When you hire a personal injury attorney, you expect this person to have the answers, and most likely, they will. However, it is still a good idea to know something about personal injury law before you enter his or her office. That is why we want to let you know the four things about personal injury law in Texas that are important for you to know ahead of your personal injury case.
1. The Defendant Must Be Proven to Have Acted Negligently in Texas When the Accident Occurred
After someone has been injured, their attorney brings a negligence case against the defendant. To win a negligence case, the plaintiff must demonstrate the following:
• The defendant owed the plaintiff a legal duty to act with care.
• The defendant breached this legal duty at the time the accident occurred.
• The plaintiff suffered injuries due to the accident that was caused by the defendant’s negligence.
• The defendant’s lack of care was the cause of the plaintiff’s injuries.
You cannot go forward with a negligence claim unless all of these criteria are met.
2. Texas Follows the Comparative Negligence Law
In Texas, they follow negligence law, but it is a modified comparative negligence law. This means that you may still file a negligence lawsuit against the at-fault party if you also bear some responsibility for the accident. In this case, your share of the fault must be below 51% for you to be eligible for financial damages.
With this rule, if you receive more than 51% of the fault for a car collision, for example, you may not sue the other party for monetary damages. After being found to be less than 51% liable in the crash, the court will reduce the monetary damages that the jury awards you by the amount of fault the court gives you. For example, the judge gives the defendant 75% of the responsibility for the collision, but you receive 25% of the responsibility. If the jury awards you $100,000, the judge will reduce this amount by $25,000, and you will receive $75,000.
3. Texas Allows for Damage Caps in Personal Injury Cases
Texas law allows plaintiffs to receive economic damages that compensate them for things such as lost wages, medical bills, and property damages and non-economic damages, such as physical disfigurement, loss of consortium, pain and suffering, and loss of enjoyment in life. The state also allows these damages to be capped, but this will depend on whether you are an individual or a business.
For example, in a medical malpractice case, an individual’s award will be capped at $250,000. Other types of personal injury lawsuits cap individuals’ monetary awards at $500,000. When the damages are non-economic, Texas caps an individual’s award at $750,000, but the state allows for exceptions to this rule. If your business wins a personal injury lawsuit, it may receive as much as $1 million.
4. Texas Requires Its Residents to Warn Others
If two people enjoy a relationship in which one person is in control, Texas requires both parites to warn the other person of potential dangers. Three examples include doctors and patients, landlords and tenants, and employers and employees.
