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Call us atPersonal injury law applies to cases wherein an individual is harmed, usually because of another person’s negligence. This is one thing that sets it apart from criminal law; in personal injury lawsuits, negligence or strict liability is usually the source of the harm instead of criminal activity. Personal injury suits also fall under civil law, which means that a private party is suing another party, unlike criminal law, wherein the government is the one pressing charges. It constitutes the largest category of civil lawsuits, as it covers vast circumstances. In Texas, some leading causes of personal injury include dog bites, slips and falls, vehicular collisions, construction accidents, and medical malpractice. This article will discuss the laws safeguarding the civil rights of Texans in the event that they suffer a personal injury. You will also learn about the specifics and exceptions regarding damage caps and statutes of limitation for Texas personal injury cases.
When filing a medical malpractice suit, victims must also find an expert witness who can testify in court that the defendant was indeed negligent in fulfilling their medical duties. However, remember that the law recognizes sovereign immunity, which means that a victim generally cannot recover monetary damages when suing government entities.
Car accidents are common in Texas. The Lone Star State had the most fatal car accidents out of any state in 2022, with a total of 4,496 deadly crashes. According to the traffic crash facts released by the Texas Department of Transportation for that same year, one crash occurred every 57 seconds, and one person lost their life in a car accident every 1 hour and 57 minutes. Not a single day in that year passed without a roadway fatality.
When it comes to determining liability for a car accident, Texas follows the at-fault system. This means drivers must pay for the damages they caused, and the at-fault driver’s insurance provider usually shoulders these payments. Texans who wish to purchase a car are required by law to buy a car insurance policy that meets the “30/60/25” minimum requirement for car accidents.
The modified comparative fault applies to car accident lawsuits in Texas. Under this rule, if you are found to be partially at fault for the accident, the monetary compensation you will receive will be reduced proportionally to the amount of fault you share for the accident. Additionally, if the court determines that your fault in the accident exceeds 50%, you are barred from recovering damages.
Texas follows a strict zero-tolerance policy when it comes to DUI cases. A drunk driver who injures someone in a car crash can be charged with a third-degree felony, which comes with a fine of up to $10,000 and two to 10 years of imprisonment. If the victim sustains a brain injury from the accident, the offense is raised to a second-degree felony and the maximum prison term is increased to 20 years.
The state has a special compensation program for DUI victims, known as The Crime Victims’ Compensation Program. DUI counts as a serious crime in Texas, and victims can apply for reimbursement for expenses such as lost earnings, funeral costs, and medical bills.
However, the victim must be able to prove that they did not contribute to the DUI incident. The program is also limited to victims without any other source of compensation, and the most they can recover from it is $50,000, which is lower than what a victim can recover from filing a personal injury lawsuit.
According to the Texas Alcoholic Beverage Code, an establishment that has been granted a license to sell alcohol within the state may be held responsible for the damages caused by an intoxicated individual.
To pursue legal action against the bar or any business that serves alcohol, there must be sufficient evidence that it has continued to serve an intoxicated person. However, all parties involved must note that a dram shop lawsuit does not nullify the drunk driver’s responsibility for the accident they have caused.
People hosting parties within their own properties, also known as “social hosts,” are generally excluded from this law unless the drunk individual who caused the accident paid for their alcohol. This immunity is waived if the individual overserved is below 18 years of age. The legal age of drinking is 21 years old.
In Texas, product liability suits fall under the strict liability doctrine. This means that victims do not need to prove negligence, and if a product caused their injuries, the defendant is liable for their damages.
One notable exception applies to defective pharmaceuticals, wherein manufacturers may dodge liability if they use an FDA-approved warning. However, they can still be sued if it can be proven that they hid information from the FDA.
Product liability actions require the victim to prove that they were using the product according to its intended use when they sustained the injury. Additionally, if the defendant can prove that their product complies with the mandatory safety standards and regulations prescribed by the federal government, they may be able to avoid liability.
In Texas, property owners are legally responsible for keeping their premises safe for visitors. Visitors are classified into three categories:
Trespassers do not have the same rights to pursue a premises liability lawsuit, as they do not have permission to be within the premises to begin with. The only duty owed to them by the property owner is to avoid willfully causing injury.
