Ask a Lawyer: Can I Sue for a Spinal Cord Injury Sustained in Texas?
If you or someone you know has sustained a spinal cord injury, you may be wondering whether you can file a lawsuit. Here are some answers from a catastrophic injury lawyer in Houston, TX, on when and how you can sue for a spinal cord injury in Texas.
Can I Sue for a Spinal Cord Injury Sustained in Texas? Answers from a Catastrophic Injury Lawyer in Houston, TX
Establishing Fault for a Personal Injury Claim
A spinal cord injury due to someone else’s negligence falls under Texas laws governing personal injury. The key is proving fault, i.e., giving evidence that clearly establishes your injury was caused either by another party’s negligence or by their intentional act.
The Modified Comparative Fault Rule
Texas law has a modified comparative fault rule. This means that even if you were partially at fault for the incident that caused your injury, you can still recover damages, as long as you are not more than 50% responsible for the accident. If it is clearly proven that you were more than 50% responsible, due to either action or inaction, then you cannot be awarded any compensation under Texas law. If you’re under 50% at fault, whatever you’re awarded will be reduced by the same percentage as your fault.
The Statute of Limitations
For most personal injury cases, this period is two years from the date of the injury. Some circumstances could extend or alter the statute of limitations. For example, if the injury was not immediately apparent, the statute of limitations might not begin until you discovered, or should have reasonably discovered, the injury.
A Spinal Cord Injury Sustained on the Job
If your employer carries workers’ compensation insurance, workers’ compensation can provide benefits for medical treatment and lost wages, though it may not cover non-economic damages like pain and suffering. However, a personal injury lawsuit may be the way to go if your employer does not carry workers’ compensation insurance, or if a third party (such as a subcontractor or equipment manufacturer) was responsible for your injury.
Types of Compensation Available for Spinal Cord Injuries
The various types of compensation awarded in a personal injury lawsuit are referred to as “damages.” These damages generally fall into two categories: economic and non-economic. Economic damages include what you can gather receipts for, like medical bills, rehabilitation costs, lost wages, and other tangible losses. Non-economic damages are compensation for the more intangible losses you have sustained (pain and suffering, loss of enjoyment of life, and emotional distress).
What to Expect During a Spinal Cord Injury Lawsuit
After your attorney files the initial complaint, both sides will engage in a discovery phase, where evidence is gathered and exchanged. Many spinal cord injury cases settle out of court, but if a fair settlement cannot be reached, your case may go to trial. At trial, a judge or jury will hear the evidence and will then decide whether the other party is liable and, if so, how much compensation you should receive.
If you or someone you know has suffered a spinal cord injury, contact the Law Office of Shane R. Kadlec in Houston, TX, for help exploring your legal options.
