Complicated and Complex Personal Injury Laws in Texas
All states across America mandate that employers pay workers’ compensation insurance for their employees. This insurance helps to pay the high costs associated with injuries and death from negligent accidents in the workplace.
If you are a resident and employee in Texas, the company you work for, by law, does not have to pay for workers’ compensation. The following information is about the laws and liability rules for personal injury cases in Texas.
If you are a legal resident of Dallas, Texas, and are employed, you have a right to get the compensation you deserve should you sustain injuries on the job. No accident happens without the negligent actions of someone or a company.
If the injuries you sustained due to someone’s negligence while on the job caused your death, it is your family’s right to seek compensation to pay for the unexpected costs of their loved one’s accident.
Compensation also pays for your end-of-life costs if you or a loved one dies on the job due to negligence. In either case, a personal injury claim filed in Texas depends on Texas’s laws.
Do You Have a Case Against a Negligent Person or Company?
The type of accident you experienced does not matter. What matters is that a person or company was negligent in their actions, and these actions caused your injuries. Never allow the actions of a negligent person to walk away free.
Depending on your case, you may be able to claim many things such as,
- Pain and suffering
- Physical injuries
- Emotional injuries
- Property damage
- Premises liability and more
Special Circumstances
There are exceptional circumstances that allow you to file your lawsuit in civil court after the two-year statute of limitations ends. However, hiring an experienced attorney with expertise in negligent accident/injury/death cases is critical to your negligent accident case.
Allow our attorney to review the facts of your claim. Our law firm can tell you if and how these limitations apply to your situation. We must consider,
What industry do you earn a living from, and is your work within the government sector?
Texas compensation laws are entirely different if you are a federal government employee and want to file for compensation benefits after being injured on the job.
Who is to Blame, the Victim or the Negligent Defendant?
Texas recognizes a law regarding shared fault in negligent accident cases. Your employer will argue that your accident and injuries sustained on the job were partly due to your careless actions.
We will explore all the facts of your accident, injury, or death to determine if you have a negligent accident case. We must determine if you share part of the blame for your accident.
Sharing the blame with your employer for the injuries you sustained on the job can, in the end, affect the amount of compensation you receive from all-at-fault people.
When you must share part of the blame for your injuries, your compensation amount decreases and is equal to the percentage of fault you share with the other person. This reduction in payment follows the (modified comparative negligence rule.)
If the court says you must take over 50 percent of the blame for your accident, you will be unable to collect monetary compensation from the other person at fault or the insurance company.
Texas Law and Caps on Injury Damages
The caps on settlement amounts in Texas apply only to medical malpractice cases. Other states place caps on compensatory damages that an injured person can collect in a negligent accident case.
The victim and their attorney must present their case in court to a trial jury. If the victim successfully presents their case to a jury and wins, damages are then awarded to you, the victim.
These negligent accident cases are becoming more complicated and complex. Because injury laws in Texas are complex, you need to have a seasoned and experienced negligent accident attorney fighting for your victims’ rights.
Never attempt to navigate the judicial system without an attorney when you file for compensation in your negligent accident case.
Another excellent reason you need an experienced attorney by your side is that few people are familiar with Texas laws as they apply to negligent accident cases. The laws in Texas regarding caps are complex.
You will not win your case when you decide to represent yourself in court. The defendant’s attorney and the insurance company can easily twist what you say, making you sound like the guilty party instead of the victim.
Negligent Accident, Injury, Death Cases as they Relate to Medical Malpractice
There are several ways and many locations where a negligent accident can happen, and some of these cases require you to file for a different set of damages in medical malpractice suits in Texas.
The most money you can collect for non-economic damages, such as pain and suffering from medical malpractice, is limited to $250,000 per person.
The law, until recently, said that there is an overall cap of $500.000 total that you can win. This $500,000 cap came into being in 1977.
Texas recently adjusted this $500,000 cap to approximately two million dollars to meet the demands of inflation. These figures only pertain to personal injury cases where there was medical malpractice.
Negligent Accident, Injury, Death Cases Against Texas Government
Obtain a trusted, licensed, and experienced Texas attorney specializing in negligent accident cases. If your accident caused your injuries on or off government property, you need us by your side. If you were on government property when your injuries occurred, you could not simply file a lawsuit against the government.
The claim you file for compensation must go to the branch of government responsible for causing your injury. You must file this formal claim no more than six months from the date of your accident/injury on government property. Your attorney will help you supply the correct information.
A fair and just settlement relies on your statement of the facts of your accident.
- Your claim needs to outline a complete description of your damages.
- You can outline the description of your injuries and back up this information with your doctors’ statements and medical records.
- Please state the time and date of your accident.
- Please state where the accident occurred.
- Weather conditions at the time of your accident are essential.
- Your information needs to include an in-depth summary of how your accident happened.
What are Tort Laws in Dallas? Can These Tort Laws Affect My Case?
Dealing with the tort laws in Dallas is complicated to understand unless you are an attorney. The two things that impact your case the most are,
- Texas’ statute of limitations
As with all states, including the state of Texas, you have a limited time by which you can file a claim for compensation for injuries. These statutes of limitations in Texas say,
“You have a deadline of two years from the date of your accident to file your claim with the civil court.”
