Texas Statute of Limitations on Personal Injury Lawsuits
Every state sets a statute of limitations that will limit the amount of time you have to file an injury lawsuit against the party you believe is responsible for your injuries. Typically these statutes can vary depending on the type of injury claim you want to file, but in Texas, the statute of limitations for personal injury cases is two years from the date of the injury. If you do not file your personal injury lawsuit within this given time frame, the Texas civil court will likely refuse to hear your case and your right to pursue compensation will be lost.
Texas Shared Fault Laws
In many personal injury cases, it can be common for both parties to share some level of responsibility for an accident that caused injuries. If the court does rule that you share some degree of liability, your case will likely be treated as a shared-fault incident and the total amount of compensation you receive will be affected based on your level of shared fault. In what's known as the "modified comparative negligence rule," the courts will reduce the amount of compensation that you receive by a number that is equal to your percentage of fault. This also means that if you're found to be more than 50% at fault for the accident, you will not be able to collect any compensation for your injuries at all.
For example, if you've been injured in a car accident and the court rules that you were 10% at fault for the accident because you were speeding at the time, then you will only be able to collect 90% of the compensation that you are awarded by the court. That's because your 10% of shared fault was deducted from the overall amount of compensation you can receive. So in the end, if you win a $100,000 settlement, you will only be eligible to receive $90,000.
Don't face this battle alone. Call today and put my experience on your side.
Personal injury lawsuits can require a lot of legal nuances, especially if your claim needs to be settled in court. That's why you can't afford to trust your case to just any attorney out there. Over the years I've picked up extensive knowledge and experience both inside and outside the courtroom working for injury victims across the Houston area. I care about the well-being of my clients, and I'm committed to doing everything I can to protect their rights by helping them get the compensation they need to get back on their feet. If you or someone you know has been injured in an accident call K.E. Bradley Attorney and Counselor at Law today for a free case consultation.