Pablo Luna
@tingeyinjurylawfirm
It’s no secret that the law is a complicated thing. Written in antiquated Latin-based English and rewritten multiple times over the years to close up any loopholes that were exploited and reinterpreted over time as our understanding of society and culture has changed. The following will provide a basic groundwork to help you understand just one type of law—personal injury law—within just one location: Texas. We’ll also cover a few guidelines to help you better navigate these laws and regulations to ensure that you are putting your best foot forward when it comes to your lawsuit.
Why Does This Information Only Applicable To Texas?
The law varies from state to state, and even in situations where the law is word-for-word the same between two states, it might be interpreted differently between state lines. Over the years, previous judges have made decisions that create precedents (meaning examples that other judges will follow later on). These precedents can vary drastically between states, especially when it comes to ideas about fault and blame in situations.
What Is Personal Injury Law?
Personal injury law is a type of law that focuses on scenarios and incidents where one or more people were personally injured by one or more other people or a corporation. The injury in question can take many forms, including anything that violates an individual’s rights, not necessarily something that causes a broken arm or leg. The cause of personal injury can vary widely as well. It might include anything from intentional harm due to road rage or negligence that resulted in the injury of someone who was alone. Because the term is so broad and might apply to so many different contexts, it’s always best to speak to a professional attorney who specializes in this kind of law if you’re considering undertaking a personal injury lawsuit in Texas. Make sure to go over how the below information applies to your particular situation with a lawyer.
Texas Has Shared-Fault Rules
In some personal injury incidents, the person the claim is filed against makes the case that the one who was injured is at least in part to blame for the injury. In these situations, the amount of compensation you’re entitled to changes. If it is determined that you are 15% at fault, 15% of the compensation won’t be granted. No matter what type of incident you experienced or who was at fault, you can expect the discussion of your own role in the accident to be discussed in a lawsuit.
You Have A Time Frame
All states have what is called a statutory limit on the amount of time you have to go to civil court and file a lawsuit after you’ve had some form of harm inflicted. This means that if you miss the deadline, you won’t be able to file the lawsuit anymore. In Texas, you have two years from the date of the injury to file the lawsuit in the civil court system. There are extreme circumstances that allow for an extension, but most of the time, this is rare.
If your injury was the result of negligence from a government agency or employee, the rules are different. In those situations, you have six months to file, and you’ll need to file a formal claim with the governmental unit, not with the civil court system.
It might also be worth noting that due to the coronavirus pandemic of 2020, many court systems are heavily strained, and dates are being pushed back. A bottleneck of cases has resulted from everything being shut down or slowed down due to lockdowns and additional precautions needed. You may want to file early to hopefully be seen in a reasonable amount of time.
There Is A Limit On Certain Types Of Damages
Texas has statutory limitations on the harms that occurred due to medical malpractice cases. In the majority of medical malpractice cases, non-economic (meaning compensating not for money lost but for pain, suffering, or other elements without monetary-value) compensations are limited to $250,000 per defendant and $500,000 in total.
Social Media Is Best Avoided
Remember when we said we were going to provide some other tips? Refrain from venting about your situation on social media. In fact, avoid social media altogether unless specifically instructed by your attorney. Anything you post, like, share, comment, or interact with can be used against you in the midst of a lawsuit. Sometimes something small like taking a picture of yourself at your nephew’s baseball game can make it seem like you’re not as injured as you said you were.
The above information should help you navigate the jargon-filled waters of personal injury lawsuits in Texas. Of course, every incident is going to be different, and this means that the best advice and information can only come from an experienced legal professional with access to the nuances of your case.
