What laws fall under the category of accident and injury legal practice?
Laws that fall under the category of accident and injury legal include car accidents, malpractice, defective products, slip and fall accidents, as well as workers compensation. You may have heard these types of cases in the different U.S States, but the handling process differentiates state-wise.
Texas Insurance Laws for Accident and Injury
Texas Civil Statute of Limitations
If you’re suffering from a personal injury, a lawsuit can be filed in civil court within a certain amount of time as per statutory limits imposed by all states. The deadlines are dependent on the type of case you file, which is called The Statute of Limitations. The Statue of Limitations refers to time limits to file your civil lawsuits in Texas. This includes defamation, personal injury, fraud, false imprisonment, professional malpractice, damage to personal property, and trespassing.
In Texas, consumers can file product liability lawsuits or personal injury lawsuits in civil court within two years of the incident. Similarly, a victim can file a defamation claim in one year. Although injury laws are consistent all around the U.S., each state complies with its own set of procedures.
It is crucial to understand and ensure compliance within your state’s statute of limitations. If you do not file a lawsuit within the required time of two years, the Texas Civil Court System can refuse to carry out or hear your case resulting in a loss of rights to compensation. Fortunately, an expert Texas injury attorney may request a circumstantial extension depending upon your situation. Contact us today to learn more.
Texas Negligence Laws
Negligence Laws refer to circumstances in which you find yourself partially guilty for the damage, you can still file a lawsuit, but your recovery will be reduced to 50%. If you are more than 50% at fault, you cannot recover the damages.
However, suppose the injury occurs due to negligence of the local or state level agency of the government or an employee. In that case, you can get compensation by playing with a different set of rules.
Pain and Suffering Damages in Texas
You are entitled to pain and suffering damage in Texas if you have been involved with an accident and have suffered emotional damages
Damages Limits:
- $100,000 in claims against the government
- $250,000 in noneconomic damages per claimant
- Liability for lawsuits stemming from community service is restricted.
Police Misconduct and Civil Rights Claims in Texas
Police misconduct occurs when an officer uses excessive force than what is entitled by law. Excessive force is defined as an amount of force that is unreasonable given the circumstances, including unnecessary lethal force; detains or arrests someone without lawful justification; fails to disclose exculpatory evidence, which is evidence tending to indicate that a person was innocent of the offense; or participates in sexual assault or otherwise abuses authority. Based on the circumstances, the statute of limitations varies from 1 – 6 years.
Texas Asbestos Regulations
Because of its heat and fire resistance, asbestos has long been employed in the building sector. Serious health risks are associated with asbestos, such as Lung Cancer. Many older buildings or manufacturing plants still contain some asbestos fibers. . When these are renovated, asbestos finds its way to workers' lungs. Therefore, Texas has issued regulations for handling and use of asbestos.
Texas Car Accident Compensation Laws
If you get into an accident within a self-driving car, you can recover damages for your injuries under Texas car accident compensation laws.
Damages Limits:
- $100,000 if the accident occurred during the scope of a public's servant's job (§108.002)
- Liability limited for claims arising from community service (§65.106)
Texas Car Accident Report Basics
If you get into a car accident within the state of Texas, law requires that you file an accident report. A law enforcement officer has not investigated it, which results in injury, death, or vehicle damage exceeding $1000. If the police report has not been filed yet, file a car crash report with the Texas Department of Transportation (DOT) in 10 days.
Texas Dog Bite Laws
A dog owner is liable to pay for damages or injuries if they can be proven to already know a dog is dangerous, and they showed negligence. Otherwise, if the dog has never bitten anyone before it is up to the victim to prove negligence.
Texas Product Liability Laws
A product liability lawsuit is applicable if a defective products injure you. The state has the right to address product liability cases in the absence of federal laws.
Texas Statute of Limitations for Defective Products
An ordinary household item can turn into a life-threatening object because of any defective product. Therefore, Texas defective products Texas statute of limitations allows designers and manufacturers to place these products into the stream of commerce if the victim party takes too long to file a lawsuit.
Wrongful Death Laws in Texas
Suppose a person dies as a result of carelessness or misconduct. In that case, other family members can file a lawsuit within 2 years against whoever is responsible for the wrongful death of their loved one.
Who May File a Wrongful Death Claim?
- Spouse
- Children
- Parent
- Representative of the deceased person's estate
Texas Car Accident Settlement Process and Timeline
Texas is an "at fault" vehicle insurance state, which means you can submit a claim or sue the at-fault motorist. As a result, any motorist can be held accountable for any damages or injuries caused in an automobile collision. Most individuals protect this by getting liability insurance with at least the minimal coverage shown below:
- $30,000 for each injured person
- $60,000 total for injuries per incident
- $25,000 for property damage