or more parties involved in the accident caused the personal injury. It is possible that the defendant is at fault, but the victim is also partially at fault. If the court determines that this is the case, the compensation you will receive will have our percentage fault deducted. If the court determines that you are 15 percent at fault, then they will decrease 15 percent from the total compensation you will receive, meaning you will only receive 85 percent of the full settlement.
Injury Damages Caps
There are some states just like Texas which puts on limits on the kinds of damages the victim can receive after succeeding on trial. In the state of Texas, these limitations on damages are only applicable to medical malpractice cases. For these cases of medical malpractice with non-economic damages, the limit is $250,000 for each defendant and $500,000 in total. For medical malpractices which involve death, it is now at $1.9 million.
Injury Claims Against the State Government
If you think the cause of your injury is a government employee or any government entity, remember you cannot file a lawsuit against the government. What you need to do is submit a formal claim within six months from the time of injury and make sure to write all essential details with regards to the damage.