If you were injured in Irving, knowing your legal options is vital. You could have a personal injury case and recover compensation. You may qualify for economic damages such as medical bills and lost income and noneconomic damages such as pain and suffering. Learn more about the deadline for filing a lawsuit and other crucial Texas personal injury laws below.
Texas Statute of Limitations for Personal Injury Cases
The statute of limitations is a crucial restriction determining how long you have to file a personal injury lawsuit. This time period varies depending on your state. In Texas, the statute gives you two years from your injury or accident date. If you miss this vital deadline, you could lose the right to pursue compensation to hold the wrongdoer accountable.
However, there are some rare exceptions to the Texas statute. For example, if you were a minor or legally incapacitated during the two years, you may be granted extra time to file a lawsuit. On the other hand, if you have a claim against a government employee or agency in Texas, you must file a notice of claim within six months or risk losing the right to compensation.
Texas Personal Injury Laws
Various Texas personal injury laws, such as caps on compensation and the comparative fault rule, can impact your personal injury case in Irving.
- Sovereign immunity. In the Lone Star State, government entities and employees are protected from some lawsuits. However, the Texas Tort Claims Act provides that you may still file a suit if your injury was caused by an agency or employee’s negligence or wrongful act.
- Comparative fault. Texas follows the modified comparative fault rule, meaning you can sue and seek damages even if you are partially responsible for your injury. However, you must be 50% or less at fault, and your compensation will be reduced by your percentage of fault.
- Damage caps. Texas places limits on compensation amounts for certain damages. For example, in medical malpractice cases, recovery for noneconomic damages such as pain and suffering is capped at $250,000 per defendant and $500,000 for multiple defendants.
Personal Injury Settlement Considerations
Timeline
The timeline for receiving a settlement in Texas can vary by case. For example, if you have a moderate injury and are expected to recover fully, your claim may settle in a few short weeks. However, if you suffer life-changing injuries and there are significant damages, your claim may take months or even years to settle. Going to trial can further increase the time until your case is resolved.
Tax Implications
Personal injury settlements generally aren’t taxed. However, you may have to pay taxes on specific portions of your settlement, such as lost wages and punitive damages. A tax professional can help you understand any tax obligations arising from your personal injury settlement.
attorney’s Fees
In Texas, personal injury attorneys usually work on a contingency fee basis, meaning they take a percentage of the settlement as their fee. While this typically amounts to around a third of a client’s settlement amount, attorney’s fees can vary. Discussing fees with your lawyer upfront helps to avoid misunderstandings.
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