Many people file personal injury lawsuits against liable parties on a daily basis in just about every state. Texas has its share of personal injury lawsuits as well, and those who may be interested in filing a personal injury lawsuit had better find out all the information they will need to be successful in filing such a suit. In Texas, the general statute of limitations for personal injury cases is two years from the date of the accident and injury. In some cases, there are four years to file a personal injury lawsuit, such as in a fraud claim. In other cases, there is one year to file a lawsuit, such as in a defamation of character. In any case, the party filing the lawsuit needs to know all the possible consequences that can happen when filing a personal injury lawsuit in Texas. This article will address some of these issues and consequences to watch for.
Looking Closer into Personal Injury Cases in Texas
The first thing a potential client will want to do is to find a good lawyer or law firm to handle the personal injury lawsuit and to see if there is even a case worth pursuing. At lawboss.com, the lawyers on the website offer valuable information that will help clients to choose the right lawyer or law firm they will need for their particular case. One piece of information the client will find helpful about personal injury lawsuits in Texas is that the insurance company of the other party may employ the shared fault rule. In Texas, this is known as the modified comparative fault rule, and means that it is possible that the injured party shares in the blame. If it can be proved that the injured party was partly at fault, any percentage fault assigned to the client will be reduced from any damages awarded.
More Information about Personal Injury Cases in Texas
A vital piece of information to remember about the shared fault rule is that if it is found that the injured party shares more than 50 percent of the blame, any possible damages that could be awarded will be void. The types of damages that could be awarded in a personal injury lawsuit are economic damages, such as hospital expenses, non-economic damages, such as pain and suffering, and punitive damages, which are intended to punish the offender in the incident. In Texas, there is a cap on non-economic damages, which is $250,000 per individual. The maximum that can be awarded for non-economic damages is $500,000. For damages in medical malpractice lawsuits, the damages awarded could be as high as $2 million if the incident occurred because of wrongful death.
More about Personal Injury Law in Texas
If a potential client fails to file the personal injury lawsuit in a Texas civil court within the window of the statute of limitations written, the client will forfeit the right to have the lawsuit heard. Any opportunity for damages will also be forfeited. It is critical for the client to pay attention to the timeline and take care of the filing in the proper time. The lawyer or law firm that the client hires will conduct an investigation further into the personal injury that the client suffered. Usually, the insurance company will be contacted first, and at times, a satisfactory offer can be made to the client. If not, the lawyer or law firm will go further and may have to litigate the case in a Texas civil court. In order for the lawyer or law firm to get paid, the case will have to be won. If a lawyer or law firm takes the client’s personal injury case, it is because the case may look promising.
Getting Effective Results in Personal Injury Cases in Texas
The idea is to get the personal injury case settled before it actually reaches the courtroom phase. However, if the parties cannot come to a resolution, the client’s legal team may have to call upon material witnesses (if there are any), and gather any other pertinent data. If a satisfactory judgment cannot be rendered in the trial, the client’s lawyer may file an appeal for further inquiry. In all of the cases, it must be shown that the defendant is responsible for what occurred to the injured party, such as a breach of duty or a failure in the duty of care to the injured party.
Keeping Up with All the Records in a Personal Injury Case in Texas
It is important that the injured party keep up with all the facts that occurred with the accident or injury. Writing down everything that happened as soon as possible is smart, as to record all the facts while they are fresh in the mind. This will be helpful when consulting with the attorney or law firm about what caused the personal injury and who was responsible for it. If pictures are pertinent, they will be extremely helpful in helping to provide a visual aid to the judge and other legal parties involved in the lawsuit.
A Final Look at Personal Injury Lawsuits and Lawyers in Texas
When it comes to choosing an attorney or law firm for a personal injury case, there is no one particular lawyer that is the “best.” Instead, clients should choose their attorneys or law firms based on how the agency can best serve their needs. It is good to ensure that the legal agency has a good track record at winning personal injury cases for the clients. It is also good to choose an attorney or law firm with whom the client can establish a good rapport. It is generally the practice of personal injury attorneys and law firms to provide a free initial consultation to the clients to see if there is a case and if the client is comfortable with the legal team. In most cases, the lawyers or law firms are available 24 hours day for emergencies that may arise for the client. More information can be found by visiting the websites of various personal injury attorneys.