There are many reasons that people need to consult with a lawyer or a law firm, with a couple of major reasons being to get a divorce or to handle a personal injury case. The State of Texas is replete with many law firms and attorneys who will represent clients for a variety of legal services. This article will focus on personal injury lawsuits throughout the Lone Star State and what potential clients will want to keep in mind about such lawsuits. For starters, a personal injury is regarded legally as when a person’s body, emotions, or mind has been injured or bruised as a result of another person’s carelessness, negligence, or willful intent. In the courtroom, they also refer to personal injury law as tort law. The lawsuit comes into play when the injured party wants to hold the offending party financially responsible for what has occurred to the injured party.
Information about Personal Injury Law in Texas
When thinking about personal injury cases, examples are being involved in a car accident, slipping and falling in a store, suffering from personal battery by an individual or group of individuals, and sustaining injuries after an explosion at a construction site. Workers’ compensation issues may also fall under the umbrella of personal injury cases. Whenever considering filing a personal injury lawsuit, parties should avail themselves of all the unique criteria that may be required in their state, in this case, Texas. Depending upon the type of personal injury case, the statute of limitations will be different for the party involved. Looking at an example, if the lawsuit is a product liability issues, the party will have two years from the date of the incident to file the lawsuit in a Texas civil court. However, if the issue is one of defamation, the party will have only one year to file the claim in a Texas civil court.
More about Personal Injury Law in Texas
When a personal injury is related to a fraud, the suing party has four years from the date of the fraud incident to file the lawsuit in a Texas civil court. Whatever the statute of limitations is, the party wants to ensure that the lawsuit is filed within the appropriate time period, otherwise, he or she will lose the right to have the case heard before a civil law judge. Any damages that might have been awarded will also be forfeited at that time, and the injured party will be left to handle his or her own financial responsibilities in the injury that occurred. It is the smart thing to do to consult with an attorney or law firm who practices tort law and who has had considerable success in winning the cases.
More Things to Consider about Personal Injury Law in Texas
In-depth information about personal injury lawsuits should be handled by the injured party’s law firm. The Uvalle Law Firm and other law firms like it will have everything available for the client to ensure the client gets all the necessary information he or she needs for the particular personal injury issue. Using a law firm to handle any personal injury case a person has is going to be critical because the insurance company of the other party will try to get the injured party to settle for much less than what he or she could get. Having the right attorney or law firm will help the injured party to get everything he or she deserves to get for the injuries sustained. The great thing about hiring a personal injury lawyer or law firm is that the lawyer will not get paid unless he or she wins the case for the client.
Suggestions for Personal Injury Lawsuits in Texas
One thing that a person filing a lawsuit needs to be aware of is what is known as the shared fault rule. This means that if the other party finds the injured party to be any part at fault for the accident or incident, any damages received will be reduced by the percentage fault assigned to the injured party. However, if the injured party is found to be more than 50 percent at fault for what happened, he or she will not be able to collect any damages from the accident or incident. This is something that the injured party will want to avoid so it is critical to ensure that the case is solid and that the selected attorney or law firm has a successful track record.
Continuing to Look at Personal Injury Lawsuits in Texas
Damages that are awarded will sometimes have a cap placed on them (how much money the claimant can get). In Texas, there is a cap for medical malpractice lawsuits. Medical malpractice lawsuits have a maximum of $250,000 per individual for non-economic damages (for pain and suffering). If the medical malpractice lawsuit is one of wrongful death, the cap for such lawsuits is at $2 million, adjusted because of inflation. In cases where the personal injury lawsuit is against a Texas government agency, a lawsuit cannot be filed, but a formal claim can be made. It must be made within six months of the accident or incident.
A Final Look at Personal Injury Lawsuits and Law Firms in Texas
The sooner a client hires a lawyer or law firm to represent his or her case, the better the chances of having a successful litigation. This is because all of the events surrounding the accident will be fresher in the memories of the all parties involved. For that reason, injured parties are encouraged to write down everything that happened as soon as they can so that they can recount the story to their attorney or law firm. The lawyer will then gather all the pertinent data needed to wage a successful lawsuit against the insurance company of the other party. If there are any questions that interested clients have about personal injury lawsuits in Texas, law firms provide websites that will generally give people all the information they need to select an attorney