If you have experienced a personal injury in Texas, you should know all the rules and regulations when it comes to filing a personal injury lawsuit. Or you can talk to a Baytown personal injury lawyer that already does.
Having a personal injury can have consequences on your health and finances. Many people choose to partner with a personal injury lawyer so they can receive the compensation they need. Continue reading to learn more.
The Statute of Limitations
All states have a statute of limitations when it comes to personal injury lawsuits. In Texas, it’s two years. This means you only have 2 years from the time of injury to the time to file a lawsuit. If you do not file the papers during this time, they might not be accepted by the court, or the judge may refuse to look at them. All your rights to compensation will be lost if you don’t file the lawsuit in time.
Shared Fault Rules
In Texas, there are shared fault rules for accidents. This means you could be found partly liable or responsible for the injuries to the other person as well as to the car repairs they might need. For example, if you are rear-ended but one of your brake lights wasn’t working at the time of the accident, you could be found partially liable.
If you are found somewhat responsible for the accident, you will not receive as much compensation. You might also end up owing the other party. The insurance adjusters could also decrease your settlement if you’re found partially liable.
Shared fault laws are determined in percentages. So, you might be found 30% responsible for the accident and then will have to pay the other party 30% of their fees and repairs.
Caps on Injuries
In Texas, there are caps on the amount of money you can receive in compensation. Pain and suffering compensation for medical malpractice is capped at $250,000. Medical malpractice lawsuits, in general, are also capped at $500,000.
These rules do not apply to all personal injury lawsuits, but they will apply if your case happens to be medical malpractice.
When to Partner with a Lawyer
If you are being assigned more blame than you think is fair after your personal injury, you might want to consider partnering with a lawyer. Partnering with a lawyer is also always a good idea if you plan to enter into a lawsuit or need to appear in court for any reason.
Appearing in court on your own can be intimidating, but with a lawyer on your side, you can be sure they are able to get you the compensation you need.
Get Ahold of an Injury Attorney
If you are looking to partner with a lawyer at Estes Personal Injury & Car Accident Lawyers, our office is here for you. Call us at 281-238-5400. You can also fill out the contact form. We have an experienced multilingual Baytown personal injury lawyer that is ready to help you and get you the compensation you deserve.