Navigating the legal system after an injury can feel overwhelming. When someone else’s negligence causes you harm, you have rights under Texas law. Understanding these rights is the first step toward securing the compensation you need to recover. This guide breaks down the essential aspects of Texas personal injury laws to help you understand your options.
Personal injury law, or tort law, allows an injured person to file a civil lawsuit and get a legal remedy for the losses stemming from an accident. The purpose is to make the injured party “whole” again by covering medical bills, lost wages, and pain and suffering.
The Statute of Limitations in Texas
One of the most critical concepts in personal injury law is the statute of limitations. This is a legal deadline for filing a lawsuit. If you miss this deadline, you may lose your right to pursue compensation forever.
In Texas, the statute of limitations for most personal injury cases is two years from the date the injury occurred. This applies to a wide range of incidents, including car accidents, slip and falls, and medical malpractice.
While two years might seem like a long time, it can pass quickly. Evidence can disappear, witnesses’ memories can fade, and medical treatments can take months or years. It is crucial to act promptly to preserve your legal rights.
There are some exceptions to this two-year rule:
- The Discovery Rule: If you were not immediately aware of your injury, the two-year clock may not start until the date you discovered, or reasonably should have discovered, the injury. This often applies in cases like medical malpractice where the harm is not immediately apparent.
- Minors: If the injured person is a minor (under 18), the statute of limitations is often “tolled,” or paused, until their 18th birthday. They then typically have two years from that date to file a claim.
- Government Claims: If you are filing a claim against a government entity (like a city or state agency), the deadlines are much shorter. You often have only a few months to provide a formal notice of your claim.
Case Study: The Importance of Timing
Sarah was rear-ended in a minor car accident in Austin. She felt sore but thought it would go away. Over the next year, her back pain worsened until a doctor diagnosed her with a herniated disc requiring surgery, directly linking it to the accident. By the time she considered legal action, 2.5 years had passed since the crash. Unfortunately, the two-year statute of limitations had expired, and she was barred from filing a lawsuit to cover her extensive medical bills. This case highlights why speaking with an attorney soon after an accident is vital, even if injuries seem minor at first.
Understanding Comparative Negligence in Texas
What happens if you were partially at fault for the accident that caused your injuries? Texas follows a “modified comparative fault” rule, also known as the 51% Bar Rule.
This rule means you can still recover damages as long as your share of the fault is 50% or less. However, your total compensation will be reduced by your percentage of fault.
- If you are found to be 20% at fault for an accident, your awarded compensation will be reduced by 20%.
- If you are found to be 50% at fault, your compensation will be reduced by 50%.
- If you are found to be 51% or more at fault, you cannot recover any damages from the other party.
Case Study: How Comparative Negligence Works
John was speeding through an intersection when another driver, David, ran a red light and T-boned his car. John suffered a broken leg and significant vehicle damage. In the lawsuit, the court determined that while David was primarily at fault for running the red light, John’s speeding contributed to the severity of the accident. The jury assigned 80% of the fault to David and 20% to John. If the total damages were calculated at $100,000, John would receive $80,000 ($100,000 minus his 20% share of the fault).
Common Types of Personal Injury Claims in Texas
Personal injury law covers a vast array of incidents. Some of the most common claims filed in Texas include:
- Car Accidents: Collisions involving cars, trucks, and motorcycles are the leading cause of personal injury claims. These often result from distracted driving, speeding, or driving under the influence.
- Truck Accidents: Due to the size and weight of commercial trucks, accidents involving them are often catastrophic. These cases can be complex, involving federal regulations and multiple liable parties.
- Premises Liability (Slip and Fall): Property owners have a duty to keep their premises reasonably safe. If you are injured due to a hazard like a wet floor, poor lighting, or a broken staircase, the owner may be liable.
- Medical Malpractice: When a healthcare professional’s negligence causes harm to a patient, it may constitute medical malpractice. Examples include surgical errors, misdiagnosis, or medication mistakes.
- Wrongful Death: If a person dies due to the negligence or misconduct of another, their surviving family members may file a wrongful death claim to seek compensation for their loss.
What to Do After an Injury
If you have been injured, taking the right steps can protect both your health and your legal rights.
- Seek Medical Attention: Your health is the top priority. See a doctor immediately, even if you feel fine. Some serious injuries have delayed symptoms.
- Report the Incident: File a police report for a car accident or notify the property manager in a slip and fall. This creates an official record of the event.
- Document Everything: Take photos and videos of the accident scene, your injuries, and any property damage. Get the names and contact information of any witnesses.
- Preserve Evidence: Keep all documents related to the incident, including medical records, bills, and communications with insurance companies.
- Consult an Attorney: Contact a personal injury lawyer before speaking with an insurance adjuster or signing any documents. An experienced attorney can advise you on your rights and help you navigate the complex legal process.
Texas personal injury law is designed to protect victims of negligence. By understanding the statute of limitations, comparative fault, and the types of claims available, you can be better prepared to take action. For specific advice tailored to your situation, consulting with a knowledgeable legal professional is always the best course of action.
Helpful Resources
- Texas Civil Practice and Remedies Code: This contains many of the state laws governing personal injury lawsuits, including the statute of limitations and comparative fault rules.
- Texas Department of Insurance: A resource for understanding insurance requirements and filing complaints against insurance companies.
If you need guidance after an accident, learn more by reading about Understanding Texas Personal Injury Laws: What You Need to Know.
