Have you been involved in a work place accident, slip and fall or auto accident? If so, then filing a personal injury claim may be on the horizon. Texas, like other states, has some limits on the time to file a claim and how much can be awarded for a particular claim. We are here to help sort out all that information to make it easier for you.
Statute of Limitations
Were you involved in a slip and fall, auto accident, or other personal injury, and you are now having physical ailments from it? There is a limit for how long after a personal injury you can file a claim known as the “statute of limitations”. In Texas, the statute of limitations for a personal injury is 2 years. After the 2 years are up, the chances of your claim being heard in court are slim to none. They can and most likely will refuse no matter how big or small injuries are.
What Auto Insurance Must you Carry in Texas
Owning a car comes with the added responsibility of carrying insurance on that car. Texas has some minimum requirements to the car insurance you must have:
- $30,000 for each injured person
- $60,000 for injuries per incident
- $25,000 for property damage
Of course these are only the minimums you must carry on your insurance, however, there are plenty extras you can add. For example:
- Collision: Helps pay for damages to your car
- Uninsured Motorist: covers you if you are involved in an accident caused by a driver that in uninsured.
- Comprehensive: You would get this added to help pay for damages to your automobile caused by things like hail, tree falling, anything that is not collision-related.
- Towing and labor
Who is at Fault for an Accident in Texas?
Texas is a state that uses a modified comparative fault system when determining who/what caused the accident. Basically, this means that the award amount a plaintiff can receive will be reduced by the percentage of the degree he or she is at fault for his or her injuries. For example, if you were in a car accident that resulted in $10,000 worth of damage, but you were found to be 25% at fault in the accident, the most you could be awarded in this case would be $7,500. Furthermore, Texas follows what is known as the “51% Bar Rule” which means if the damaged party is 51% or more at fault, he or she cannot collect damages.
A Prior Texas Personal Injury Claim
In 2010, Brenda Alcala, from Dallas was awarded $1.2 million for a slip and fall incident. It occurred in front of the Quad-City hotel where there was an icy patch of sidewalk. Because of the fall she shattered her ankle, had two surgeries and now walks with a limp. These types of cases can be difficult to prove because it has to be determined that the hotel did everything they could to melt the ice. However, the paramedics on the scene ended up spreading their own salt to melt the ice.
Damage Caps in Texas
Many states institute a cap on the amount of dollars that can be awarded in a personal injury case. In Texas, limitations on damages are only applied in cases involving medical malpractice. If you are involved in a medical malpractice case, you can sue the doctor for non-economic damages for up to $250,000 and also the healthcare facility for up to $250,000. Nonetheless, if you have suffered a personal injury due to the actions of another party, such as an injury from a slip and fall incident or a car accident, you should consult with an Texas personal injury attorney to discuss how to recover any losses you may have incurred.