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Texas Personal Injury

Texas Personal Injury Laws

In This Section:

Get a better understanding of personal injury law in Texas. Know your rights, how much compensation you can receive, and find out if you even have a case. Because the law and rules differ from state to state it is always wise to seek guidance from an experienced Texas personal injury attorney. We have highlighted some of the major areas for Texas injury law below.

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Texas Statute of Limitations

(How long do I have to file a claim in Texas?)
You have 2 years to file your claim In Texas under the states statute of limitations. This is for any type of personal injury, including medical malpractice and even product liability cases. Failure to file your claim in the time alloted can mean insurance denial or court dismissal of your claim. Texas statute of limitations may change at anytime, you should contact an attorney for details on limitations. Texas Title 2 about Trial, Judgment, and Appeal shows the outline on the Texas statute of limitations.

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Texas is a Fault State for Car Accidents

These rules apply to car accident cases for Texas. Because Texas is a "fault state", if you are injured you need to prove the other parties fault before you will receive any compensation from an insurance company.

Texas is a 51% Negligence Rule State

This negligence rule used by Texas means that you can sue the other party if they were atleast 51% at fault of your injuries or the accident. A personal injury attorney in Texas can assist you in proving 51% negligence.

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Are there Medical Malpractice Damage Caps in Texas?

(How much can I sue for my injuries sustained?)
The cap on non-economic damages for medical malpractice in Texas is $250,000 for a single healthcare facility. In addition, total liability for malpractice in Texas can't exceed $500,000. So total, this damage cap is $750,000. -Damage caps can rise or fall periodically. It's wise to speak to a Texas personal injury attorney for damage caps as they pertain to your case.

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