Whether it involves car accidents, medical malpractice, workplace injuries, or slip-and-fall accidents, personal injury law is designed to give victims the ability to fight for fair compensation for their injuries and losses.
Because personal injury claims are governed by both state laws and the specific circumstances surrounding each case, personal injury law can sometimes be difficult to understand. By consulting with our Houston personal injury attorneys at C.Y. Lee Legal Group, you can gain a better understanding of your rights.
Here, we'll take a look at some of the most frequently asked questions about personal injury law in Texas, helping you understand the process, your rights, and what to expect when you file your claim.
What Is Personal Injury Law in Texas?
Personal injury law in Texas refers to the body of law that deals with civil lawsuits for injuries caused by the negligence, recklessness, or intentional misconduct of another party. It allows victims to seek compensation for their physical, emotional, and financial losses.
Personal injury cases can stem from a variety of accidents, including car crashes, falls, defective products, medical malpractice, and more.
Texas follows a negligence standard, meaning that to win a personal injury claim, the plaintiff must prove that the defendant's negligent behavior caused their injury. Negligence can involve failing to act reasonably under the circumstances or breaching a duty of care owed to the victim.
How Long Do I Have to File a Personal Injury Lawsuit in Texas?
In Texas, the statute of limitations for filing a personal injury lawsuit is two years from the date of the injury. This means that if you're injured in an accident, you have two years to file a lawsuit in court. If you fail to file within this time frame, you generally lose your right to seek compensation.
However, there are exceptions to the statute of limitations, such as cases involving injuries to minors or instances where the defendant can’t be located. It's always advisable to consult with an experienced personal injury attorney as soon as possible after an injury to make sure that you don't miss any critical deadlines.
What Types of Personal Injury Cases Can I File in Texas?
Texas personal injury law covers a broad range of accidents and injuries. Some of the most common types of personal injury cases in Texas include:
Car accidents: Injuries caused by car, truck, or motorcycle accidents due to negligent driving or faulty road conditions.
Slip and fall accidents: Injuries caused by hazardous conditions on someone’s property, such as wet floors, uneven surfaces, or poor lighting.
Workplace injuries: Injuries occurring on the job, including those caused by falls, machinery accidents, or exposure to hazardous substances.
Medical malpractice: When a healthcare professional fails to provide the standard of care, leading to injury or harm to a patient.
Product liability: Injuries caused by defective or dangerous products, such as malfunctioning vehicles, medical devices, or unsafe household items.
Dog bites: Injuries caused by a dog bite or attack, especially if the dog has a history of aggression.
Wrongful death: Claims made when a loved one dies due to someone else's negligence or intentional actions.
Whether you're harmed on the road by a reckless driver or you slip and fall due to a property manager's negligence, you can file a claim with an experienced Houston personal injury attorney.
Do I Need an Attorney for a Personal Injury Case in Texas?
While you're not required to hire an attorney to file a personal injury claim in Texas, it's highly recommended. Personal injury claims can be complicated, and handling the legal process without legal experience can lead to mistakes that could cost you compensation.
A skilled personal injury lawyer will:
Help you understand the value of your case.
Investigate and gather evidence.
Negotiate with insurance companies to get a fair settlement.
Represent you in court if necessary.
Hiring an attorney increases the likelihood of a favorable outcome, especially if you're dealing with significant injuries or complicated legal issues.
How Are Personal Injury Damages Calculated in Texas?
In Texas, damages in a personal injury case are calculated based on both economic and non-economic losses:
Economic damages: These include tangible financial losses, such as medical bills, lost wages, property damage, and any other out-of-pocket expenses directly related to the injury.
Non-economic damages: These are more subjective losses, such as pain and suffering, emotional distress, loss of enjoyment of life, and mental anguish.
In cases of gross negligence or intentional misconduct, the court may also award punitive damages, which are designed to punish the defendant and deter future wrongdoing.
What Is Comparative Fault in Texas?
Texas follows the modified comparative negligence rule, which means that if you're partially responsible for the accident, your compensation will be reduced in proportion to your degree of fault. If you're found to be 51% or more at fault for the accident, you'll be barred from recovering any compensation.
For example, if you were involved in a car accident and were 30% at fault, and the total damages amount to $100,000, you’d be eligible to recover up to $70,000 (the total damages minus your 30% share of fault).
What Should I Do After an Injury?
After an injury, the actions you take can significantly impact the outcome of your personal injury claim. Some steps to follow after an injury in Texas include:
Seek medical attention: Even if you don’t think you’re seriously injured, see a doctor right away. Some injuries may not be immediately apparent.
Report the incident: If your injury occurred at work, in a public place, or during a car accident, report it to the appropriate authorities or property owners.
Gather evidence: If possible, take photos of the accident scene, any visible injuries, and relevant details. Collect contact information from witnesses.
Consult an attorney: Contact a Houston personal injury attorney to discuss your case. They can help you understand your legal rights and options.
Avoid giving statements to insurance companies: Don't give recorded statements or accept settlements without consulting a Houston personal injury attorney, as insurers may try to undervalue your claim.
When you've been injured due to someone else's negligence, the last thing you want to worry about while you're recovering is how you're going to pay for medical costs or how an insurance company may undervalue you. Contact a Houston personal injury attorney today to give you peace of mind.
Can I Settle My Personal Injury Claim Without Going to Court?
Yes, many personal injury claims are settled without going to court. In fact, the majority of cases are resolved through settlement negotiations.
After an injury, your Houston personal injury attorney will likely attempt to negotiate with the at-fault party’s insurance company to reach a fair settlement. This allows you to receive compensation without the time, expense, and uncertainty of a trial.
If a fair settlement can’t be reached, your attorney can file a lawsuit and take the case to trial. However, even at this stage, there’s still a possibility of settling before the trial begins.
What Is the Role of Insurance in Personal Injury Claims?
Insurance plays a significant role in many personal injury cases. In car accident cases, for example, the at-fault driver’s insurance company may be responsible for compensating the victim.
However, insurance companies often seek to minimize payouts and may try to argue that the victim was partially at fault or that the injuries are less severe than claimed.
A Houston personal injury attorney can help you work through the insurance process, making sure that the insurance company doesn’t take advantage of you and that you receive a fair settlement.
How Do I Know If My Personal Injury Case Is Worth Pursuing?
Determining whether a personal injury case is worth pursuing depends on several factors:
Severity of injuries: The more serious the injuries, the higher the potential value of your claim.
Liability: If liability is clear and the other party is obviously at fault, your chances of winning a favorable outcome increase.
Evidence: Strong evidence, including witness statements, professional testimony, and documentation of damages, strengthens your case.
Insurance coverage: The defendant’s insurance policy and the extent of their coverage will affect the amount of compensation you can receive.
A Houston personal injury attorney can evaluate your case and advise you whether pursuing legal action is in your best interest.
Personal injury law in Texas is designed to protect individuals who have been harmed by the negligence or misconduct of others. While the legal process can be complicated, knowing the basics can help you make informed decisions about your case.
Contact a Houston Personal Injury Attorney Today
If you or a loved one has been injured in Houston, Texas, consulting an experienced Houston personal injury attorney at our firm is the first step toward seeking compensation. Contact us at C.Y. Lee Legal Group, PLLC today to schedule a consultation.
