Anyone who has been unfortunate enough to be involved in an accident which led to a personal injury due to someone else’s fault, is likely eligible for personal injury compensation. Although only an actual Houston personal injury lawyer would be able to guide them in their legal pursuit of what they deserve, it is important for everyone to be at least aware of the basic laws that govern Houston personal injury cases in the state of Texas.
Understanding the Statute of Limitations in Texas
In every one of the fifty states of USA, there is a statute of limitations on Houston personal injury lawsuits, that dictates the deadline within which a personal injury case must be filed against the allegedly guilty party by the claiming party. This statute of limitation, or deadline, varies quite a bit depending on the state concerned.
In the state of Texas, the Houston personal injury victim is allowed two years from the date of the accident to file a lawsuit against the allegedly guilty party, before such an action becomes legally impossible in the state.
However, depending on special circumstances, requesting an exemption to the two-year statute of limitations is possible in Texas. Only a Houston personal injury lawyer would be able to tell the claimant whether or not they can still file a case after the two-year deadline has passed.
In general, it should never take you that long to call a Houston personal injury attorney and get your case filed in the first place, however. The longer you wait, the less impact the case will have in court, so call the best personal injury lawyer in Houston to get a free case review almost immediately.
Most Houston personal injury lawyers should be confident enough to not charge a dime unless they feel they will actually win the case. Even then, the longer you wait, the smaller the compensation amount is likely going to become.
What is Modified Comparative Negligence?
Houston personal injury lawyers stats that modified comparative negligence refers to a special circumstance which Texas acknowledges, but a lot of states do not. By definition, it is a situation where both the sued party personal injury accident lawyers and the plaintiff were partially responsible for what happened.
How much compensation the plaintiff deserves in a modified comparative negligence claim will be determined by the percentage of blame shared between the two parties. If the judge or jury finds the plaintiff to be at more fault than the sued party, the Houston personal injury lawyers claim will lose all validation.
Maximum Compensation Limits in Texas
The State of Texas does not generally put caps on compensation claims by the plaintiff, but there are two specific circumstances where personal injury exemptions to that general rule are made and maximum limits are set.
- $200,000 or $750,000 is the maximum limit for punitive damages; which of the two caps should be levied will be determined by the jury
- Most medical malpractice claims have individual caps on them, depending on the nature of the claim
Even Texans who have been fortunate enough to avoid personal injury lawyers up until now should know about the things we just discussed, provided they live in Texas. Accidents never announce themselves, so it’s always better to be prepared.