TEXAS IS AN AT-FAULT INJURY STATE
Feb. 18, 2022
Each year, thousands of Texans get injured in accidents that occur due to negligence or wrongful conduct on the part of others. Fortunately, Texas law allows injured victims to pursue monetary compensation for their damages and losses. The state’s at-fault injury laws, however, may be difficult to navigate, especially when the victim is trying to focus on their physical recovery.
At The Law Office of Steve Brannan, we understand the hardships injured victims and their families face when accidents occur due to someone else’s negligent or wrongful conduct. Our personal injury attorney has a deep understanding of Texas laws and is dedicated to helping injured people in Odessa, Texas, and throughout West Texas pursue the compensation they truly deserve.
Types of Injury Cases in Texas
As someone who has practiced personal injury law since 1975, our founding attorney—Steve Brannan—takes a personalized approach when working toward achieving the best possible outcome on behalf of his clients. Our law firm has a proven track record of success representing injured victims in various types of injury cases in Odessa and throughout West Texas. These cases may include:
No matter what caused your injury, our experienced and compassionate personal injury attorney has the resources to fight on your side.
Texas Is an At-Fault State
Any injured person considering filing a personal injury claim in Texas needs to understand statutes that could potentially affect their ability to recover damages. In particular, there are several state laws that may affect personal injury claims in Texas:
Texas is an at-fault state. Like the majority of states, Texas maintains a fault-based or tort liability system. It means that the party at fault for an accident is responsible for the injured party’s resulting damages and losses.
Proportionate responsibility. Texas follows the doctrine of “proportionate responsibility,” which is also known as a modified comparative negligence rule in other states. Under the statute, if a victim is found to be partially at fault for their injury, their damages will be reduced in proportion to their degree of fault. However, if the fault exceeds 50%, the injured party is barred from recovering damages.
Statute of limitations. The term “statute of limitations” refers to the time limit for pursuing a personal injury lawsuit after the accident. Generally, accident victims have two years to file a lawsuit, though there are certain exceptions. The statute of limitations for product liability claims in Texas is 15 years from the date the injured consumer purchased the defective product. The time limit is only six months when bringing a claim against the government or a state employee.
Reach out to a knowledgeable attorney to determine how at-fault injury laws and other statutes in Texas may affect your particular case.
Filing a Personal Injury Claim in Texas
The first step to take when filing a personal injury claim is to consult with an experienced lawyer who can advise you on your options. A thorough investigation may be necessary to determine fault for the accident and gather the necessary evidence when filing a personal injury claim in Texas.
In most cases, the process of seeking monetary damages after the accident begins with filing an insurance claim against the at-fault party. However, depending on the circumstances of your case, it may be necessary to sue the at-fault party in court in order to obtain fair compensation for your economic and non-economic damages.
Damages Available in Texas
Personal Injury Cases
In Texas, three types of damages may be available to injured victims. When seeking compensation, the injured party may demand compensation for:
Economic damages represent the monetary losses that the victim has incurred after the accident. Common examples of economic damages are the cost of medical care, the loss of income, the cost of repairing damaged property, and more.
Non-economic damages are more difficult to calculate because they are not tied to any quantifiable expenses or costs. Common examples include the loss of enjoyment of life, pain, suffering, mental anguish, and other losses.
In certain cases, the injured victim may also be entitled to punitive damages.
How a Knowledgeable Attorney Can Help
If you were injured in an accident because someone else was negligent, do not let your injury derail your life. Contact a personal injury attorney to help you with your claim. At The Law Office of Steve Brannan, we serve accident victims in Odessa, Texas, and other communities in West Texas. Get a case evaluation with our attorney to discuss your situation and seek a path forward.