Understanding Texas Personal Injury Laws: The Basics and How to Go About a Claim

Personal injury laws in Texas, also called tort law, enables a person to seek legal help in getting justice and a rightful compensation, if the injury is a result of a negligent behavior. The claim can be against another person, a group of people, a business, corporation or even government agencies. The law not only assures compensation to the injured, but also discourages the accused from harming others. If you are to proceed with a personal injury claim, you need to be aware about the basics, before seeking legal advice in Austin, Texas and elsewhere. The blog post provides you a basic idea of personal injury laws in Texas and how to go about it.

The Basics

Personal injury laws in Texas are applicable to a number of situations including:

Accidental

If someone acts in a negligent and careless manner that results in an injury or harm to the other person. Typical cases include road accidents, slip and fall injuries, medical malpractice and similar cases.

Intentional

Intentional acts that pose a potential harm to a person as in the cases of assault and battery are also covered under the Texas injury laws.

Product Defects

Though such defects have nothing to do with intentional wrongdoing, a defective product can indirectly harm a person. The defendant, for instance, may have manufactured a faulty wire that resulted in an electric shock or other injuries.

Defamation

If the image of a person gets tarnished as a result of any act, such cases can also be presented to the court under Texas injury laws. In other words, person injury isn’t restricted to physical grounds, and can be psychological also.

How Personal Injury Settlement Works?

Personal injury settlement involves a number of factors including the assessment of damage, finding the person responsible and deciding the right compensation. This can be done through:

Formal Lawsuit

Personal injury cases are initiated with a private person, referred as the “plaintiff” files a complaint against a person, business, or government agency, usually termed as “defendant.” Going further, the plaintiff alleges the defendant of the wrongdoings , irresponsible or negligent behavior that resulted in a physical or physiological injury. To present a strong case against the defendant, the plaintiff needs to prove a number of elements in the court including duty, breach, causation and damages. Filing a formal lawsuit is a complex and lengthy process, and need to seek legal advice in Austin, Texas or elsewhere to get started with the process.

Informal Settlement

Outside the court settlement or negotiation is also a possibility, wherein the plaintiff and defendant(s) decide to forego lawsuit after seeking legal advice in Austin, Texas and elsewhere. Instead, they enter a legal agreement and negotiate on a mutually agreeable amount to be paid to the plaintiff and resolve the claim. Such settlements can also go along while a lawsuit is still pending with the civil court.

The Bottom Line

Personal injury laws provide adequate legal protection from a number of situations including invasion of right to privacy, property destruction, character assassination or even intentional infliction of mental stress. Plaintiffs are expected to file a lawsuit within the stipulated deadlines, typically varying from six months to two years depending on the case.