Understanding a Texas Personal Injury Case~3 min read
When going through a personal injury lawsuit in Texas, you should be familiar with the laws. Depending on the type of injury, many of these laws could surface during your case. Being prepared could mean a favorable outcome. Procedures for a personal injury lawsuit can vary from state to state. Experienced attorneys at Springer & Lyle will share details on Texas personal injury law.
What to do when you first have an accident
Once you’ve had medical treatment, get a legal consultation as soon as you can to determine if you need an attorney. It’s important to have details of your accident fresh on your mind. You also don’t have forever to file a personal injury lawsuit. There are statutes of limitations for the state of Texas which determine when suits must be filed. These laws can be complex and vary by the type of case you have or the defendant the case is against.
How to prepare for your personal injury case in Texas
Preparation starts the day of your accident. Whenever you can, take photos of the injuries and damages caused by the wreck and write down witnesses’ names and numbers. Your personal injury attorney will need these critical details to build your case. Your attorney will interview you thoroughly to help determine other information which will be needed.
Special Texas laws for a personal injury lawsuit
Maximum amount for injuries
You can’t sue for millions of dollars in every case or in every state. If you have a good attorney, they will draft the suit to include reasonable damages for the injuries you sustained. In some cases, there are limits on the amount of compensation you can receive. Your attorney should know how to help you evaluate the case. The worst thing you can do is overstate the value of your damages which will lose credibility with the jury.
Shared fault
If the court finds you partially responsible, you’ll have financial consequences. The comparative fault doctrine applies in Texas and can decrease the amount of your settlement. It will be decreased by the amount of your percentage of negligence and, if you are greater than 50% at fault, it will bar any recovery.
Health Insurance and Hospital Liens
In Texas, health insurance companies and hospitals have priority claims meaning, they get paid back before you can be compensated for your injuries. The law in this area can be confusing and complicated and you will need an experienced attorney to help you understand how it all works.
A personal injury lawsuit can be a time filled with many questions and concerns. You want your life to get back to normal as soon as possible. At the same time, you want to have some remedies for the accident you’ve experienced. Knowing how things work in Texas from a legal standpoint can help.
