If you have been injured as a result of someone else’s negligence or wrongdoing in Texas, a good understanding of personal injury law will help you protect your rights and secure fair compensation for your injuries.
What is Personal Injury Law?
Personal injury law encompasses legal disputes that arise when one person suffers harm from an accident or injury, and someone else might be legally responsible for that harm. Common types of personal injury cases include car accidents, slips and falls, medical malpractice, and more.
The primary goal of personal injury claims is to seek compensation for damages, which can help cover medical expenses, lost wages, and other related costs.
Key Elements of a Personal Injury Claim in Texas
To establish a personal injury claim in Texas, four key elements must be proven:
- Duty of Care: The defendant had a legal duty to act reasonably to prevent harm.
- Breach of Duty: The defendant breached that duty through action or inaction.
- Causation: The breach directly caused the injury.
- Damages: The plaintiff suffered actual damages (economic or non-economic) as a result.
For instance, in a car accident case, if a driver runs a red light and hits another vehicle, causing injuries, they may be found to have breached their duty of care by not following traffic laws.
Similarly, if a doctor fails to diagnose a condition correctly and the patient suffers harm as a result, it may be considered a breach of duty.
Statute of Limitations in Texas
The statute of limitations is a legal time limit within which a personal injury claim must be filed.
In Texas, most personal injury claims must be filed within two years from the date of the injury. This includes cases like car accidents and slip and falls. Missing this deadline can result in losing the right to file a lawsuit, so it’s essential to act promptly.
Comparative Fault Rule in Texas
Texas follows a comparative fault rule, also known as proportionate responsibility. Under this rule, if you are partly at fault for your injury, your compensation will be reduced by your percentage of fault. For example, if you are found to be 20% at fault for a car accident and awarded $150,000 in damages, you would receive $120,000 after the 20% reduction.
However, if you are found to be more than 50% at fault for your injuries in Texas, you may not be able to recover any compensation.
Steps to Take After a Car Accident Injury
- Seek Medical Attention: Your health is the priority. Obtain medical treatment immediately, even if injuries seem minor.
- Document the Incident: Record details of the accident, including photos, witness statements, and any other relevant information. These can be beneficial in proving your case later on.
- Notify the Appropriate Parties: If you were injured due to someone else’s negligence, notify them or their insurance company of your intent to file a claim.
- Consult with an Attorney: A personal injury attorney can help review your case and advise you on the best course of action. They can also handle negotiations and legal proceedings on your behalf.
Hiring a specialized personal injury lawyer in Abilene can make a significant difference in the outcome of your case. They have the knowledge and experience to navigate the complexities of Texas personal injury law and work towards securing fair compensation for your injuries.
Final Thoughts
While no one wants to think about being injured in a car accident (due to the negligence of others), it’s essential to know your rights and options under Texas personal injury law.
However, as with any legal matter, it’s always advisable to consult with a qualified attorney for personalized advice and guidance. They can help evaluate your case, explain your legal options, and represent you throughout the process to ensure the best possible outcome.
