In the state of Texas, you may collect from anyone who has injured you due to carelessness or neglect. However, you will have to show proof that it was the other party's neglect or careless behavior that led to your injury.
If you were careless and your behavior led to the injury, you can still be compensated as long as you were less than 50 per cent responsible. Depending on the level of blame you bear, you may not be entitled to full compensation.
If another person bears more than half the blame, he or she is responsible for paying the full costs of the damages incurred by your injury. This holds true even if other people also share some part of the blame for the injury.
|Texas Personal Injury Laws|
Statute of Limitations
|Damages Recoverable||Lost wages, medical expenses, property damage, pain and suffering, cost of household help|
|Strict Liability||Product manufacturer may be liable for injuries caused by a consumer product that is inordinately dangerous
|Joint Liability||Any defendant that is found to be more than 50% at fault is joint and severally liable for all damages|
|Contributory Negligence||You may not recover damages if you are found to be 51% or more at fault, if you are found to be 50% or less at fault you may recover damages based on proportion of fault.|
Texas has some variation from other state laws concerning injury caused by a defective consumer product. It requires that you prove that you bought the product from a company that customarily sold the item, that the item was dangerous due to a defect, and that the product was not intended to be repaired before you acquired it. You must also prove that the product was unsafe when used as intended or used in a way that could reasonably occur, and was in this condition when the manufacturer distributed it. You have to prove that the defect was the cause of your injury and that you sustained damages.
Texas state law says that you may file a personal injury suit to cover damaged belongings, any time you lost due to inability to work, and permanent disability or disfigurement. You may also recover costs associated with medical treatment, whether the costs were incurred in the past, are being incurred presently, or will likely be incurred in the future. If your ability to maintain your level of income is compromised as a result of the injury, you may also recover this cost. All other costs that were caused directly by the injury are covered.
You should not destroy or lose any evidence that can help you prove your statements about the injury. Keep any clothes you had on at the time of the injury, and preserve any damaged property. You will also want to hang onto any photographs of the injury, as they can be very useful in fulfilling personal injury claim requirements.
Texas allows you a time period of two years from the time of the injury in which you may file a personal injury claim.
For information about your specific case, contact a Texas personal injury lawyer.