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Information on Texas State Law Regarding Time Limits for Personal Injury Cases
For the most part, each state in the Union has instituted statutory limits on the amount of time you have to file a lawsuit. All of these limits vary, hinging on case type
In Texas, it appears that statute of limitations for filing an injury claim such as motor vehicle, slip and fall accident or other personal injury negligence claim is 2 years. (As always – Smart Legal Funding does not provide legal advise – consult with your personal injury attorney about the laws in Texas)
It’s important to understand the local laws in Texas and that why in order protect or of your rights in Texas – get yourself a Texas personal injury attorney.
Texas is a modified comparative fault system state that is also referred to as proportionate responsibility.
It is not uncommon in automobile accident cases, that the person or business that you are filing a lawsuit against counters that you are partially at fault for the incident that led to your injuries.
In the state of Texas If your actions are deemed to share some measure of liability, it opens up the possibility that the amount of your settlement can be reduces by the percentage of liability
that you are responsible for.
This is why we refer to Texas as a state the goes along with a “modified comparative negligence rule.” Unfortunately, if it’s deemed that your share is of responsibility is more than 50 percent for the accident, you can’t collect anything at all from other at-fault parties. (Talk to your Texas personal injury Lawyer)
How personal injury works in Texas. The car your are driving has one brake light that is not working and you are hit from behind at a traffic light. When the case goes to trial, the court and or jury assigned twenty five percent of the blame on you for the accident, and the other party is assigned seventy five percent responsibility. The damages to you add up to $20,000. Your share of the fault under Texas Law will be reduced by $5000.00 .
Courts in Texas are must adhere to this comparative negligence rule in any trial.
Animal Bite and Dog Attacks in Texas
For Dog bites there is no specific statute in Texas for personal injury liability. If injured parties can show that the owners had knowledge or should have had awareness that the dog ws dangerous.
Caps on Injury Damages in Texas
Some states place limits on the types of damages that an injured person can receive after a successful personal injury trial.
In Texas the state has placed limitations on damages with medical malpractice cases. These caps follow a complicated set of rules but in the majority most medical malpractice cases, non-economic damages have the limitation of $250,000 for each defendant, and $500,000 in total. For medical malpractice cases resulting in wrongful death in Texas, there is a cap that is indexed for inflation. Originally this amount was $500,000 back in 1977, but now it has increased and is over $1.9 million.
What if you have a claim against the Texas Government?
Some time cases are against a government entity or and employee of the state of Texas — For Example – an improperly maintained stairway in a state-owned building caused you a personal injury.
In this situation it is required that a formal claim with the governmental agency be filed within 6 months of the incident. Its imperative that a description of the damages the time and place of the incident, and an incident report be included.
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Liability limits for Car Insurance in Texas:
Like all other states Texas has determined it’s own rules for auto insurance coverage limits.
Texas requires some type of liability insurance to pay for any damages and injuries from a car accident you caused. In order to legally operate a vehicle in Texas – get insurance
Your car insurance liability policy must have the following minimum limits:
$30,000 for each injured person.
$60,000 for injuries per incident.
$25,000 for property damage.
Texas on one of the states that is considered to follow a Tort system for auto accident liability.
State like Texas have instituted a fault-based, or “tort liability,” system of auto insurance.
When insurance companies and victims don’t agree and the damages caused in an auto accident – lawsuit often times are the result.
Just remember whether you need a Lawsuit Cash advance loan on a Jones Act Case, car accident lawsuit, sexual harassment lawsuit, tractor trailer accident or any other claim. Smart is there to help with a lawsuit cash advance.
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