Suffering an injury after being involved in an accident that was caused by the irresponsible actions of another can be devastating. Thankfully, you’ll be able to pursue a personal injury claim against them that will allow you to obtain the compensation you need to cover your losses in their entirety.
There are quite a few injury laws in Texas that you’ll need to be aware of before you make the decision to move forward with your claim. Below, we examine the state’s statute of limitations and negligence laws and the ways that these laws will impact your claim. Continue reading so that you can better prepare for your upcoming lawsuit.
File Your Claim Within the Statute of Limitations
Probably one of the most critical aspects of a personal injury claim is making sure to file your civil suit before the statute of limitations runs out in your case. If you fail to file within this timeframe unfortunately you will be barred from moving ahead with your claim.
For personal injury and medical malpractice lawsuits, you will have two years from the date that the incident occurred or from the date in which you were diagnosed with an injury that was directly caused by the accident.
It’s important to note that if the entity you’re suing is a government agency of any kind, whether that be a state office, the Texas Department of Transportation (TxDOT) or some other government entity, you will have just six months to get your claim filed.
How Texas Negligence Laws Will Impact Your Claim
Establishing liability is critical in personal injury claims- it’s the only way your claim can be successful. Modified comparative negligence laws allow those who are partially responsible for causing the accident to pursue recovery of their damages from the at-fault party.
The amount you are awarded, however, will be reduced based on the percentage of culpability you carry. For example, if you are deemed to be 15% at-fault and are awarded a sum of $25,000, you should expect to come away with $21,250.
You should also keep in mind that once you meet the 51% threshold for negligence, meaning you are found to be 51% or more liable for the cause of the accident, you will no longer be able to pursue compensation for your losses, and could even find yourself on the receiving end of a personal injury claim if the other involved party suffered injuries.
Get Help from a Texas Personal Injury Lawyer
If you’re ready to reclaim control of your life by filing a personal injury claim against the person or persons responsible for causing your injuries, a personal injury law firm in Texas can help you. Any reputable firm will offer you a free case review to discuss the details of your incident. Take advantage of this opportunity and prepare to obtain the compensation you deserve.