Personal injury lawsuits can arise in practically any incident where someone’s negligence, carelessness, or recklessness results in another person’s harm or death. These cases are complex, requiring that the burden of proof be fulfilled, culpability is established, and the defendant’s actions cause genuine harm.
Do not take on the legal system without proper representation. A Brazoria County personal injury lawyer could help you develop a compelling case and get the compensation you deserve.
Understanding Civil Law
In its broadest sense, civil law deals with legal issues that emerge when one person receives injury resulting from another person’s carelessness or wrongful action. Personal injury proceedings, unlike criminal trials, do not involve the government punishing the defendant. Instead, a private plaintiff who suffered an injury seeks financial compensation from the person or entity responsible for their harm.
Automobile wrecks, pedestrian accidents, slip and fall accidents, defective products, dangerous properties, and other situations in which one person mistakenly injures another can result in personal injury suits. People who are unsure if they have grounds for civil action should speak with an attorney in Brazoria County right away.
Comparative Negligence Laws in Brazoria County
Texas is known as an at-fault state. According to the state’s modified comparative fault law, if a person or entity is partially to blame for an accident or injury, they can be held accountable for damages according to their share of the blame. In a situation where many parties are responsible for someone’s injuries, the court will assign each party a proportion of blame depending on their level of culpability.
The comparative fault rule also ensures that an injured party can recover even if they are somewhat to blame for their accident and the resulting injuries. However, the total damage award would be proportionately reduced by the plaintiff’s assigned percentage of fault. As this can drastically impact a person’s recovery, it is important to work with a local civil attorney who could help show the defendant is the primary party responsible.
Time Limit to File a Personal Injury Claim
Texas has a statute of limitations for personal injury claims that is determined by the facts of the case. Under Texas Civil Practice & Remedies Code § 16.003(a), most personal injury cases must be filed within two years of the accident. However, in certain circumstances, the filing deadline does not begin from the date of the accident but to the time when the injured person discovered or should have discovered their injuries.
Additionally, there are certain exceptions to the statute of limitations, such as when the injured party is a minor. A Brazoria County lawyer could help potential claimant understand when to file their personal injury claim.
Speak with a Brazoria County Personal Injury Attorney Now
Personal injury cases are complicated and often hard-fought. Proving another person is responsible for your harm requires the skill and knowledge of a well-practiced attorney. Call our office today to schedule a private consultation with a Brazoria County personal injury lawyer.