Did you know that Texas residents have the right to file a personal injury claim if they have been involved in an accident? A personal injury claim is usually filed if the injury sustained has negatively impacted an individual’s life in any way. This includes seeking monetary compensation for medical expenses, and damages to your vehicle. However, according to Louis Jaffe in “Damages for Personal Injury: The Impact of Insurance.” (Law and Contemporary Problems pg. 224) with the right attorneys it can also include seeking monetary compensation for other types of loss that are not necessarily economically based. Examples would be loss of confidence due to any disfigurement after the accident, lost wages, mental health issues that resulted from the accident, aggravation of older injuries, and loss of a family member.
What are Personal Injury Cases?
Personal injury cases are legal disputes that arise when a person suffers harm from an accident or injury that someone else might may be legally responsible for causing. At times claims can be resolved through informal settlement before any lawsuit is filed. At other times, a lawsuit is filed through civil court. In severe cases, an injury might have left a victim unable to work with chronic pain. Texas law allows to protects victims’ the right to file a personal injury lawsuit if involved in an incident that was someone else’s fault.
When Can I File A Lawsuit?
There is a set time limit which you must abide by when filing a personal injury lawsuit. A statue of limitations is a law which sets out the maximum time that parties have to initiate legal proceedings from the date of an alleged offense. Generally, you will have two years after the date of incident to file the lawsuit and make a claim. This means if you notice the effects of the accident a year later, you can still file a claim. Particularly, if it has started to impact your quality of life. If you don’t file the law suit within the two years, it is highly likely that your lawsuit will be rejected. Essentially, losing your right to compensation.
Should I File Suit?
You can file a personal injury lawsuit if you have sustained injuries in an incident that was not your fault. You may also file a personal injury lawsuit on an accident that was only partially your fault. According to sec. 33.001 proportionate responsibility, a claimant may not recover damages if his percentage of responsibility is greater than 50 percent. In Texas there are shared fault rules. This means that the person you are seeking damages off could claim you were partly responsible for the incident. While this may affect the level of compensation you receive, it will not stop you from making a claim. At times, the level of compensation you receive will be reduced based on the percentage that you are found to be at fault. However, we recommend you consult with an experience personal injury attorney to better understand your rights.
Are There Limits On Level Of Compensation?
According to tittle five of intergovernmental liability, in Texas, there is limit on damages. $1000,000 if the accident occurred during the scope of a public servant’s job. On the other hand, compensation caps for medical malpractice cases are quite complex though generally speaking will not exceed five hundred thousand per person. However, in wrongful death lawsuits, due to inflation, the level of compensation can be as high as 1.9 million dollars. Because of the complexity of personal injury law it is best to consult with an experience personal injury attorney that can help you protect your best interests. A true legal professional can fight for the compensation you need to carry on after your accident.
Personal Injury Attorney
As always we encourage you to practice defensive driving and hope you consider your legal options should you ever be in an accident. Please know that our initial consultation at Davis Law Firm is free. Owner and Attorney at Law, Jeff Davis is the South Texas Personal Injury Attorney that is here 4 you! Contact us today! We have offices in San Antonio, Corpus Christi, McAllen, Harlingen, Brownsville and Waco, Texas! Text and/or call the 4’s and 9’s! SA (210) 444-4444 RGV (956) 444-4444 Corpus (361) 999-9999. Hiring a personal injury lawyer puts you in a commanding position to gain as much compensation as possible and not be left in financial distress.