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Texas Personal Injury LawThe following summary of Texas personal injury laws and case types will help you understand important aspects of injury claims in this state:Texas Statute of Limitations:ANY Personal Injury: 2 yearsMedical Malpractice: 2 years Products Liability: 2 years Caps on Personal Injury Awards in Texas:For medical malpractice, the laws in effect in Texas place a limit on non-economic damages for all doctors and health care practitioners at $250,000. One health care facility may not exceed $250,000, and total liability for all defendant health care facilities may not exceed $500,000, creating a total damages cap of $750,000.Texas Serious Injury Threshold:There is no serious injury threshold in the state of Texas.Texas is a fault state, meaning that the injured party must prove that the other party was at fault before the insurance company will pay. Personal Injury Claims & Theories of Liability in Texas:Wrongful Death Case: Wrongful death actions are allowed in the state of Texas. The Wrongful Death statute provides the exclusive remedy for wrongful death in Texas, and compensates the victims spouse, parents, and children for losses they sustain as a result of the decedent's injury and death.Slip and Fall Accident: Because there is no way to determine who was truly at fault in these types of accidents, the injured party must prove that the condition was dangerous, that the owner of the premises knew it was dangerous and that the condition created an unreasonable risk. Auto Accident Claim: When an injury or property damage occurs as a result of the negligence of another, the injured party may be entitled to compensation for their car accident. Medical Malpractice Cases: When medical doctors do not perform according to the standards of professional practice, they can be held liable. Product Liability Lawsuit: Injury that occurs due to defective design, manufacturing, marketing or inadequate warnings falls within the category of products liability. Workers' Compensation Law: Texas is a non-compulsory state meaning that employers are not required to carry it unless it is a government entity or a construction contract for a government entity. Attorney’s fees are also capped at 25% by statute. For More Information Check out these sites: Texas Department of Insurance Official Texas State Website Return from Texas Personal Injury Law to all Personal Injury Laws Return from Texas Personal Injury Law to Personal Injury Claims How Much Is Your Case Worth? Find out NOW! Complete this form for a FREE case review by an experienced attorney... The accuracy of information on this site is not guaranteed. Information on this site is strictly opinion and should not be considered formal legal advice. Under no circumstances should the information on this site be used to make decisions about the proper course of a legal matter. Click below to read our full User Agreement, Disclaimer and Copyright Information.
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