Personal Injury Laws in Texas
In Texas, personal injury laws are designed to help individuals who’ve been injured by someone else’s actions. Whether you’ve been in a car accident, suffered a slip and fall, or experienced another type of injury, it’s essential to understand these laws. They include specific guidelines on filing deadlines, liability, and insurance policies. If you’ve been injured in El Paso, working with an experienced personal injury attorney like K.E. Bradley can help you navigate these laws to pursue fair compensation. Call (832) 440-0585 | (915) 222-8082 today for a free P.I. consultation to discuss your case and learn how we can help you.
How Does Personal Injury Law Work in Texas?
Personal injury law in Texas revolves around proving that the responsible party was negligent or acted wrongfully. Here’s a breakdown of how it typically works:
- Negligence: To win a personal injury case, you must demonstrate that the other party was negligent, which involves proving:
- They had a duty of care to act responsibly.
- They breached that duty.
- Their actions directly caused your injury.
- You suffered actual damages, like medical expenses or lost wages.
- Modified Comparative Negligence: Texas uses a modified comparative negligence rule, which means you can recover damages if you’re less than 51% at fault. If you are partially responsible for your injury, your compensation will be reduced by your percentage of fault. For example, if you’re found 20% at fault, you’d receive 80% of the total damages awarded.
- Filing a Claim or Lawsuit: You can start by having your personal injury attorney file an injury claim with the at-fault party’s insurance company.
What Are the Limits on Personal Injury Policies in Texas?
Texas law doesn’t mandate general personal injury coverage, but it does have minimum liability insurance requirements for vehicle owners. Here are the minimum coverage amounts under Texas law for car accidents, which are a common source of personal injury claims:
- $30,000 for each injured person.
- $60,000 per accident for injuries if multiple people are hurt.
- $25,000 for property damage per accident.
These limits apply to the minimum auto insurance coverage, but many people opt for higher limits or carry additional insurance, such as umbrella policies. However, if the damages exceed the insurance policy limit, you may need to seek additional compensation directly from the at-fault party.
How Long Do You Have to Sue for Personal Injury in Texas?
In Texas, the statute of limitations for most personal injury claims is two years from the date of the injury. This means you have two years to file a lawsuit against the responsible party. After this period, you may lose the right to pursue legal action and compensation.
However, there are exceptions in certain situations:
- Minors – If the injured party is a minor, the statute may extend until they reach adulthood.
- Delayed Discovery – If you didn’t immediately discover your injury, the two-year limit might start from when the injury was discovered.
How Are Personal Injury Settlements Paid Out in Texas?
Texas personal injury settlements are typically paid out in one of two ways:
- Lump-Sum Payment -This is the most common method, in which the total amount is paid to you at once. This payment covers all agreed-upon damages, such as medical bills, lost wages, and pain and suffering.
- Structured Settlement – In some cases, especially with larger settlements, payments may be spread out over time in a structured settlement. This can provide financial stability by ensuring regular income for years or even decades, depending on the terms.
If you have medical bills, lost wages, or other debts related to the injury, part of your settlement may go directly to cover those costs. An attorney like K.E. Bradley can help ensure the settlement is distributed correctly to maximize your compensation.
Steps to Take After a Personal Injury in Texas
Taking the proper steps after an injury can protect your rights and strengthen your claim. Here’s a guide:
- Seek Medical Care – Always get immediate medical attention, even if injuries seem minor.
- Document the Incident – Take photos and gather any evidence from the scene.
- Get Witness Information – Collect contact information from witnesses.
- File a Police Report – File a report if it’s a car accident or another reportable incident.
- Keep Medical Records – Retain all medical documents related to your injury.
- Consult an Attorney—The best way to ensure the correct handling of your case is to Contact a skilled personal injury lawyer.
Learn More About Personal Injury Laws in Texas
For more information on personal injury protections in Texas, visit the Texas Department of Insurance’s insurance resource page.
Contact K.E. Bradley Law for Help with Your Personal Injury Case
Texas personal injury laws can be complicated, but you don’t have to handle them alone. K.E. Bradley Law is committed to helping injury victims in El Paso understand their rights and fight for fair compensation. Call (832) 440-0585 | (915) 222-8082 today to discuss your case with our personal injury attorney for free and see how we can assist you in taking the next steps toward recovery.
