In the state of Texas, you have two years after your injury to file a personal injury lawsuit against a liable party. When you have been hurt in a car accident, who is at fault for your accident will make a big difference in your ability to file a lawsuit in the first place. In some states, even if you are found 1% at fault for a car accident, you can’t file a personal injury claim against the other party. In Texas, the rules are different. You must establish that you were 50% at fault or lower to file a personal injury lawsuit in Texas, and you will be able to receive financial compensation for your injuries.
How Liability is Established
If you were in a car accident, the authorities called to the scene will carefully assess the scene of the accident to determine who was at fault. The weather conditions, how fast each car was driving, whether distracted driving was a factor, are all taken into consideration. Sometimes it’s clear at an accident scene who caused the accident, while other times fault is difficult to establish. The lower the percentage of fault assigned to you, the higher your compensation will be if you win a personal injury lawsuit.
When the Car Accident Report Is Wrong
If you’ve read over the accident report and you see mistakes, it is up to you to point these out to the authorities. Any mistakes that point to your negligence can make a big difference in your case. If you have corroborating witnesses, provide their contact information to the authorities to clear up your accident report. If you are found more than 50% at fault, you do not have a viable personal injury lawsuit, even if you are severely injured.
How Personal Injury Compensation is Determined
When you win your personal injury lawsuit, your compensation is determined by looking at both your pecuniary losses, or losses you can measure, and your non-pecuniary losses, those that are difficult to measure. The judge will look over the merits of your case, add up your medical bills, wages lost from time out of work, and bills for property damage. Bills directly related to your injury are measurable. Then they will take a look at your pain and suffering, loss of future earnings, and even loss of enjoyment in life and assign value to each. Once your losses are all evaluated, you will then receive your compensation based on your comparative negligence.
If you were found 40% at fault, you will receive 60% of the total dollar amount established as your compensation. If you weren’t at fault at all, you will receive the entire amount.