An Overview of Personal Injury Law

Navigating an injury can be daunting without proper information and support when you are faced with the consequences of a vehicle accident, workplace incident, unsafe product, or any situation stemming from someone else's negligence. Understanding your legal rights is essential. This guide is designed to clarify a few key elements so that a victim or family member reading this can make informed decisions about their case. For tailored advice specific to your situation, reach out to Gilbert Law Firm, LLP today to consult with a seasoned attorney.

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What Constitutes a Personal Injury Claim in Texas?

In Texas, a personal injury claim arises when an individual suffers an injury and someone else might be legally responsible for that harm by law. The basis for a personal injury claim is generally rooted within negligence principles, which is simply a failure to exercise ordinary care or the level of care expected under the circumstances. Examples may include the failure to keep a proper lookout that leads to a wreck, driving while distracted, the failure to obey traffic signs, or the failure to provide a safe workplace. The legal elements of a negligence claim are:

• Duty: The defendant had a legal duty to the plaintiff.

• Breach: The defendant breached that duty through action or inaction.

• Causation: The defendant’s actions (or inaction) caused the injury.

• Damages: The plaintiff suffered losses (damages) as a result.

 

Types of Damages Available in Personal Injury Cases

Texas law permits recovery of several types of damages in personal injury cases:

• Economic Damages: These include tangible losses such as medical expenses and lost wages, not only in the past but also expenses that may likely continue in case of necessary future medical care or loss of a capacity to earn as much as before, as well as property damage and potentially loss of use damages. It can also include loss of household services in the situation where you have to now pay someone to take care of household matters or otherwise you can no longer perform them.

• Non-Economic Damages: These cover intangible losses, both in the past and also into the future such as physical hurt; pain and suffering; mental grief or anguish; physical impairment or damage to, for instance, engage in recreational activities; scarring or disfigurement, and more. Texas law allows the non-injured spouse to recover what is called loss of consortium, society and affection, both past and likely to continue into the future.

• Punitive Damages: In cases where the defendant’s conduct is found to be grossly negligent, malicious or fraudulent, punitive or exemplary damages may be awarded to punish the wrongdoer and deter similar conduct in the future.

 

The Statute of Limitations for Personal Injury Claims

In Texas, the statute of limitations for personal injury claims is generally two (2) years from the date of the injury. This means that you must file a lawsuit within two (2) years of the injury date, or you may be barred from pursuing your claim in court, regardless of the merits of the claim. Several exceptions to this rule can make this timeframe longer or shorter, so consulting with a knowledgeable personal injury attorney as soon as possible is advisable to ensure your rights are protected.

 

Comparative Fault in Texas

Texas follows a “modified comparative fault” rule, which means that if you are partially at fault for causing your injury, your award for damages may be reduced by your percentage of fault. The Texas Legislature has passed a statute stating that if you are more than fifty percent (50%) responsible, you cannot recover any compensation from the other at-fault parties. It can be critical to your recovery to hire an experienced attorney that knows how to prove fault in a personal injury claim.

 

Why Legal Representation Matters

Navigating personal injury claims are complicated, involving stringent deadlines and complex legal rules. Securing representation from an experienced personal injury attorney can significantly enhance your ability to secure a fair settlement or verdict. An attorney can help gather and present evidence, negotiate with insurance companies, and advocate on your behalf in court.

 

Contact Gilbert Law Firm, LLP for Help With a Personal Injury Claim in Texas

Understanding Texas personal injury law is crucial for anyone involved in an injury-producing incident. By knowing your rights and the legal avenues available, you can better navigate the process of seeking compensation for your injuries. If you have been injured and believe another party is at fault, call the Gilbert Law Firm, LLP today.