Personal Injury Law in Texas

Were you hurt due to another’s negligence in Texas? If so, it may have far-reaching consequences such as a loss of wages or extensive medical treatment. Personal injury law allows an injured person to get damages if the responsible person acted recklessly. A personal injury attorney in Texas can help navigate the lawsuit to make sure you receive all of the compensation you deserve.

What Is Personal Injury Law?

Personal injury law in Texas relates to the legal process of getting compensation for an injury caused by someone else’s negligent behavior. These cases involve one party, the plaintiff, trying to seek financial compensation for expenses incurred and money lost as a result of the defendant’s reckless behavior. These cases involve both parties’ insurance companies and may even settle before proceeding to litigation.

Examples of Personal Injury Claims in Texas

Some personal injury claims are more common than others. However, almost any incident that ends with a physical or mental injury could qualify, depending on the circumstances.

A few of the most common personal injury claims are:

  • Car Accidents
  • Slip and Fall
  • Dog Bites
  • Medical Malpractice
  • Workplace Accidents
  • Burn Injuries

Most Common Injuries in Texas 

A 2017 Texas Injury Data Brief pins unintentional falls as a leading cause of injury in the state, especially among adults aged 65 and older. In 2015, there were nearly 140,000 fall injuries that required hospitalization. a year prior, more than 15 percent of falls resulted in hospital treatment for traumatic brain injuries. Then in 2018, motor vehicle traffic crashes caused the most injury related deaths, followed by firearms and drug poisonings, according to the Texas Department of State Health Services.

Steps in a Personal Injury Lawsuit in Texas

Once you determine that you wish to proceed forward with a personal injury action in Texas

A lawsuit begins when a complaint is filed with the court and served on the defendant. The complaint alleges your assertion as the plaintiff that the defendant’s negligent behavior resulted in damage to your body or mental state. As the process proceeds forward, you may have to go through depositions, independent medical evaluations and document production. This discovery process is lengthy and ends in either settlement or a court appearance.

Texas personal injury cases valued at less than $10,000 can be handled by a justice court, established in a precinct within your county. Cases of greater value up to $200,000 can be fielded by most of the state’s 236 statutory county courts. Only certain courts at this level are designed to handle personal injury cases with a value exceeding $200,000.

Texas Personal Injury Settlement

With most personal injury cases, insurance companies and injured parties prefer settlement negotiations rather than going to court for a trial. You may wonder how much you should seek in your settlement and factors that impact the final amount.

Settlement amounts in Texas can range widely depending on the severity of damages and the percentage of negligence attributed to each involved party. Say a traffic crash, where the other driver is 75% at-fault, deals you a broken arm upon collision. According to the Texas Hospital Association, the cost of surgery in Texas will run you about $97,500 on average. If there are any medical complications, that figure increases to $136,571 on average. Adding the cost of medications, specialist care, and vehicle damages can add $40,000 to your total damages. Then say, “non-economic” damages such as pain and suffering may contribute an additional amount valued at $25,000. While the pressure to manage a $200,000 cost may seem daunting, for example, a legal team will help you recover the $150,000 you are owed.

If the other party has insurance, the insurance company likely wants to settle out of court. In order to avoid leaving the final settlement decision to a jury. Settlements benefit injured parties as much as they do insurance companies. This is because accepting a settlement means you receive compensation sooner rather than later. Also, by going to court in TX, that means you risk not receiving any compensation at all.

Damage Awards in Texas

If your Texas personal injury lawsuit goes before a judge or jury, your legal team will be ready with a request for damages. In personal injury cases, there are three types of damage awards a court may order the defendant to pay to compensate you for the damage he or she inflicted.

Special compensatory damages reimburse you for things such as lost income, medical bills and insurance deductibles. You submit receipts proving these losses.

General compensatory damages are subjective. If you receive special compensatory damages, you may also collect general damages. If your injury was particularly painful, you might request that the judge order the defendant compensate you for the pain and anguish.

Punitive damages are the most rarely awarded and are up to the court. The judge or jury may determine that the defendant’s negligence was particularly heinous and the resulting injury to you was equally

In the state of Texas, there is typically no cap on personal injury claims. This includes damages such as mental anguish which can be hard to put a price tag on when figuring compensation. In medical malpractice suits, there are exceptions. Under Texas law, you will not claim more than $500,000 from a healthcare facility or more than $250,000 from a single doctor. If the government is responsible for causing you injury, you cannot file a suit for more than $100,000.

Statute of Limitations in Texas Personal Injury Law?

The injured party may have a set amount of time to file suit for a personal injury case. State law establishes statutes of limitation. Commonly, the plaintiff’s injury or discovery of the injury begins the statute of limitations. However, the latter factor is trickier, as the plaintiff will have to prove when the injury was first realized.

According to Texas law, you have the right to file a claim within two years from the date of your injury.

We recommend you speak with a personal injury lawyer for this matter. Don’t wait too long and miss out on receiving the compensation you deserve for your injury. 

Work With an Experienced Texas Lawyer

Pursue a personal injury claim in Texas against the responsible person if you are dealing with an injury caused by someone else. One of our experienced lawyers can help you navigate your personal injury claim.  We can even help you connect with an attorney across Texas state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

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