In the State of Texas, personal injury lawsuits are civil lawsuits that are filed in order to recover damages stemming from physical or emotional injuries. If an individual is a party to a personal injury lawsuit, they are likely hurt and are experiencing a great deal of hardship in their life.
It is important to be aware that injured individuals have the right to recover compensation for their injuries, lost income, and other types of expenses that they incurred as a result of the incident. In Texas, personal injury lawsuits may involve numerous different types of legal issues.
Common examples of personal injury lawsuits in Texas involve:
- Car accidents;
- Medical malpractice;
- Workplace accidents;
- Slip and fall claims;
- Premises liability accidents;
- Intentional injuries, such as battery or assault;
- Injuries related to animals and pets;
- Injuries related to property damages;
- Any other case based on an individual’s negligence that results in injury.
The majority of personal injury cases result in a damages award to assist the plaintiff or injured party in their recovery. These types of cases may also involve insurance companies.
For example, in car accident cases, the defendant’s insurance company will likely be included in order to cover the damages to the plaintiff’s vehicle as well as their injuries. The majority of personal injury cases in Texas are resolved before a trial begins through a pretrial settlement.
If an individual has any questions about Texas personal injury law, they should consult with an attorney in Texas.
How Do I Sue for Personal Injury?
In order for an individual to recover from the injuries, they must file a lawsuit and establish that the other party, the defendant, is at fault for their injuries. Usually, a defendant is deemed to be at fault if they failed to act with reasonable care or if they acted negligently.
In many cases, a defendant will claim that the plaintiff was totally, or at least somewhat, at fault for the incident that led to their injuries. Texas uses the modified comparative fault rule.
This means that the amount of compensation an individual is entitled to recover will be decreased by an amount equal to the percentage of fault of the plaintiff. For example, an individual may suffer $100,000 of damages in a car accident, and the court or jury may determine that they were 25% at fault. If this is the case, their total recovery would be reduced to $75,000.
Under the modified comparative fault rule in Texas, if a plaintiff is determined to be more than 50% at fault for the incident that caused their injuries, they will be barred from collecting from other at-fault parties. Texas courts are required to follow this approach when calculating damages at a trial.
However, it is important to note that many personal injury lawsuits do not make it to a trial. Instead, these types of lawsuits often settle before a trial begins. The defendant’s fault could be relatively certain. In that case, the defendant’s insurance company will typically try to settle and jointly dismiss the lawsuit before trial.
Settlement negotiations are an important part of a personal injury lawsuit. A plaintiff should be careful to ensure that they are not being taken advantage of by the defendant’s insurance adjusters or legal representatives.
Typically, personal injury damages are estimated by calculating the total amount of:
- Past and future medical bills;
- Property damage;
- Past and future pain and suffering;
- Mental anguish; and
- Loss of income.
In Texas, there are two ways to compute the amount of past recoverable medical bills including:
- Calculating the total billed amount of medical bills minus the amount of bills written off by the medical provider;
- Computing the total of bills paid by the plaintiff to the medical provider plus the number of bills outstanding.
What Is the Cap on Personal Injury Damages?
Texas has a cap, or limit, on the amount of damages in certain types of personal injury cases. The medical malpractice damages cap is the most significant cap on damages in Texas.
In medical malpractice cases, a plaintiff is limited in the amount of non-economic damages they are allowed to recover. A plaintiff is limited to $250,000 for each doctor, healthcare provider, or healthcare facility that caused damages.
A plaintiff is not permitted to recover more than $500,000 in non-economic damages from all medical facilities that were involved. This means that the maximum amount a plaintiff can receive for non-economic damages in a medical malpractice lawsuit is $750,000.
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Is There Personal Injury Protection in Texas?
Yes, each individual has a duty of care to adhere to a standard of reasonable care while performing acts that could foreseeably result in harm to others. The duty of care that is owed to specific individuals will depend on the specific circumstances of each case.
Generally, a defendant has a legal duty to exercise the same degree of care that an ordinary, reasonable individual would under the same circumstances.
Are There Time Limits on Recovering for Personal Injuries in Texas?
Yes, Texas has a general statute of limitations for nearly all personal injury claims that is two years from the date of the incident. Statutes of limitations are laws that require an injured party to file their personal injury claim within a specific timeframe.
If the statute of limitations expires before an individual files their claim, they may be barred from bringing their lawsuit and recovering damages. These laws are intended to preserve evidence and reduce the likelihood of false claims being made against a defendant.
What to Expect From Your Civil Attorney?
Once an individual has retained a civil attorney, their attorney will manage all of the important aspects of their lawsuit. An individual’s civil attorney will do the following and possibly more including:
- Interviewing their client and other witnesses or parties to build their client’s case;
- Preparing for and conducting depositions of the client and other witnesses or parties to be used as testimonial evidence;
- Managing all correspondence with the other party’s attorneys and the court;
- Filing motions, briefs, and other documents with the court;
- Making a discovery plan and serving discovery requests to the other party;
- Hiring expert witnesses to testify about any technical or medical issues that concern the case;
- Engaging in settlement negotiations with the other party’s lawyers; and
- Presenting the case to a jury or judge.
It is always important for an individual to remember that, as the client, they have ultimate control over their lawsuit. A client can decide who to sue, when to file their lawsuit, and when to settle their lawsuit.
It is best, however, to defer to the judgment and experience of an attorney for any legal decisions and to heed their guidance regarding the overall strategy of the lawsuit. Many personal injury attorneys take cases on a contingency fee basis.
This means that they pay all of the bills associated with filing and handling the lawsuit, and they only get paid a percentage of the proceeds if their client wins in court or receives a settlement. This means that not having money available to pay for filing a lawsuit should not be a barrier to an individual obtaining legal counsel and recovering damages.
Do I Need a Lawyer for a Personal Injury Claim in Texas?
If you have been injured based on the actions or omissions of another individual or entity, you should consult with a Texas personal injury lawyer. As an injured person, you may not be in the best mindset to negotiate with hostile insurance adjusters, manage your property damage claim, or negotiate with your insurance company, all while trying to heal from your injuries.
A personal injury lawsuit would be difficult for you to handle alone, as they typically require expert testimony from medical professionals and other evidence. Your attorney will help you in many ways.These ways include settlement negotiations, managing complex legal case discovery, helping preserve your various records, and representing you in court if a trial becomes necessary.
