Personal injury cases involve litigation to resolve a dispute resulting from bodily damage or harm to an individual(s) and/or property via another party’s actions or their failure to act. Typically, the goal of this type of litigation is to assess damages and obtain compensation for the claimant(s).
About Texas Personal Injury & Tort Litigation
There are several different types of cases and laws that govern personal injury litigation in Texas. Here are some of the guidelines that practicing attorneys and potential claimants should be aware of when pursuing and/or considering this type of claim in the state.
Statute of Limitations
Houston Personal Injury Lawsuits
In Texas, the statute of limitations are as follows:
- For any personal injury claim, the claimant(s) must file a lawsuit within 2 years from the date of the accident (DOI) in the state’s civil court system.
- For medical malpractice claims, the claimant(s) must also file a lawsuit within 2 years from the date of the injury.
- The same is true with product liability claims. The claimant(s) must file a lawsuit within 2 years from the DOI.
This is a crucial rule to understand and adhere to when filing or considering this type of lawsuit in Texas. If the claimant(s) does not file their lawsuit before the two-year window closes, the courts will likely refuse to hear the case and your right to compensation will be lost–now and in the future.
Serious Injury Cases
In cases of serious injury, there is not a limitation imposed. However, Texas is a fault state, which means that the claimant(s) involved must prove fault by the other party before the insurance company will pay.
In medical malpractice cases, if a medical doctor does not perform according to the standards of professional practice, he/she can be held liable. However, there are award caps issued for malpractice cases in Texas. For example, there is a $250,000 limit on non-economic damages for all doctors and medical practitioners in the state. As such, the maximum amount of damages one healthcare provider is responsible for $250,000 and the maximum amount for all providers who are involved in the claim is $500,000. Thus, the maximum damage cap is $750,000.
In product liability cases, if someone was harmed by a product due to defective manufacturing, marketing, design, and/or inadequate warnings, the claimant(s) can seek compensation for their medical expenses and injuries.
Houston Car Accidents
In auto accident cases, if someone sustains harm or property damage due to the negligence of another party, the claimant(s) can seek compensation for their medical expenses and injuries. If this has happened to you we recommend consulting a personal injury attorney as soon as possible.
Wrongful Death Cases
In cases of wrongful death, the state provides the exclusive remedy for such actions and compensation can be sought by the victim’s parents, husband or wife, significant other, and/or their offspring for the loss and suffering sustained by their loved one’s injuries and subsequent death.