In Texas, personal injury law is central to safeguarding the rights of individuals who have suffered damages due to another party’s intent or negligence. This branch of law is wide, and thousands of cases are filed yearly. What are the most common personal injury lawsuits in Texas? Understanding these cases will shed light on potential hazards and help residents take precautions to avoid accidents.
Join us as we delve into Texas personal injury lawsuits.
The Most Frequent Texas Personal Injury Lawsuits
“Consulting a personal injury lawyer is a great way to increase the likelihood of your claim’s success. You get unparalleled experience from the professionals,” says Attorney Sean Roberts of Roberts Markland LLP.
According to statistics, below are Texas’ most common personal injury lawsuits as of 2022:
Car Accident Claims
Car accident claims are becoming increasingly common as road crashes remain high. Negligence, where motorists knowingly flout traffic regulations, is one of the most significant reasons behind these personal injury claims.
Pursuing a personal injury claim for a car accident based on negligence requires the plaintiff to prove beyond a reasonable doubt that the plaintiff’s actions resulted in the injury and subsequent damages.
Medical Malpractice
When you make an appointment with your local doctor, you aim to get remedies for whatever illness you may have. This is usually the case, but in some instances, doctors can make gross errors that can harm the patient.
Common medical mistakes leading to malpractice lawsuits include wrong prescription and diagnosis, improper surgery, bedsores, and surgical errors like operating on the wrong body part.
Assault
Assault cases are probably the only personal injury lawsuits that cannot be attributed to negligence. This is because assault is when an individual wilfully inflicts harm on another.
You should note that a criminal charge against the defendant follows up on most assault cases. This is more likely in cases where the assault was carried out with malicious intent.
Slip and Falls
Perhaps the reason why slip and fall lawsuits are common is because they can affect anyone at any time. It does not matter if you walk carefully, provided there is a fault somewhere in the pavement or floor, the chances of an accident are increased.
And while most people consider slip and fall incidents minor, the reality is dire as you can suffer from broken limbs and concussions. It is no wonder so many people are filing these claims.
Accidents on Construction Sites
Construction sites are inherently dangerous sites to work in, so it is no surprise that such lawsuits are on our list. The causes of accidents here are multifaceted, from human error to hazardous environments and equipment malfunction.
Employees may sustain injuries from collapsed scaffolding, falls, and exposure to live electrical cables. When filing a claim, you must have the grounds to prove the party responsible for your accident.
What Is the Statute of Limitations for Texas Personal Injury Lawsuits?
The statute of limitations for personal injury lawsuits is the timeframe within which the case must be filed. In Texas, it is two years from the incident or when the victim was aware of the injury.
Comparative Negligence In Texas
Texas is a ‘modified’ comparative negligence state. Hence, if you share blame for the accident, compensation will be slightly different from normal.
To get compensated, your share of the fault must not exceed 50 percent of the blame. If you meet this threshold, your compensation will be reduced depending on the percentage of fault you have.
Tips for Filing a Personal Injury Lawsuit in Texas
Here are five tips for filing a successful personal unity lawsuit in Texas:
- Seek medical attention- this helps create a record of your injuries, which can help substantiate your claim.
- Gather evidence- collect all necessary evidence related to your case, including photos of the scene and witness statements.
- Talk to an attorney- such professionals can offer invaluable insights into your case.
- Note the statute of limitations- make sure to file your claim within the two-year Texas time frame.
- Don’t be too quick to accept a settlement offer- don’t settle too quickly since the defendant may offer an early settlement that may not be in your best interest.
Wrapping It Up
Personal injury lawsuits in Texas cover a wide range of cases, from car accidents to medical malpractice. Knowing your rights, gathering evidence, and working with an experienced lawyer can make a big difference in getting the compensation you deserve. Remember, act quickly, as Texas law gives you only two years to file your claim. Stay informed, stay safe, and don’t hesitate to seek help when needed.