Suffering an injury due to someone else’s negligence can be overwhelming, both physically and financially. Understanding Dallas personal injury lawyers is crucial to ensuring you receive fair compensation for your losses. Whether you’ve been involved in a car accident, slip and fall, or another personal injury case, knowing your rights and legal options can make all the difference.
Statute of Limitations in Texas
One of the most critical aspects of personal injury law is the statute of limitations, which dictates how long you have to file a claim. In Texas, the statute of limitations for most personal injury cases is two years from the date of the injury. If you fail to file a lawsuit within this time frame, you may lose your right to seek compensation.
Exceptions to the Statute of Limitations
While two years is the general rule, there are exceptions:
- Minors: If the injured party is under 18, the statute of limitations may be delayed until they reach adulthood.
- Government Claims: If you are suing a government entity, you must file a notice of claim within six months of the injury.
- Discovery Rule: In cases where an injury is not immediately apparent, the statute may begin when the injury is discovered rather than when it occurred.
Comparative Negligence in Texas
Texas follows a modified comparative negligence rule, which means that your compensation can be reduced if you are found partially responsible for the accident. If you are 51% or more at fault, you will not be able to recover any damages.
For example, if you are awarded $100,000 but found to be 20% at fault, your compensation would be reduced by 20%, leaving you with $80,000.
Types of Damages Available
Texas law allows injury victims to seek compensation for various types of damages:
Economic Damages
- Medical expenses (hospital bills, surgeries, rehabilitation, medications)
- Lost wages (income lost due to missed work)
- Property damage (vehicle repairs or replacement)
Non-Economic Damages
- Pain and suffering (physical pain and emotional distress)
- Loss of enjoyment of life
- Disfigurement or permanent disability
Punitive Damages
In cases of gross negligence or intentional harm, Texas courts may award punitive damages to punish the at-fault party. These are awarded in rare cases and are capped at either $200,000 or twice the amount of economic damages plus non-economic damages, up to $750,000.
How to File a Personal Injury Claim in Texas
If you are injured due to someone else’s negligence, follow these steps to protect your rights:
1. Seek Medical Attention
Even if your injuries seem minor, seeing a doctor immediately can prevent complications and create a medical record to support your claim.
2. Gather Evidence
- Take photos and videos of the accident scene, injuries, and property damage.
- Collect witness statements and contact information.
- Keep medical records and bills to document your expenses.
3. Report the Incident
- In auto accidents, file a police report.
- For workplace injuries, notify your employer immediately.
- In premises liability cases, report the accident to the property owner or manager.
4. Contact a Personal Injury Attorney
Navigating personal injury laws can be complex. An experienced attorney can help you:
- Evaluate your case and determine liability.
- Handle negotiations with insurance companies.
- Represent you in court if necessary.
How McGilberry & Shirer Can Help
At McGilberry & Shirer LLP, we have over 60 years of combined experience in personal injury law. We fight aggressively to ensure our clients receive the compensation they deserve. Whether you’ve been injured in a car accident, truck accident, slip and fall, or another incident, our team is here to help.
We understand that injuries can happen anytime, which is why we are available 24/7 to assist you. Contact us today for a free consultation and let us protect your rights.