Personal injury laws in Texas govern the legal framework for pursuing compensation when someone is injured due to the negligence or wrongful conduct of another party. Here are some key aspects of personal injury laws in Texas:
Statute of Limitations: In Texas, there is a statute of limitations that sets a deadline for filing a personal injury lawsuit. Generally, you have two years from the date of the injury to file a lawsuit. If you fail to file within this time frame, you may lose your right to seek compensation.
Modified Comparative Fault: Texas follows a modified comparative fault system, also known as proportionate responsibility. Under this system, if you are found to be partially at fault for the accident, your recovery may be reduced by the percentage of fault attributed to you. If your fault is determined to be 51% or more, you may not be eligible to recover any compensation.
Caps on Damages: Texas places caps on non-economic damages, such as pain and suffering, in medical malpractice cases. These caps are set at $250,000 for non-economic damages against individual healthcare providers and $500,000 for non-economic damages against healthcare institutions.
Dram Shop Liability: Texas has dram shop laws that hold establishments, such as bars and restaurants, responsible for serving alcohol to visibly intoxicated individuals who later cause accidents or injuries due to their intoxication. These laws allow injured parties to pursue compensation from the establishment in certain cases.
No-Fault Insurance: Texas is not a no-fault insurance state. Instead, it follows the traditional fault-based system, where the at-fault party’s insurance typically pays for the damages suffered by the innocent party. However, Texas law requires drivers to carry liability insurance to cover bodily injury and property damage.
Strict Liability for Dog Bites: Texas has strict liability laws for dog bites. This means that in most cases, dog owners can be held liable for injuries caused by their dogs, even if the dog had not shown prior aggression or the owner was not aware of the dog’s propensity to bite.
Joint and Several Liability: Texas follows a modified joint and several liability system. In cases involving multiple defendants, each defendant is responsible for their share of the damages based on their percentage of fault. However, if a defendant is found more than 50% at fault, they can be held jointly and severally liable for the entire amount of damages.
Statutory Damages in Certain Cases: Texas has statutes that allow for the recovery of additional damages in specific cases, such as when a defendant’s conduct is found to be grossly negligent or intentional.
It’s important to note that personal injury cases can be complex, and the specific requirements to bring forth a claim vary depending on the type of case and the applicable laws. It is recommended for injury victims to work with an experienced Texas personal injury lawyer who can guide them through the legal process, gather evidence, and build a strong case to maximize their chances of success.
When you’re ready to consult with an attorney who can provide you with guidance tailored to your situation, reach out to 1-800-Injured. Contact us, a medical and legal referral network, and we will connect you with a Texas personal injury lawyer to look at your case.