In the state of Texas, personal injury law covers cases that arise from accidents when another person’s negligence causes you or a loved one harm or injury. Injuries can leave you in immense physical pain, not to mention the mounting medical bills and expenses from missing time at work. Fortunately, there are laws to help you recover compensation from the careless or reckless party for your losses.
However, the civil law process is challenging and can often be overwhelming. Hiring a knowledgeable legal professional could help you avoid delays and get the payout you need for recovery and other expenses. Contact a hard-working Sachse personal injury lawyer at our firm for more information or to schedule a consultation.
Important Legal Statutes for Civil Claims
There is legislation that an injured person must follow correctly in order to file a successful claim for damages. A Sachse personal injury claims attorney could help a claimant navigate this complex legal system.
The Statute of Limitations
There are important rules and timeframes to be aware of when filing personal injury claims. Per the Civil Practice and Remedies Code section § 16.003, a claimant must file a lawsuit for personal injury damages no more than two years after the cause of action. Though, there are some exceptions to the rule, which is why it is always best to speak with experienced legal counsel.
The Comparative Negligence Rule
Another crucial rule in personal injury law is the comparative negligence statute. As per the Civil Practice and Remedies Code section § Sec. 33.001, if the court finds that an injured person shares a portion of liability in the accident, that does not bar them from recovering compensation for damages. Instead, the rule provides that a claimant can still recover damages so long as their portion of liability does not exceed 50 percent.
There must be specific components present to prove liability in negligence claims. Three elements must be established in order to succeed in a negligence suit. The first element is the duty of care, meaning the defendant has a legal obligation to behave in a way that does not bring illnesses or harm to another person. The second element is a breach of that duty of care. The third element requires a claimant to prove that the breach of duty was a proximate cause of the injuries the claimant sustained. Additionally, in order for an action or inaction to be consider a proximate cause, it must be foreseeable to a reasonably objective person that the action or inaction could lead to the type of injury suffered by the claimant.
If the defendant’s hazardous actions caused the claimant’s injuries, the civil action meets these elements. They must also show that another reasonable person in the same situation would not have acted in the same careless or reckless manner. Finally, an injured person must establish to the court that they suffered verifiable expenses and losses because of the other party’s irresponsible actions.
Damages in Personal Injuries Cases
After the claimant establishes negligence, the court will award damages under two major categories. Compensation amounts will cover economic and non-economic damages. Economic damages cover the variable, out-of-pocket expenses a person sustains because of their injuries. Non-economic damages cover non-monetary and subjective losses they suffer. Recoverable damages might include, but are not limited to:
- All current and future medical care expenses
- Payment to cover the loss of wages while recovering
- If the injury leads to a long-term disability, compensation for lost future earning potential
- Transportation expenses
- Payment for home modifications, if necessary
- Pain and suffering
- Emotional pain and anguish
- Permanent disability
The court will review the cause of action and total losses to determine the total award amount. A personal injury lawsuit lawyer in Sachse could go over the details of a specific accident and injuries, as well as answer questions on potential damages and recovery during an initial meeting.
Schedule a Consultation with a Seasoned Sachse Personal Injury Attorney
If another person’s reckless or careless actions caused injuries to you or a loved one, you should not have to cover the costs of the damages. The state of Texas’ personal injury statutes provide you with the legal right to hold them accountable for their negligent actions.
A diligent attorney at our firm could help you throughout the entire legal process to seek the compensation you need and deserve. Contact a committed Sachse personal injury lawyer to schedule a meeting today.