Statute of Limitations for Personal Injury Claims in Texas
Like other states, Texas law limits the timeframe in which to file a lawsuit after an injury is sustained or discovered. Circumstances, including the age of the victim, can affect the statute of limitations. It is important to contact our legal professionals at Keathley & Keathley Law Firm to ensure you do not lose your opportunity to seek damages. As a rule, most personal injury matters have a two-year time limit.
What Damages Can Be Awarded in Texas Personal Injury Cases?
The Lone Star State follows a modified comparative negligence rule, acknowledging that there can be fault on both sides. For example, if an injured person is determined to be 30% at fault for the accident, their award will be reduced by 30%. If they are 51% or more at fault for the accident, they cannot seek any damages.
Damages fall into one of three categories: economic, non-economic, and punitive. The first two categories are considered compensatory, meaning they are repaying the plaintiff for losses. Punitive damages do not directly atone for any losses. Instead, punitive damages are intended to punish the defendant and deter others from similar misconduct.
Examples of economic damages are:
- Doctor Visits
- Hospital Stays
- Physical and Occupational Therapy
- Medication
- Lab work
- Surgery
- Lost Wages
- Property Damage
Examples of non-economic damages are:
- Emotional Distress
- Pain and Suffering
- Loss of Enjoyment of Life
- Disability or Disfigurement
Is There a Cap on Personal Injury Compensation in Texas?
There are no compensatory damage caps in most personal injury cases, but there are exceptions. Punitive damages are only awarded when the defendant is shown to have acted with gross negligence. Texas law caps punitive damages at $200,000 or twice the amount of economic damages plus an equal amount of non-economic damages, up to $750,000 (whichever is larger).
How to Find the Right Personal Injury Lawyer for Your Case
Finding a personal injury lawyer for your case can be an intimidating process, but it doesn’t have to be. There are many options available and steps you can take to ensure you make the best decision for your situation.
The first step is to research lawyers in your area who focus on personal injury law. Look up local lawyers online or in legal directories like Avvo, Martindale-Hubbell, Nolo, and Justia Lawyer Directory. Read reviews from clients they’ve served and check their credentials to make sure they are qualified and experienced in handling cases similar to yours.
Once you’ve narrowed down your list of potential attorneys, contact them directly or set up a consultation with each of them. During the consultation, which is often free, make sure to ask questions about their experience and fees, strategies they have used in personal injury cases like yours, and any other information that will help you decide if they are the right lawyer for your case.
When it comes to paying, most personal injury attorneys work on a "contingency-fee basis," which means you do not have to pay any fees until you win your case. Therefore, if you lose, you won’t pay either.
How Our Corsicana Personal Injury Lawyers Can Support You
Before settling with an insurance company, you should contact us to evaluate your case. Insurance companies are not looking out for your best interests, only their own. We fiercely believe in protecting your rights and your future.
If we take your case, you will receive one-on-one attention. We will gather medical records, witness statements, photographs, and any other evidence that can help support your claim. Our honed negotiation skills will guide our conversations with the defense. If we cannot come to a fair settlement, we are ready to fight for damages in a civil trial.
Discuss Your Personal Injury Case with Our Corsicana Attorneys Today. Fill out our online form or call us at (903) 417-0889 to schedule a consultation.