Important Personal Injury Laws in Texas
Every year, thousands of Texans sustain injuries due to another person’s negligence. When this happens, the injured party is capable of recovering damages if they sue and win their personal injury case. Every state has specific laws that govern different aspects of personal injury cases. If you or a loved one has been injured or killed in any kind of personal injury accident in San Antonio, it’s important that you understand the important personal injury laws in Texas.
At Carabin Shaw, we work hard to communicate with our clients and make sure they are aware of and know how certain Texas laws affect their case. This care for our clients is one of the many reasons we’re one of the first names to pop up when you’re looking for “top personal injury lawyers near me.”Statute of Limitations
One of the most important Texas laws to understand is the statute of limitations, which is essentially the window of time you have to file your claim. According to Tex. Civ. Prac. & Rem. Code section 16.003, the statute of limitations to file is two years from the date of your injury. If you don’t file within this timeframe, you are unlikely to be able to get any compensation for your injuries.
There are, however, some unique circumstances that can allow you to extend the timeline. Working with a lawyer is a good way to ensure you don’t miss any deadlines. To learn more, speak to experienced San Antonio personal injury attorneys.Shared Fault
Texas is a modified comparative fault state, which means that the plaintiff can be held a percentage at fault, and their compensation—known as “damages”—will be reduced accordingly. For example, if you were involved in a car accident, you could be found to be 10% at fault for the wreck.
If the San Antonio civil court was to award you $100,000 in damages, you would only receive $90,000 after your 10% reduction due to the modified comparative fault rules. Note that if you are found to be 51% or more at fault, you are unable to pursue damages. An attorney can answer any further questions you have about shared fault.Damage Caps
When San Antonio accident attorneys are pursuing compensation for your injuries, they are pursuing damages. These can be recoupment for costs with an exact monetary value like medical bills, car repairs, or lost wages (called “economic damages”) as well as compensation for things like pain and suffering or loss of enjoyment of life, that don’t have a direct dollar value (known as “non-economic damages”).
In Texas, a third type of damage that you can be awarded is punitive damages, which are given in instances where the defendant exhibited gross negligence. These are used to punish extreme recklessness. Punitive damages are capped, though, at either $200,000, or twice the amount of economic damages plus the amount equal to non-economic damages up to $750,000—whichever amount is greater. San Antonio personal injury attorneys can help if you think this applies to your case.
Another important damage cap to know about concerns medical malpractice. Under the Medical Malpractice and Tort Reform Act of 2003, you and your attorney can only sue a healthcare provider for a maximum of $250,000, and $500,000 for all facilities involved in your case. For further explanation, consult a lawyer.Your Best Advantage: The Experienced Attorneys at Carabin Shaw
Many laws can affect your case, which is why you want someone who knows the important personal injury laws in Texas. If you don’t have experienced San Antonio accident attorneys at your side, it could be detrimental to your case’s success. Our team at Carabin Shaw has worked hundreds of personal injury cases, so we have the experience you can count on. If you’ve been looking for “top personal injury lawyers near me,” you’ve come to the right place. Call us today at (210) 222-2288 for a free consultation with a lawyer.