Filing a personal injury lawsuit involves pursuing legal action against a party whose negligence or intentional actions caused harm. Texas law allows individuals to seek compensation for economic damages (such as medical expenses and lost wages) and noneconomic damages (such as pain and suffering). Understanding a few key aspects of Texas law can help you better navigate the process of filing a personal injury suit.
Texas Statute of Limitations for Personal Injury Cases
The statute of limitations is a legal deadline dictating how long an individual has to file a lawsuit after an injury or harm occurs. This time limit is crucial because once the statute of limitations expires, the injured party generally loses the right to sue for damages, regardless of the severity of their injury or the strength of the case.
In Texas, the statute of limitations for most personal injury cases is two years from the date of the injury. If a person’s injuries resulted in death, their estate has two years from the date of their death to pursue a wrongful death claim. If the incident happened in the workplace, the injured worker gets only one year to begin a case.
Numerous other fact patterns can shorten or lengthen the statutory period, such as claims for injuries related to asbestos or silica exposure (which can take years to develop) or claims against government entities (which usually have shorter time limits). Understanding and adhering to the statute of limitations applicable to your case is essential to protecting your legal rights.
Texas Personal Injury Laws
Personal injury laws vary by state. Knowing some basic tenets of Texas’s personal injury laws can help you understand whether you have a claim, how to begin the process and what you can expect to recover.
- Who can file a claim. In Texas, anyone who has suffered harm due to another party’s negligence or intentional actions can file a personal injury claim. This includes individuals, minors (through a guardian) and the legal representatives of deceased victims (in wrongful death cases).
- Modified comparative fault. Plaintiffs partially to blame for their injuries can still sue someone else if they are less than 50% at fault. This is called a modified comparative fault rule. If the jury finds the plaintiff is more than 50% at fault, they cannot recover damages. If the plaintiff is 50% or less at fault, any damages awarded will be reduced by their percentage of fault.
- Damage caps. Texas law places caps on noneconomic damages (such as pain and suffering) in medical malpractice cases. The cap is $250,000 per defendant and $500,000 overall for noneconomic damages against all defendants.
- Punitive damages. Punitive damages, intended to punish the defendant for egregious conduct, are capped in Texas at either $200,000 or twice the economic damages plus the noneconomic damages (up to $750,000), whichever is greater.
- Wrongful death claims. In Texas, a decedent’s spouse, children or parents may file a wrongful death claim. The loss of a fetus may be pursued as a wrongful death claim if it wasn’t caused by the mother.
- Proportionate responsibility. If multiple defendants are found to be at fault, each defendant is usually responsible only for their proportionate share of the damages based on their percentage of fault. (This is in contrast to joint and several liability, where a plaintiff can recover the full amount from any at-fault defendant, who must then pursue a separate action for reimbursement from the others.)
These laws are essential to understand when pursuing a personal injury case in Texas, as they directly impact how claims are filed, the potential recovery and the outcome of the case.
Personal Injury Settlement Considerations
Timeline
It can take several months or years to settle a personal injury case in Texas, depending on the complexity of the situation, the severity of the injuries, the willingness of the parties to negotiate and whether the case goes to trial. Texas does not have specific laws governing the timeline for reaching a settlement. However, once a settlement is agreed upon, a defendant typically has 30 days to pay the agreed amount unless the settlement terms provide otherwise.
Tax Implications
Most parts of personal injury settlements are not taxable, since they are intended to “make the plaintiff whole” or put them in the same position they would have been in without the injury. However, portions of the settlement that cover lost wages, interest on the settlement and punitive damages may be subject to federal income tax. If you agree to a structured settlement, a portion of the payments may be taxable. Your attorney can help you understand exactly what your tax liability will be before agreeing to the settlement.
Attorney’s Fees
Personal injury attorneys in Laredo typically work on a contingency fee basis, which means they receive a percentage of the settlement or court award as their compensation rather than charging an hourly fee. The standard contingency fee ranges from 33% to 40% of the total recovery. This percentage can vary depending on factors like the case’s complexity, the stage at which it is resolved and whether it goes to trial.