Best Personal Injury Lawyers El Paso, TX Of 2024 – Forbes

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If you suffer harm due to the negligence or willful misconduct of another party, you have suffered a personal injury. Texas law allows you to file a lawsuit to get damages from the responsible party.

To win damages, your personal injury attorney must prove that the other party’s actions were the direct or proximate cause of the harm you suffered. If your attorney can prove that, you will be awarded compensation to cover any financial losses you suffered. You may additionally be awarded non-economic damages for pain and suffering.

Texas Statute of Limitations

The Texas statute of limitations is roughly the same as that of many other U.S. states. If you have suffered any type of personal injury, you have two years to file a lawsuit against the responsible party. This statute of limitations applies to physical injuries, wrongful death and property damage.

Texas Personal Injury Laws

Personal injury laws in Texas are similar to the personal injury laws in most other states. However, a few aspects of the law are unique to the state. You should be aware of the following laws before filing a lawsuit:

  • Shared fault. Texas uses modified comparative negligence, so if you were partly responsible for the incident that caused you harm, your damages award is reduced by your percent of responsibility.
  • 51% bar rule. While the shared fault rule allows you to receive compensation even when you are partially responsible for the harm you suffered, there is a limit. If a court finds that you are 51% or more responsible for your injury, you are barred from being awarded any damages.
  • Children have a different statute of limitations. Because a child is legally considered incapacitated in Texas, the statute of limitations does not start until they become an adult. A child has two years after they turn age 18 to file a personal injury lawsuit.
  • Duty of care. Everyone has an inherent duty to avoid putting others at risk. However, people who provide professional services have an increased duty of care and can be found liable where everyday citizens would not.
  • Malicious behavior. In most cases, the responsible party is liable because they acted negligently. However, the jury may award punitive damages if it finds that the responsible party acted recklessly or maliciously rather than negligently.

How Can an Attorney Help You?

In most personal injury cases, regardless of who injured you, the opposing party is an insurance company that is represented by experienced lawyers. It is almost impossible for the average person with no legal training to counter the insurance company’s legal advantage. That’s why most people hire an attorney to file a personal injury lawsuit.

When you hire a lawyer, they take the lead on all interactions with the insurance company. Your attorney collects evidence, negotiates for a settlement and represents you in court if negotiations go south.

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