When you suffer serious injuries caused by third-party negligence, you may be able to sue for financial damages in Houston, TX. This type of incident can result in significant monetary loss from the cost of medical bills, time away from work, and related expenses. An experienced personal injury attorney in Harris County, Texas can help you understand your legal rights in this challenging situation.
Establishing Negligence in Texas
Texas requires personal injury plaintiffs to show five elements of negligence for a successful case. You must prove that the defendant had a necessary duty of care, such as maintaining a safe public business or driving safely. Then, you must show that they failed to do so, perhaps by leaving ice and snow on the sidewalk or driving under the influence of alcohol. The third element of negligence requires proof that the breached duty of care resulted in your injury.
Next, you need to show that a reasonable person would consider the defendant’s actions harmful. For example, adults should know that drinking and driving can cause dangerous accidents. Finally, you must prove that your injuries resulted in personal hardship. If you can prove these five elements, you may have a personal injury case, whether you experienced a slip and fall, auto accident, dog bite, or other negligent incident.
Understanding Damages and Partial Fault
Texas allows you to claim both economic and non-economic damages:
- Economic damages include the actual costs associated with your injury, like job loss or hospital bills.
- Non-economic damages include impacts you can’t quantify, like pain and suffering.
Sometimes, the court decides that you share some responsibility for the injury. In this case, the judge will determine your percentage of fault and reduce your awarded compensation by that amount (up to 50%). For instance, if a drunk driver hit your vehicle, but your car had a headlight out at the time of the evening accident, you might have a fault percentage of 10%.
What is The Statute of Limitations for Personal Injuries in Texas?
You only have a limited amount of time to file a personal injury case in Texas. You must submit your lawsuit within two years of the incident. Otherwise, the court will not review your case, and you lose your chance to recover damages.
The state does have exceptions to this law. If the injury occurred before you turned 18, the two-year clock starts on your 18th birthday. The court may also give you more time if the defendant cannot be reached for a length of time during the two-year window after the injury.
Because of this time limit, it’s important to act quickly when you suffer an injury caused by someone’s negligence. A board certified personal injury lawyer can review the facts of your case and advise you about your next steps. Contact the Law Office of Shane R. Kadlec in Houston, TX today for a FREE CONSULTATION and take the next steps toward financial recovery.
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