Learning the Basics of Personal Injury Law in Texas
After a severe accident, you may be concerned about how you and your family will manage the financial obligations associated with your injuries while you cannot work. It is important to remember that you are not alone in dealing with these concerns. A trusted Galveston County personal injury law firm is here to help you.
If you have been seriously injured due to someone else’s negligence, you may have a right to seek compensation for your medical bills and related losses. Our legal team at Leeds Law Firm has been tirelessly fighting to give our clients the outcome they deserve in their cases. Schedule a consultation with us today to discuss your personal injury concerns.
What is Personal Injury Law?
Personal injury law (sometimes known as “tort” law) permits an injured person to file a civil case in court and obtain a legal remedy (“damages”) for all losses incurred as a result of an accident or other incident.
The goal of the personal injury system is to allow the injured individual to be financially compensated or “made whole” after suffering harm as a result of someone else’s negligent or malicious conduct.
Personal Injury Basics
Personal injury laws apply in a wide range of situations, including:
- Accidents. Personal injury laws apply when someone acts negligently and that carelessness causes harm to another individual. Car accidents, boating accidents, motorcycle accidents, slip and fall occurrences, and medical misconduct are just a few examples.
- Intentional acts. Personal injury rules apply when a defendant’s purposeful behavior causes harm to another person. Assault and battery, as well as other deliberate torts, are examples of this.
- Products with Defects. Anyone hurt by using a faulty or unreasonably harmful product may be able to launch a product liability claim against the manufacturer.
- Defamation. When one person’s defamatory speech causes harm to another, personal injury statutes apply.
There are no minor injuries. Every injury is a major injury because it affects the life of the injured person and their family. If a personal injury has disrupted your life, talking with a lawyer can help you get things back on track. Contact our Galveston County personal injury law firm now!
What are the Types of Damages in a Texas Personal Injury Case?
People considering suing an individual for an injury may wonder what damages qualify for compensation in Texas. In a personal injury case, the two primary categories of damages available to victims are compensatory and punitive.
Compensatory damages are intended to compensate the sufferer for genuine losses incurred due to the occurrence and consequent injury. The state of Texas breaks compensatory damages down into two categories:
Economic damages are those in which the loss may be assessed. These damages are intended to compensate the sufferer for financial losses sustained as a result of the injury and accident, such as:
- Medical care cost
- Property Loss
- Income and benefits los
- Expenses incurred out of pocket.
Non-economic damages are compensation paid to cover the physical, mental, and emotional distress caused by an injury. Calculating them is a little more challenging because this pain cannot be quantified monetarily. Texas state law permits personal injury victims to seek compensation for the following:
- Pain and suffering
- Scarring, deformity, incapacity, and lasting disabilities are all possible outcomes.
- Emotional fatigue
- Loss of enjoyment and quality of life.
In some personal injury situations, Texas recognizes exemplary damages. These are also referred to as punitive damages. Punitive damages are only paid in addition to compensatory damages when the defendant’s acts are deemed very irresponsible, meaning they are not awarded in every personal injury case.
However, like many other jurisdictions, Texas limits the amount of punitive damages a victim can receive in a personal injury case.
What Types of Compensation are Available After an Injury in Galveston?
If you are in the hospital following a car accident or other major event, it is reasonable to question what compensation you may be entitled to for your injuries. Texas law allows accident victims to seek compensation for various damages sustained in an accident, provided they can demonstrate that the entity that caused their injuries was irresponsible in some way.
Hiring an experienced personal injury lawyer can help you with filing a personal injury claim and could potentially receive compensation for:
- Medical expenses such as hospital stays, surgery, prescription medicines, physical therapy, and transportation to and from doctor’s visits
- Wages lost and future earning potential lowered
- Personal property damage
- Suffering and physical pain
- Emotional stress
You should consult an experienced Galveston personal injury attorney about your accident and whether you have a valid injury claim. An experienced lawyer will assist you in maximizing your potential compensation award. Schedule a consultation with our Galveston County TX personal injury law firm.
Who Can File a Personal Injury Lawsuit in Texas?
In most situations, a lawsuit can only be filed by the person harmed in a personal injury accident. Wrongful death claims are a notable exception to this norm. Surviving family members can pursue a wrongful death lawsuit in such cases. Surviving family members are defined in Texas as:
- The deceased’s wife
- The deceased’s father or mother
- The deceased’s children
Furthermore, if an immediate family member does not file a lawsuit within three months after the person’s death, the executor of the deceased person’s estate may initiate a wrongful death lawsuit.
