Any person who has been injured in an accident needs to turn to an injury law firm in San Antonio, TX for assistance. There are numerous laws that may be a factor in the settling of the case, and the average person cannot be aware of all of these laws and when and how they apply. Following is an overview of the law in the state, and an attorney can be of great help in providing more information.
Texas has imposed a statutory limit on the length of time a person has to file their lawsuit in court. The deadline differs based on the type of case to be filed, but most find they have two years from the date they were injured to file their claim in civil court. In the event this deadline is missed, the individual won’t be able to take legal action and therefore won’t receive compensation.
Shared fault also needs to be considered in the state of Texas. When a person is in some way responsible for the accident that led to their injuries, even if only partially, they may receive less compensation. The amount of compensation will be reduced by the percentage of fault of the victim. In the event the person is more than 50 percent responsible for the accident, they are entitled to no compensation under state law. Every court in the state must make use of this law during a personal injury trial.
Furthermore, the state places caps on certain types of damages a person may receive, and this also depends on the type of case. For example, in a medical malpractice case, damages for pain and suffering are limited to $250,000 per defendant, and a victim cannot receive more than $500,000 total from all responsible parties. The limits established by the state confuse many individuals, and this is another area where an attorney can be of great help.
The attorneys at the firm will be more than happy to assist in preparing a solid case on the injured party’s behalf. In addition, they ensure the rights of their clients are protected at all times. Give them a call today.