Texas Personal Injury

Texas has a two-year statute of limitations for personal injury cases, meaning you have two years after your injury to file a lawsuit against the negligent party that injured you and their insurance company.

Texas uses a 50-percent modified comparative negligence standard in personal injury cases. If you are partially at fault for the car crash, slip and fall or premises liability accident that caused your injuries, you can still seek compensation. As long as you’re not mostly at fault, you might have a case.

The only types of Texas personal injury cases with damage caps are usually medical malpractice cases, which have a $250,000 cap on non-economic damages and a $500,000 total damage cap for a combined $750,000. The medical malpractice wrongful death cap is indexed for inflation. Although it was set in 1977 at $500,000 it has since grown closer to $2,000,000.

Types of compensation available to people in Texas who have been injured in a car crash or slip and fall include not only immediate medical bills but also future damages, such as the cost of having a home modified to accommodate someone who was disabled by an accident. Some of these other damages can include lost earning potential, future medical expenses, career retraining and more.