Understanding Texas Personal Injury Laws: What You Need To Know~3 min read

When you’re injured due to someone else’s negligence, it can be overwhelming to navigate the legal landscape. In Texas, personal injury laws are designed to help you seek compensation for your injuries, but understanding these laws is key to ensuring you get the justice you deserve. Here’s what you need to know.

What Constitutes a Personal Injury in Texas?

In Texas, personal injury law covers a broad range of scenarios where someone’s actions or negligence led to another person’s injury. This can include car accidents, slip and falls, medical malpractice, and even dog bites. If you’re injured in any of these situations, you have the right to seek compensation for your medical bills, lost wages, pain and suffering, and other related expenses.

Understanding Texas’ Statute of Limitations

One of the most critical aspects of Texas personal injury law is the statute of limitations. This law sets a deadline for when you must file your personal injury claim. In Texas, you typically have two years from the date of the injury to file a lawsuit. If you miss this deadline, you could lose your right to seek compensation. That’s why it’s essential to act quickly and consult with an attorney as soon as possible after your injury.

The general two-year rule does not apply to some claims.  A couple of examples would include claims based on wrongful death, fraud or in certain situations, medical malpractice. And, with claims against a governmental entity like a city or county, special notice provisions apply which are much shorter than the limitations period. If notice is not given in accordance with state law, you will waive the right to pursue your claim.

Comparative Negligence in Texas

Texas follows a modified comparative negligence rule. This means that if you’re partially at fault for the accident, your compensation will be reduced by your percentage of fault. For instance, if you’re found to be 20% at fault for a car accident, your compensation will be reduced by 20%. However, if you’re more than 50% at fault, you won’t be able to recover any damages. Understanding this rule is crucial when pursuing a personal injury claim in Texas.

Damages You Can Recover

When you file a personal injury claim in Texas, you can seek various types of damages, including but not limited to:

• Economic Damages: These are tangible losses such as medical bills, lost wages, and property damage.
• Non-Economic Damages: These include pain and suffering, emotional distress, physical impairment, scarring and disfigurement and, loss of enjoyment of life.
• Punitive Damages: In cases where the defendant’s actions were particularly reckless or malicious like a DWI accident resulting in serious injuries, you may be awarded punitive damages as a way to punish the wrongdoer and deter similar behavior in the future.

The Importance of Legal Representation

Navigating Texas personal injury laws can be complex, and having a knowledgeable attorney by your side is essential. An experienced personal injury lawyer can help you understand your rights, gather evidence, negotiate with insurance companies, and represent you in court if necessary. Without legal representation, you may not receive the full compensation you deserve, and you may make some mistakes that result in legal liability against you.

Contact Springer & Lyle

If you’ve been injured due to someone else’s negligence, don’t navigate the legal process alone. At Springer & Lyle, we are dedicated to helping you get the justice and compensation you deserve. Contact us at 940.387.0404 to schedule a free consultation. 

Springer & Lyle is located at 1807 Westminster, Denton, TX 76205.