In Texas, people who have been hurt due to another’s negligence are entitled to compensation for medical bills, lost wages, and any other losses incurred as a result of their injury.
As is the case with other states, Texas has established complex personal injury laws that set forth deadlines for filing a lawsuit, standards for establishing fault, damage caps, and more.
Understanding and complying with these laws could mean the difference between winning a verdict or settlement in your case or walking away with nothing.
Statutes of Limitations on Texas Personal Injury Lawsuits
A state’s “statute of limitations” sets forth the amount of time a plaintiff has to file a lawsuit.
Texas imposes a 2-year statute of limitations on personal injury claims.
An individual who fails to file suit before the statute of limitations expires forever forfeits their right to collect damages.
Shared Fault in Texas
In some personal injury cases, the claimant may be partially to blame for their injuries. This is known as a “shared-fault case.”
Texas has established a “comparative negligence rule” to deal with shared-fault personal injury cases. These rules stipulate that:
- The amount of compensation a claimant is entitled to receive will be reduced by an amount that is equal to their percentage of fault.
- Claimants found more than 50% liable for their injuries are barred from collecting damages from other at-fault parties.
Texas Caps on Injury Damages
Texas has imposed damage caps on personal injury awards in medical malpractice lawsuits:
- Non-economic damages are limited to $250,000 per defendant and $500,000 overall.
- A wrongful death cap of $1.9 million (this cap changes periodically, as it is adjusted for inflation).
Personal Injury Claims Against Texas State Government Entities
Texas law bars personal injury victims from filing suit against state government agencies.
These individuals must file a claim directly with the responsible entity within 6 months of the injury’s occurrence.
Contact Our Undefeated Personal Injury Lawyers for a Free Consultation at 1-888-603-3636 or by Clicking Here
With over $1 billion won for our clients, including thousands of people throughout Texas and across the United States who were injured or tragically killed due to the negligence of another, our Undefeated Personal Injury Lawyers have the knowledge, resources, and expertise to ensure that our clients and their families receive the maximum compensation possible for all of their injuries and losses.
Call 1-888-603-3636 or click here to send us an email through our “Contact Us” form.
All consultations are free, and because we only work for a contingency fee, you won’t pay us anything unless we win your case.