Personal injury litigation is subject to different regulations in every state. To bring a case in Texas it is very important that you consult an experienced Texas personal injury lawyer, who can guide you through the states unique laws.
Personal injury litigation includes many types of action, including car accident cases, defective products cases and medical malpractice cases. A personal injury claim in Texas can arise from negligence or intentional wrongdoing.
In Texas you must prove four elements to win any negligence case:
1. The defendant owed you a duty
2. The defendant did not fulfill that duty
3. The defendants breach of duty resulted in your injuries
4. You suffered damages
Texas follows the doctrine of modified comparative negligence. This means that a defendant is responsible for the proportion of the damages equal to their proportion of the blame in the injury. However, a plaintiff cannot recover if they were 50% or more at fault for the injury. If the plaintiffs negligence was 49% responsible for an accident, a defendant can still be required to pay 51% of the damages. However, if the plaintiff was 50% responsible for the accident the defendant will not have to cover any damages.
Texas personal injury law follows a hybrid doctrine of joint and several liability when determining liability between multiple defendants. Any defendant who is less than 50% at fault is only liable for the share of the damages equal to their proportion of the blame. Any defendant who bears more than 50% of the blame is held liable for the whole amount of the damages.
Texas law limits non economic damages in medical malpractice cases to a maximum of $250,000 against health care practitioners and $250,000 against hospitals and facilities. Non-economic damages include pain and suffering, loss of quality of life, loss of companionship, emotional distress and humiliation.
Texas law requires a unanimous jury verdict in order to award punitive damages. Punitive damages are awarded to punish the defendantís wrongdoing.
In Texas you have two years to file a personal injury lawsuit under the states statute of limitation.
If you are considering pursuing a claim in Texas you need the counsel of a personal injury attorney who understands the nuances of Texas law. The sooner you begin working with an attorney the easier it will be to build your case and reach a successful outcome.