About Texas’s Personal Injury Laws | Personal Injury Attorneys in San Antonio
Personal injury claims are civil cases that allow victims of negligence (or intentional wrongdoing) to recover damages as compensation for their losses. If you were hurt in San Antonio in an accident or you have been harmed by another person’s negligence, you may be considering filing a personal injury claim to recover damages to offset your losses. But do you know about Texas’s personal injury laws, and how they work?
If you’re wondering, “How do personal injury claims work in Texas?” or, “How do I find the best personal injury attorney near me?” then the experts at Carabin Shaw are here to help. Read on to learn how personal injury claims work in Texas, find out how to contact a qualified personal injury attorney in San Antonio, and more.A Brief Overview About Texas’s Personal Injury Laws
Personal injury cases fall under the legal category of “tort law.” Put simply, tort law is the part of the civil justice system that covers losses, wrongs, or damages caused by the conduct, act or omission of one party to another party's body, property, rights, or reputation.
As with all personal injury claims, your attorney will have to prove both liability and damages in order for your case to be a success. However, there are some unique Texas rules that differ from the personal injury laws in other states, and these may have an impact your personal injury case, including:1. Statute of Limitations.
The statute of limitations on personal injury claims in Texas is two years. That means you have two years from the date of your accident or injury to file your claim.2. Shared Fault Rules.
Unlike some states, Texas has shared fault rules for personal injury claims. This means that, in some cases, even if another party’s negligence played a role in the accident, you may be found to be partially responsible for the accident as well. If it is determined that you do share some degree of liability, your damages will be reduced by the percentage by which the accident was your fault. For example, if you are found 10% liable, then the compensation you receive will be reduced by 10%. However, if you were more than 50 percent to blame for the accident, you cannot collect damages at all.3. When the Government is At Fault.
If your injury was caused by a government entity, you cannot file a lawsuit against the state government. Instead, you have to file a claim with the governmental unit you think was responsible, within 6 months of the incident. An attorney can help you determine which governmental unit you need to hold responsible in your claim.4. Caps on Damages.
In Texas, statutory limitations for damages only apply to cases involving medical malpractice. You may not collect more than $250,000 per defendant and no more than $500,000 in total.Ready to Find Out How a Lawyer Can Help? Call Us Today for a Free Consultation With an Expert San Antonio Accident Attorney
If you’ve been wondering, “How do I find the best personal injury attorney near me in Texas?” then look no further than Carabin Shaw. Our firm has represented injured Texans for more than two decades, and our attorneys have more than 200 years of combined legal experience. Our lawyers are passionate about helping victims, and we want to help you get the compensation and justice you are owed.
Our San Antonio accident attorneys offer all new clients a no cost, no obligation consultation. So call our San Antonio office today at 210-222-2288 to receive your free consultation with an expert personal injury attorney in San Antonio, and to find out how the attorneys at Carabin Shaw can help you find a path forward following your accident.