Facts on Personal Injury and Medical Malpractice Lawsuits in Texas
In Texas, as in all states, there is a statute of limitations for personal injury cases. For Texas a person has two years from the date of the injury to file a lawsuit pursuant to Tex. Civ. Prac. & Rem. Code, Title 2 section 16.003.
It is not uncommon for the person or business that you are filing a claim against fight back claiming that you are actually to blame for the incident and in some cases the fault may be shared between the parties involved.
Texas follows a “modified comparative negligence rule” for fault shared cases. The rule means that the amount of compensation you receive will be reduced by an amount that is equal to your percentage of fault. If you are more than 50% at fault then you will recover nothing from the other party.
In addition, some states place limits on the types of damages that an injured person can receive after a successful personal injury trial. The important aspect to remember for Texas is the statutory limitations on damages only apply to medical malpractice cases.
In most medical malpractice cases, non-economic damages are limited to $250,000 per defendant, and $500,000 overall. For medical malpractice cases involving wrongful death in Texas, there is a cap that is indexed for inflation and the cap starts out at close to $1.5 million.