If you're filing a case related to an automobile accident in Texas, you should be aware of certain special requirements. Making understanding of these laws can be aided by an experienced attorney. The Statute of Limitations In Texas, medical malpractice and injury cases have a two-year statute of limitations. This covers injuries sustained in auto accidents and begins on the day of the injury. To guarantee that your lawsuit is filed on time, it's critical to get in touch with an attorney as soon as you can. Establishing Fault A modified comparative fault state is Texas. This suggests that the court will determine damages by dividing the overall amount of guilt among the parties. Anyone who caused the accident and was at least 51% at fault is not entitled to damages.
Here are a few illustrations of how that could appear: Driver A is not entitled to damages since they are found to be 75% at fault in an accident. Driver B is found to be guilty for 25% of the crash. Following this, Driver B's damage is lowered by 25%. Driver B would earn $30,000 if their total damages were $40,000. Driver C is regarded totally liable for the accident involving Driver D, hence Driver D is entitled to full reimbursement for all damages incurred. It is found that Drivers E and F are each 50% to blame for an accident. They can each get half of their losses back.
Texas Auto Insurance Requirements (minimum) $30,000 in bodily injury liability per person,$60,000 total bodily injury liability,$25,000 property damage These minimums can be achieved very fast, even if they might first appear to be sufficient. To ensure your peace of mind in the event of an accident, think about getting more coverage than the state mandates. Damage Caps in Texas Although there are damage caps in Texas for several categories of damages, they usually do not apply to traffic accidents. Damage caps apply in the following cases: A mistake in healthcare. You are entitled to compensation for your money losses (such as medical expenses), but there is a $250,000 cap per medical institution for non-monetary damages such as "pain and suffering." authorities in government. The most you can get paid if you are hurt by a government employee (such a police officer) is $250,000 for each injured individual or $500,000 for the incident if numerous people were hurt. punitive losses. Punitive damages may be awarded in situations where the defendant is thought to be exceptionally risky or careless. They are granted in addition to any other economic and non-economic damages as a form of punishment. The maximum amount of these damages is $750,000, which is the greater of $200,000 or twice the non-economic damages.
Request Referrals It's likely that you know someone who has just been involved in an automobile accident. Find out which lawyer they worked with and if they would suggest them. This can give you an idea of the kind of attorneys you should use and the ones you should avoid. Seek out Experience You should choose a lawyer who has handled instances involving auto accidents. While most lawyers focus on injury cases, not all of them are experienced in dealing with car accidents. Make sure that your lawyer has dealt with cases similar to yours in the past. To find out if a potential lawyer is a good fit for you, learn about the kind of clients they usually represent. Learn About the Fees Most car accident attorneys don't charge by the hour or provide a flat fee service. Rather, they operate on a contingency fee basis, which means that they will take a cut of the money you win if your case is successful. In general, Austin attorneys charge about 33% of their fees for cases that settle out of court (such those in which a settlement offer is made) and up to 40% of their fees if the case proceeds to trial. Before you sign anything, be sure you comprehend the price schedule that the attorney is recommending. When a protracted legal battle comes to a conclusion, the last thing you want is to find out that your lawyer is billing far more than you had anticipated. Find Out If They Have Experience in Court Most auto accident cases never make it to court for a hearing. Instead of proceeding to trial, they are settled outside of the courtroom. Nonetheless, that doesn't mean you should select a lawyer who is not comfortable in court when needed. You require a representation that can handle any situation. Pose Queries Never be reluctant to enquire of any lawyer you are thinking about hiring. Keep a watchful eye on their reaction. Do they get along? Neglectful? Do they wait to proceed until they are sure you understand? You can use these hints to decide if hiring a lawyer is the correct decision for you.