Best Dallas, TX Personal Injury Lawyers (2024) – Forbes

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Texas personal injury laws aren’t the same as they are in every other state. If you need to file a personal injury lawsuit in the Lone Star State, you should contact a great personal injury lawyer—like those listed in this article—as soon as you can.

Waiting to talk to an attorney can mean missing out on any chance of recovery at all, as you only have two years to file a lawsuit. An experienced personal injury attorney will be able to guide you through all the specifics of Texas law, but here are just a few ways that Texas laws are unique.

Statute of Limitations in Dallas

You’ve heard that everything’s bigger in Texas. Well, not statutes of limitations.

You must file a personal injury case within two years of the initial injury, or you can’t recover.

If you were injured by someone who worked for the government—including employees of Dallas or Fort Worth or any of the other towns, cities or counties around the Dallas area—you may have even less time. Some Texas cities require you to give notice within 45 days of the injury if it was caused by a city employee.

Determining Fault in Dallas

There are a few different rules used to decide fault. One of the most common is used in Texas, called “modified comparative negligence.”

This rule deals with how courts will award damages when both parties are partially to blame for the injury. Imagine a car accident with $10,000 of damages to your vehicle. At trial, you were found to be 10% at fault and the other driver 90% at fault. In Texas, you will be awarded only $9,000 (after reducing your award by the percent you were at fault).

Importantly, though, if the other driver countersued for $20,000 in damages to their car and the jury finds them more than 50% responsible for the accident, this bars them from recovering anything.

This is different from states that use the regular comparative negligence rule, where the other driver would be allowed to recover 10% of their damages, getting back $2,000 of the $9,000 they had to pay you.

Some states use a rule called contributory negligence that is even more strict. In these states, you are not allowed to sue for anything at all if you were even 1% responsible for the accident.

Caps on Medical Malpractice Awards in Texas

Texas has put caps on how much juries can award plaintiffs in medical malpractice cases. These caps only apply to non-economic damages, however. Any treatment costs or lost wages are capped, but non-economic damages like pain and suffering are capped at $250,000 per defendant.

There is also a cap on medical malpractice wrongful death. It was initially set at $500,000 and is indexed for inflation, making it currently around $2 million.

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