If you file a claim in civil court after this two-year statute of limitation passes, the window of time for you closes. The civil court undoubtedly refuses to hear your case. Waiting beyond two years to file for compensation means losing your right to compensation benefits.
- Contributory Negligence Laws/Comparative Negligence/Proportionate Responsibility
An easier way to understand this law is that if you contributed the tiniest bit (one percent), you might not be entitled to file a claim for damages to recover your expenses.
If you are a tiny bit responsible for your accident, it may still be possible to file a compensation claim. However, there could be a decrease in your settlement or compensation amount.
This Texas law says that everyone must act responsibly in their actions. Everyone has a duty of responsibility to ensure the other person remains safe. If you acted irresponsibly in the slightest way, you could be held accountable as much as the other person.
Those who act carelessly, causing injury to others, breach a duty to keep others safe.
After Negligence is Established, Then What?
After we research the facts of your accident and appoint the negligent party in your case responsible for your damages, we can then calculate the cost of your claim. We will find out from you how your injuries affect your life. We establish all economic, non-economic damages, and possibly punitive damages.
- Economic Damages
These damages pertain to all of your financial losses. These losses include loss of wages, property damage, medical bills, nursing care, and more.
- Non-Economic Damages
These damages pertain to all other losses you cannot put a price tag on, such as the pain and loss of companionship, loss of quality of life, scarring, disfigurement, and more.
- Punitive Damages
These damages are awarded to you by the judge as punishment for the negligent person in your case. This negligent person was found grossly careless, and their actions were possibly intentional, so they caused you harm.
Settling with the Insurance Company and The Negligent Person or Company
We have met only a few clients who relish filing a lawsuit against another person. Most victims do not relish going to court and suing someone; this includes insurance companies with a vested interest in a negligent accident case.
Our attorneys and others would instead opt to settle your negligent accident case out of court. We always go to the table for negotiations, and we keep an open mind in our negotiations. Sometimes we find out-of-court settlements are unsuccessful, and we must take the guilty party to court. We find that this is the only option we have to get you the settlement you deserve.
You may believe your insurance company is working for your best interest; however, they are not. They are working for the best possible outcome for their company, and money is always the bottom line. Insurance companies do not want to pay you or pay you as little as possible. For this reason, we cannot simply settle with the insurance company.
Insurance companies always attempt to reduce your settlement amount, and they have a treasure trove of tricks they may use to accomplish this goal. It is not unusual for insurance companies to use these tactics.
- Twist your words.
- Manipulate your statements.
- Make the victim appear as the guilty party.
Texas Laws Concerning Liability for Victims’ Losses
When you are a victim of a negligent person’s actions, the responsibility could lie with multiple entities.
- The other citizen
- The Texas Department of Transportation
- The manufacturer of your car
- Your employer
- Another employee
- A property owner and more
Our attorneys will work to bring to justice the injustice done to you through another person’s negligent actions.
Texas Laws Protect Victims In Many Ways
There is an endless list of locations where these negligent accidents occur, how they occur, and the impact these damages have on their victims. Some examples can include the following.
- Construction sites
- Texas roadways
- Private properties
- The workplace across all industries
- School campuses
- Medical facilities
Allow Us to Calculate Your Damages
You need to call us immediately if some person caused you a breach in your safety through careless actions. If you cannot call us, please appoint a trusted advocate to place this call. We want to hear the facts of your case to determine if you have had a negligent accident. If you cannot visit us at our Dallas office, we will come to you if you are in the hospital or rehabilitation facility or healing at home.
Our law firm can calculate all economic and non-economic damages or losses you experienced through your negligent accident caused by a careless person or company. We can place a settlement value on these losses that reflect the total extent of your losses, injuries, and rehabilitation.
After calculating all the losses, you will be amazed at how much you lost at the hands of a negligent person or company. We will help you recoup this amount from insurance companies and all negative entities causing you harm.
You Need Our Expertise to Fight for Your Victim’s Rights
You have options if you are injured due to another person or a company’s negligent action. These types of injuries cause you a great many unexpected expenses. In most cases, you lose time from work. Some of our victims can never return to work and must file for disability.
The first thing we tell you is not to admit responsibility for your accident. Never say you are sorry. Never say that your accident was your fault and never say that you need to share in the responsibility for your accident.
Admitting fault may not be the case at all. Saying these things makes your compensation case weaker and the defendant’s case stronger. You can jeopardize your chances of a fair settlement. You need this money to live and pay for all your unexpected expenses due to that person’s negligent actions.
Our experienced and licensed attorneys know Texas law as it pertains to negligence. We have a winning track record in negligent accident, injury, and death cases in Texas.
Please call us as soon as possible if a negligent person caused you harm. We want to hear your story and all the facts you offer about your accident. We know you are trying to recover and heal, so if you cannot come to us, we are happy to come to you.
Hire us to ensure you get a fair settlement. We will work hard to protect your victims’ rights and get you the settlement you deserve. Our attorneys take the worry of finances off your shoulders. We work hard to help you receive the compensation you need for the unexpected costs associated with your accident.
Our goal for you is to recover and heal. We will do all the rest. We are fierce advocates of your legal rights.