Are there Damage Caps for Personal Injury Cases in Texas?
Many accident victims are concerned about damage caps when considering filing a personal injury case in Texas. However, Texas law does not set a monetary limit on economic damages, which might include restitution for the victim’s medical expenses, lost earnings, and other tangible losses. As a result, whether you suffered $500,000 or $1 million in damages, you are entitled to full compensation for your monetary losses.
Non-economic damages, on the other hand, are difficult to quantify in monetary terms. However, unless the victim is wounded due to medical misconduct, Texas law does not limit these damages in personal injury claims.
Non-economic damages in medical malpractice claims are limited to the following amounts under Texas Civil Practice and Remedies Code 74.301:
- When using a healthcare facility, the maximum award is $500,000;
- $250,000 if using a single medical professional; or
- In a medical negligence lawsuit, the total non-economic damages were $750,000.
In a personal injury case, a plaintiff cannot recover more than $200,000 in exemplary damages or double the amount of economic damages. The total sum of exemplary damages may not exceed $750,000. However, the restrictions on exemplary damages do not apply where a plaintiff is injured while the defendant is committing a felony.
What is the Statute of Limitations in Texas?
Personal injury claims in Texas have a two-year statute of limitations. In most situations, you must file a lawsuit within two years of the accident. If you miss this deadline, the Texas courts will dismiss your lawsuit regardless of its merits.
Why Do I Need a Personal Injury Attorney in Texas??
When it comes to injuries caused by accidents, no one, especially the victim, should feel the burden of filing for an injury claim. Hiring a personal injury attorney is beneficial to achieve the best result for your case. Our Galveston County personal injury law firm can help you navigate your legal options to get the compensation you deserve.
Here are the reasons why you should hire the legal services of the Leeds Law Firm:
- Commitment to clients – We are committed to listening to our clients, knowing their stories, and handling each case with the skill and focused advocacy needed to get the best result.
- Experience and Knowledge – Our lawyers are well-versed in personal injury law, with experience tirelessly fighting to give their clients the outcomes they deserve in their cases since 2014.
- We Show Up Every Time Ready to Present the Strongest Case – Our lawyers are fearless, aggressive, and trial-ready. We understand that every case is unique to the person involved, which is why we treat each and every case handed to us with utmost care.
If you are dealing with a serious injury and substantial medical expenses from an accident, you must understand your legal options for holding the negligent party accountable and pursuing compensation for your injuries. Our Houston attorneys are here to guide you through every step of your personal injury case. Call us now!
Galveston County, Texas
Galveston is the oldest deepwater port west of New Orleans, and the community is noted for many “firsts” in Texas. Galveston Island is home to some of the best attractions Texas has to offer, including Moody Gardens, Schlitterbahn Galveston Island Waterpark, and the Galveston Island Historic Pleasure Pier amusement park.
Galveston also offers a plethora of unique museums, including The Bryan Museum, Texas Seaport Museum, Ocean Star Offshore Drilling Rig & Museum, and Galveston Railroad Museum. Having one of the largest and most well-preserved concentrations of Victorian architecture in the country, Galveston allows visitors to explore the island’s interesting history by touring one of its popular historic mansions.
Call our Texas Personal Injury Attorney Now!
There are no minor injuries. Every injury is a major injury because it affects the life of the injured person and their family. If a personal injury has disrupted your life, talking with a lawyer can help you get things back on track.
By getting the legal services of our Galveston County personal injury law firm, you can be confident that you can get the compensation you deserve. Our legal team at Leeds Law Firm will help you file a personal injury claim.
Serving Houston, Texas, and the surrounding areas, our lawyers aggressively fight for our clients and ensure their rights are protected, and they will receive the best possible recovery. We also provided legal services for the following practice areas:
If you are concerned about finding a lawyer who understands your case and puts your best interests at the top of their priority list, then look no further. Call our Houston, TX, personal injury attorney now!
To visit our Personal Injury law office from Galveston County:
- Follow Dike Rd and 9th Ave N to FM1764 W
- Follow FM1764 W to Emmett F Lowry Expy. Take the exit toward I-45 S/Frtg Rd/Century Blvd from FM1764 W
- Get on I-45 N in Dickinson from Gulf Fwy
- Follow I-45 N to Scott St in Houston. Take exit 45 from I-45 N
- Take Gulf Fwy, Chartres St, and Capitol St to Milam St