Texas is a “Comparative-Fault” State
To file a personal injury claim in the state of Texas, you must establish that another party’s negligence has caused you harm.
Although a claimant can be partially at fault for his or her own injuries, their degree of responsibility cannot exceed 50 percent. In other words, to receive compensation for your injuries, the defendant must hold the majority of the responsibility for your injuries.
In Texas, a claimant can name multiple parties in his or her personal injury claim. However if a single party is more than 50 percent responsible for the claimant’s injuries, he or she will be required to pay all of the damages in a claim. The defendant found to hold primary responsibility will often file a subsequent lawsuit against the other defendants in the claim in order to recover damages themselves.
Potential Damages for Personal Injury in Texas
Damages awarded in a personal injury claim in Texas can include financial losses and non-financial losses. Financially-based damages include medical expenses, lost wages, loss of future earnings, the cost of household help, and even projected future or ongoing medical expenditures.
The non-financial losses include the pain and suffering you have experienced as a result of your injuries. Your attorney and the court will try to assign an appropriate dollar figure to these damages that will be paid to you if your claim is successful.
Statute of Limitations for Personal Injury Claims in Texas
Every state limits the length of time you have for filing a personal injury claim. In Texas, the statute of limitations is one year for libel and slander cases and two years for all other personal injury lawsuits. The statute of limitations begins counting the moment you realize you have suffered harm. In most cases, injuries are immediately apparent. However if the onset of your injuries was delayed, it is advisable to hire a personal injury attorney to help you receive compensation outside the statute of limitations.