Personal injury law is about your rights to compensation for physical injury or emotional trauma caused by the negligence of another. This could be another person, a business, organization, government or other agency.

Typical situations in which personal injury law applies are workplace injuries, automobile accidents, slips and falls on someone else's property, dog bite injuries from another's pet, medical and other professional malpractice and dangerous or damaging products such as certain drugs.

A number of these situations are highlighted on our website but we deal with anything to do with personal injury.

Personal Injury Basics

In Texas, there is a two-year statute of limitations on personal injury claims. Your lawsuit must be filed within two years from the date of your injury otherwise it will likely be refused by the courts.

However, if you claim is against an employee or agency of the Texas government, there is a totally different process to seek a claim for injury. You do not file a lawsuit. Instead, you must file a formal complaint with the agency or entity involved within only six months from the date of the injury.

Texas also has what is called a "modified comparative negligence" rule in personal injury cases. This means that the other party in your lawsuit can claim that part of the responsibility for your injury is yours. Should the case go to trial, to the degree that the court finds some liability on your part, your compensation award will be reduced by that percentage. If the court finds more than 50% of the fault is yours, you are not entitled to any compensation from the other party or parties.

Speaking of damage awards, there are no limits on their amount in Texas except in the case of medical negligence claims. For instance, on wrongful death claims due to medical malpractice, the current compensation limit is now just over $1.9 million.

For more information on your particular situation, call our office at 956-399-1299 or fill in our online form for a free consultation.

Stapleton & Barrera Personal Injury Articles