Lawyers generally do not take a course called “personal injury law” in law school. Instead, they learn tort law doctrines that extend hundreds of years into the past. While some doctrines have evolved, many of the principles used to resolve today’s car accident and other injury cases were actually applied by judges and juries in England before the American Revolution.
As a result, many doctrines in personal injury law might seem strange or have complex applications. Here are five things you might not know about Texas personal injury law and what they mean for your rights.
1. The Statute of Limitations
All states have a statute of limitations that sets a deadline for filing a legal claim. The idea is that people and businesses need predictability in their legal affairs. Moreover, lawsuits require evidence. Over time, evidence can get lost, and memories can fade.
In Texas, the statute of limitations for personal injury cases is two years from the date of your injury. However, you should consider speaking to a personal injury lawyer to start your claim well before the two-year deadline so that you do not inadvertently miss the date.
Moreover, most cases start with an insurance claim. By filing an insurance claim before the deadline, your lawyer has time to negotiate with the insurer to settle it without filing a lawsuit.
2. Comparative Fault
In English common law, a victim could not recover compensation for an injury if they contributed to its cause in any way. This doctrine, called contributory negligence, meant a victim who was just 1% at fault would receive nothing.
Texas uses a modernized version of this doctrine called comparative fault. Under Texas personal injury law, the insurer or jury allocates fault among all the parties involved. The victim who filed the lawsuit can recover compensation as long as their share of the blame is 50% or less.
However, this doctrine limits the victim’s recovery to the other party’s share of the fault. For example, suppose that you were involved in a slip and fall accident in a grocery store when the shop failed to mop a rain puddle. The security video showed that you were looking at your phone when you slipped. If the jury assigns 10% of the blame to you, the court can only award compensation for 90% of your losses.
3. No-Fault vs. Fault-Based Claims
Texas is a fault-based state for auto accident insurance. The state requires all vehicle owners to buy liability insurance. When a crash occurs, the at-fault driver’s liability insurer must pay victims up to the policy limit.
On the other hand, some states, like Florida, use a no-fault insurance system. Under this system, all drivers can file a claim with their auto insurer after a minor accident, including the at-fault driver. In exchange for this guaranteed compensation, drivers lose the right to file a lawsuit against the at-fault driver unless they suffer a serious injury.
The no-fault system frees the courts from dealing with minor car crash cases. However, claimants often receive far less compensation in a no-fault state.
4. The Importance of Documenting Your Injuries Early
All legal claims require evidentiary support. For injury claims, the best proof of the cause and extent of your injuries typically comes from your medical records. Seeing a doctor or visiting the emergency room promptly after your accident can have several benefits.
First, you document how and when your injuries occurred. This can prevent the other party from claiming that your injuries were faked or exaggerated.
Second, you receive a diagnosis. This diagnosis can help you justify work restrictions that affect your income. It can also explain why you required surgery, physical therapy, and medication.
Third, you will get a treatment plan from your doctor. This plan will typically describe the medical care you will require in the future. It can also help your personal injury attorney explain any long-term or permanent disabilities you experience.
5. How Insurance Companies Can Impact Your Claim
Your lawyer will likely start your case by filing an insurance claim. This stage will determine whether you settle your claim quickly or file a lawsuit later on.
The insurer assigns your claim to an adjuster for investigation. The adjuster’s role is to prevent the insurer from paying claims outside of its legal obligations. The adjuster will review the at-fault party’s coverage and the grounds your lawyer asserts for liability. They will also review your losses.
The adjuster will then accept or deny the claim. If the adjuster accepts the claim, your personal injury lawyer may negotiate a settlement with them. If the adjuster denies the claim, the attorney can present additional evidence or legal arguments to overcome the denial. They can also advise you to file a lawsuit so that a court can resolve the issues raised by the adjuster.
FAQ
What Is Personal Injury Law?
Personal injury law determines when a person or business is liable for an injury you suffered. It is not the same as criminal law. This field of law results in monetary awards, while criminal law can result in incarceration.
What Are Some Examples of Personal Injury Cases?
Personal injury cases cover many scenarios that result in bodily injuries, including:
- Car accidents
- Premises liability
- Product liability
- Medical malpractice
Although all these areas fall within personal injury law, they generally use different legal doctrines.
When Should I Hire a Personal Injury Lawyer?
Consider hiring a personal injury attorney when you incur significant losses after an injury caused by someone else’s actions. A lawyer can analyze your situation and determine the value and strength of your case.
Call Ramsey Law Group to Discuss Your Personal Injury Case
The knowledgeable team at Ramsey Law Group has protected the rights of injury victims throughout Houston and beyond for over 25 years. Contact us to find out what we can do for you today.