An exception may apply to child trespassers if the injury resulted from a hazardous condition that can be considered attractive to children. This principle is known as “the law of attractive nuisance,” and it requires property owners to take necessary measures to bar children from accessing such hazards.
The open and obvious doctrine also applies to premises liability cases in Texas. If the hazard is considered open and obvious, the owner may not be liable for the victim’s injuries.
Texas is one of the states that follow the one-bite rule, which means that the dog bite victim must be able to prove that the owner was negligent in handling their dog to receive compensation. Usually, a previous dog bite incident is enough grounds to place responsibility on the owner to take extra caution.
In cases wherein the dog can be proven dangerous because it already bit someone before, strict liability may also apply. Under these circumstances, the victim no longer needs to prove negligence. Landlords may also be held responsible for dog bite claims if they fail to ensure the rental premises are free from dangerous dogs.
The Texas Department of Insurance provides resources for the insurance needs of businesses within the state. However, unlike most other states, most private companies in Texas are not required to carry workers’ compensation insurance. Meanwhile, business entities who wish to work with local governments for projects must offer coverage for the staff members involved in the project.
Employers who do not carry workers’ compensation are required by the law to undertake the following actions:
Texas employers must also take note that coverage obtained through unregulated insurance providers cannot be considered workers’ compensation. They must make sure that the DWC has verified the policy.
In Texas, businesses are required to have commercial auto insurance on their vehicles. The minimum coverage requirements are as follows:
Additionally, even though the law does not require it, business owners should obtain hired and non-owned auto insurance for personal vehicles used for work purposes. Personal auto policies will not cover any vehicular accident that takes place while the automobile is being used for business purposes.
Personal injury victims in Texas have the right to sue for economic, non-economic, and punitive damages. Economic damages cover lost wages and capacity to earn, medical costs, and property damage, while non-economic damages include general inconvenience, pain and suffering, loss of companionship, and emotional pain.
The upper limit for punitive damages in Texas is $200,000 or twice the calculated economic damages, whichever is higher. Damages that can be recovered from government entities are also limited to $250,000 per individual and $500,000 per accident. Additionally, the maximum recoverable amount in non-economic damages for medical malpractice cases is capped at $750,000.
There are no limits on how much a personal injury victim can recover in economic damages, and they can receive as much compensation as they have paid out or owed due to the injury.
The standard statute of limitations for personal injury cases in Texas is two years, with the following exceptions:
The Dallas Bar Association, founded in 1873, is committed to initiatives that enhance public service and the administration of justice. It sponsors a LegalLine clinic every Wednesday from 4 a.m. to 8 p.m., where volunteer attorneys address legal inquiries for free. Slots are limited, and registration closes on Tuesdays at 12 noon. The DBA’s website provides an updated link to the registration form each week.
Texas Free Legal Answers is a service provided by the American Bar Association. The virtual legal clinic provides qualified users a means to post their civil, non-criminal legal questions for free, which will be then answered by legal professionals within the state. It addresses inquiries on employment and unemployment, consumer rights, and disability.
Managed by the Texas Legal Services Center, TexasLawHelp.org is a 501(c)(3) nonprofit organization that emphasizes delivering free and reliable legal information to low-income Texans. It provides resources on qualifying for legal aid and relevant information on what you must expect when working with private attorneys. Guide overviews for county-specific courts are also available on its website.
The El Paso Dispute Resolution Center has resolved hundreds of cases since its foundation in 1988. Its mediation services provide a more economical and less time-consuming alternative for those who wish to settle their legal disputes without going to court. The centerer’s facilities are wheelchair accessible, and parties seeking resolution can opt to conduct the mediation process in English and Spanish. It mediates matters involving personal injury, threats and assaults, consumer and merchant disputes, and uninsured motorists.
CARE for Accident Victims is a nonprofit organization that provides a network of support and guidance to individuals and families navigating the aftermath of an accident. The organization helps those who have been injured as a result of vehicular collisions, workplace accidents, and medical malpractice. It also offers resources on wrongful deaths and bad faith insurance.
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