Texas follows stringent rules and regulations that govern personal injury lawsuits. Personal injury lawyers are responsible for determining justice for their plaintiffs, in court or as compensation between one or more parties. This article comprises some fundamental laws and liability rules that can affect a personal injury case in Texas.
Personal Injury statute of limitation
The statute of limitations depends on the details of the case and the unique circumstances which caused the accident. However, the Remedies Code and Texas Civil Practices generally lay down the limitations of a case. Still, in practice, it is the responsibility of a personal injury attorney to apply it rightly in the case.
Some of the statutes of limitations for personal injury cases in Texas are as follows:
- Wrongful death – 2 years
- General Personal injury – 2 years
- Assault – 2 years
- Medical malpractice – 2 years
- Legal malpractice – 2 years
In rare cases where children are involved, the limitation can be extended till the day the child turns 18 years or until they are legally recognized as an adult.
Texas Shared fault rules
In alternate terms, shared fault rules are also called proportionate responsibilities. According to these rules, if a person or business is held accountable for a part of the claim, they are liable for compensation only for their mistake. If multiple parties are involved in the claim, then compensation will be equally divided between the parties.
Types of damages under Personal Injury Lawsuit in Texas
According to personal injury laws in Texas, victims can file a complaint if the injury falls under these categories:
- Economic damages with a clear monetary value
- Non-economic damages with no clear monetary value
- Punitive damages due to reckless or malicious behavior
In broad terms, only lost wages and medical expenses fall under this category. Medical experiences can be claimed on hospital treatments, physical or rehabilitation therapy, scans, MRI and X-rays, and ambulance expenses. However, the victim’s injury attorney should prove the medical expenses are used only to treat the injuries caused by accident.
These are the damages that are difficult to quantify to the jury as it includes compensation related to mental suffering, loss of joy, loss of consortium, and emotional distress caused due to the accident.
Punitive damages can only be filed when there are actual damages caused to the victim, including medical bills, pain, and suffering, especially in wrongful death cases, loss of wages, and mental anguish. The best example for this claim could be drunk driving and wrongful death.