When it comes to Personal Injury Laws in Texas, it can be complicated to understand and deal with. Here is all that you need to know about such a law in Texas.
If you met with an accident in Texas, you are probably in a dilemma about what to do. Of course, a few immediate steps need to be careful, but first thing first. Seeking a medical professional’s help has to be your first decision before filing a compensation claim. When injured, there’s a possibility of filing a Texas personal injury lawsuit, and it can do with the help of a Dallas personal injury lawyers. At the same time, a lawsuit may be a better way to hold the faulty party responsible for the act.
It may be possible that both parties may have sustained injuries and dealing with financial complications. Before proceeding, you must understand personal injury laws, liabilities, claims, and losses. It includes slip and fall, car and bike accidents, medical malpractice, defective product, dog bite, etc.
In the legal world, personal injury refers to any injuries, be it emotional, physical, or mental, that have affected a person. And the law majorly focuses on the negligence which has led to such complications. This injury law is a broader term and covers a wide range of negligence-based accidents. Let’s proceed further to know what to expect in a personal injury law!
Table of Contents
What Does Personal Injury Claims Cover?
There are many cases under personal injury. And it is an umbrella term that occupies a list of injuries that gives you the right to seek compensation. Under personal injury law, many cases require attention. The list includes,
- Auto accidents
- Truck accidents
- Motorcycle accidents
- Workplace injuries (slip and fall injuries, fire, etc.)
- Product liability (defective, expired, wrong product)
- Medical malpractice
- Child abuse and injuries
- Wrongful death
- Dog bite injuries
Understanding Valid Personal Injury Cases Under Law
Before you think of filing a case against the at-fault party, the first question is whether you have a valid personal injury case. The injury law describes specific scenarios that make a case acceptable. Before knowing about an injury lawsuit, how long does it take? Let’s find out whether the injury claim’s basis exists for you.
How to Demonstrate the Injury?
The plaintiff suffered a loss due to another person, business, or organization. They must deal with a physical injury and can prove it through medical bills or loss of income. It can also cover property damage in case vehicles are involved.
The person can blame the injury who acted carelessly.
It has resulted in suffering, and their action has led to trouble. The cause of the victim’s injury should be clear and provable.
You may have suffered a loss that can be made better through the help of compensation. The damages can compensate, and it must justify the amount you’re demanding. It gets proven with the help of medical bills, loss of income, property damages, and so on. You must be able to demonstrate the losses resulting due to the injury caused by negligence.
Texas also takes into consideration the damages for pain and suffering. So, if you’re going through this, you must take action. All of this must justify with proper investigation, and you need to have a legitimate claim which allows you to seek compensation.
The Texas Personal Injury Statute of Limitations Under Laws
All states have different statutory limits on how long a person can seek civil court’s help filing a lawsuit. These deadlines differ and are based on the type of case you want to file. The deadlines are said to be statutes of limitations under personal injury laws. In Texas, the limitations for personal injury cases allow you a 2-year time from the date of the injury.
This deadline is when you have to file a lawsuit to the state’s civil court. It is essential to understand and comply with the state’s limitations. The court will likely refuse your case if you miss the date and the two-year window is closed. The compensation will be lost even if it makes sense and you have a valid claim.
Proving Liability in a Personal Injury Lawsuit
In a personal injury lawsuit in Texas, it is in the hand of the jury to decide whether the defendant s negligent or not. It bases on the evidence presented to them in the court. The plaintiff is liable to present and prove negligence. Negligence is a failure to act and expect in the future from them. Failure to care about the other person and to act responsibly led to the accident. The jury members are assigned to decide justice.
In this situation, the need to hire an attorney s very crucial. They will present your case in court about your damages, injuries, and more. They will also help you with the injuries resulting from someone else’s fault. They can bring evidence to the table that justifies your case well. Evidence is important. For example, a car accident may include video of the collision. It may also include witness statements, the testimony of the witness, and a damaged vehicle. An accident scene may reveal a lot of information and evidence.
If the jury can identify the liable person, they will determine the compensation money. The defendant will have to pay the plaintiff for the damages incurred. However, most personal injury cases settle through negotiation—both parties. And the party’s liability insurance sit together to discuss an outcome. The parties will negotiate a fair settlement out of court without filing a claim.
Strict Liability For a Personal Injury
Liability in a personal injury can be way too complicated for you to understand. The party may be held strictly liable for the damage in a few personal injury cases. Strict liability doesn’t speak about negligence or intention. Here, in this case, the plaintiff doesn’t have to prove the party to be negligent or have the intent to hurt you. Strict liability is all about proving the party responsible for the injuries. All the injuries, pain, trauma, and damages you sustained should link the at-fault party.
You need to prove that the party was responsible for the injuries, and that’s all. This type of case is usually in product liability cases. In case you can prove that a defective product caused your health concerns. Here you can easily recover compensation for all the damages. Also, you do not have to prove the negligence or intent for the damages incurred.
How Does a Criminal Record Impact Your Injury Case?
Human makes a mistake; it is obvious. But, there can be times when you may get in trouble with the law due to judgment. It is when you may catch up with DUI or minor drug possession charge that impacts your life. In such a situation, your current personal injury case may get affected by it. Your past DUI record may affect the judgment in the court, even if you are guilty. Lawyers are smart; when they work for you, they know what can go wrong.
Expungement in Texas is possible, where you can clear your record. It is crucial to clear all your criminal records since it will impact your life forever. Even if you are dealing with an injury due to someone else’s fault, the previous DUI case or other criminal charges will put you in question. Personal injury laws are very fragile, and you must prove your negligence in all possible ways.
The at-fault party’s insurance company will do a thorough background check on yours. They will look for ways to undermine the plaintiff’s credibility to pay less compensation. Your goal is to ensure that the insurer pays you compensation for all the losses you’ve incurred. When you work with legal personnel, they will help you by filing a solid case. They understand the personal injury laws and the rules.
Not knowing what is expected from you as a plaintiff may put you in the wrong position. Personal injury cases are hard to crack, especially when the insurance company acts against you. You need to know your rights and understand the law and legal jargon for a better case. You must also be aware of the statute of limitation in your state to file a case. Of course, you are already suffering from pain, financial loss, and much more.
Your focus is merely on your health and well-being; therefore, lawyers come into the picture. They understand what is required to make your case stronger and better. They have learned about the laws and understand how to keep you protected. Their knowledge of collecting evidence, interviewing defendant, the witnesses, and building a case is high.