What are my legal rights if I am injured in an accident in Texas?
If you have been injured in an accident in Texas, there are several important laws and legal principles that could impact your personal injury case. Understanding some basics about personal injury law in Texas can help you to protect your legal rights. Our Houston, Texas personal injury lawyers at Chandler Mathis & Zivley offer the following overview of personal injury laws in our state.
Statute of Limitations in Texas
All states set a limit on the amount of time you have to file a personal injury claim. This deadline is known as the statute of limitations. In Texas, the statute of limitations for personal injury claims is two years from the date of your injury. This means that if you are injured in an accident involving negligence, you must file your action within two years or you could lose your right to bring the claim. There are some exceptions to the statute of limitations, so consult with our office for specific questions about your case.
Modified Comparative Negligence
Texas has adopted the doctrine of modified comparative negligence. Under this rule, may be able to bring a personal injury action even if you hold some degree of fault for the accident. Your recovery will be reduced by your percentage of fault, and your claim is barred if you were more than 50 percent at fault for the accident.
Damages in Texas
Injured plaintiffs in Texas may be able to collect damages for their medical expenses, lost wages, pain and suffering, loss of consortium, and more. Texas does not cap damages in most personal injury actions, with two exceptions: punitive damages and medical malpractice damages. Punitive or exemplary damages are awarded only in select cases that involve gross negligence, fraud, and the like. Punitive damages in Texas are capped at either $200,000 or $750,000, depending on the economic damages awarded by the jury. Medical malpractice caps are complex and vary based on the type of damages.
These are just a few of the many legal principles that could impact your personal injury action in Texas. For individualized assistance with your personal injury claim, contact our office as soon as possible.