Best Personal Injury Lawyers Arlington, TX Of 2024 – Forbes

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Personal injury laws in Texas differ from those in some other states. Some laws can even vary based on the circumstances that caused your injury. Speaking with a qualified personal injury lawyer quickly can make the difference between receiving a recovery on your claim and receiving nothing.

Statute of Limitations in Arlington

The statute of limitations for personal injury cases throughout Texas is two years. This means that you must initiate a lawsuit for your claims within two years from the date of your injury. Failing to file a claim in time can mean your case is unable to proceed.

Keep in mind that the statute of limitations may be different if local government entities are involved. For example, claims of personal injury against the City of Arlington must be filed within 180 days of the injury.

Identifying Fault in Personal Injury Cases in Arlington

Texas law assigns fault in personal injury cases using a modified comparative negligence rule. This means that each party’s percentage of fault determines how much your case is worth. For instance, if you are found to be 20% at fault for your injury and damages are worth $100,000 on the case, then the most you can recover is $80,000.

The same rule prohibits a party from recovering if they are 51% or more at fault for the injury-causing event. Establishing who is at fault is complex and is one of the primary areas where an attorney can help build your case.

Caps on Medical Malpractice Cases

Medical malpractice cases are subject to additional rules in Texas. In these cases, non-economic damages such as pain and suffering are capped. The overall cap is $500,000, with a limit of $250,000 for each defendant. The cap is increased for wrongful death cases stemming from medical malpractice. In these cases the cap is approximately $2 million. The cap amount adjusts with the rate of inflation.

Caps on medical malpractice damages do not apply to economic damages, such as medical bills, treatment costs, and lost wages.

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