The Basics of Texas Personal Injury Law
If you were involved in an accident, understanding the basics of personal injury law can help you seek justice for your case. In Texas, personal injury cases often involve concepts such as liability, negligence, shared fault, and statutes of limitations. The following guide provides general information about each of these concepts. However, seeking professional legal expertise is the safest way to secure maximum compensation for your case.
Governing Laws in Texas Personal Injury Cases
Several sections of the Civil Practice and Remedies Code shape Texas personal injury law. The code defines key concepts such as negligence, liability, duty of care, and statutes of limitations. One of the most fundamental concepts in personal injury law is negligence.
Negligence is a failure to exercise the level of care that a reasonable person would in similar circumstances. In personal injury cases, negligence leads to accidents and injuries. On a basic level, every individual is expected to act responsibly and avoid causing harm to others by law. Personal injury claims involve proving that a defendant’s actions or inactions fell short of this expectation, and led to injury.
Defining Liability
Liability, another basic concept in personal injury law, refers to which party holds legal responsibility for an accident. In other words, it defines whose fault the accident was. To assign liability, an injured party must prove that another party was negligent. For example, a driver who causes a car accident through negligence (such as driving while intoxicated) could be liable (responsible) for the damages. In many cases, the insurance provider of the at-fault driver covers those costs.
Shared Fault Rule
In Texas, the “shared fault” rule is a negligence rule for cases in which multiple parties are responsible for an accident. Under this rule, each party is liable for damages in proportion to their “share” of the fault. If you were partially at fault for an accident, the damages you can recover may be reduced by your percentage of fault. If you are 51% or more responsible for an accident, you may not recover any damages.
Texas Statutes of Limitations
The statute of limitations is the time frame within which you can file a personal injury claim. In Texas, this period usually spans two years from the date of the injury, or from when you should have reasonably discovered the injury.
For children, the statute of limitations may be extended. Claims can be filed until the child turns 18, plus an additional two years after they become an adult. However, claims related to medical expenses or other costs incurred by the parents must adhere to the standard statute of limitations.
If you or a loved one were involved in an accident, contact the attorneys at Reynolds and Reynolds for a free consultation. Our professional attorneys in Frisco can help you receive the settlement you deserve. Contact our auto accident attorneys here or call (972) 684-5011 to speak with a local attorney today. Also, don’t forget to follow us on Facebook for more information.
