Goggin Law Firm represents people injured because of the negligence and thoughtlessness of others. Negligence can be seen in many area of life such as car accidents from minor to tragic, wrongful death, personal injury, malpractice, and the list goes on. When a tragic situation arises, so do questions. When you or a family member is dealing with just trying to get your life back in order, my job as an attorney is to explain your rights, to investigate your claim, and to gather medical records and other evidence.
The personal injury claims process can be very confusing, and if you’re part of a personal injury lawsuit or insurance settlement in Texas, a number of state laws may come into play at some point in your case. Did you know that there are time limits on Personal Injury Lawsuits in Texas?
All states have imposed statutory limits on the amount of time you have to go to court and file a lawsuit after you have suffered some type of harm. These deadlines vary depending on what type of case you want to file, but generally, this kind of law is called a statute of limitations. According to the law in Texas, the statute of limitations for personal injury cases generally gives you two years from the date of the injury to file a lawsuit in the state’s civil court system.
It is very important to understand this rule. If you don’t get your lawsuit filed before the two-year window closes; unfortunately, the Texas civil court system will probably refuse to hear your case at any time in the future, and your right to compensation will be lost.
In some personal injury cases, the person or business that you are filing a claim against argues that you are actually to blame (at least partially) for the incident that led to your injuries. If you do share some part of the liability, it could end up affecting the total amount of compensation you can receive from other parties who are at fault.
In shared fault injury cases, Texas follows a “modified comparative negligence rule.” Simply stated, this means that the amount of compensation you’re entitled to receive will be reduced by the amount that is equal to your fault. However- if you’re found to bear more than 50 percent of the legal blame, you will be unable to collect anything at all from other at-fault parties. Texas courts are obligated to follow this rule in an injury lawsuit that makes it to trial, so don’t be surprised if the other side’s insurance adjuster raises the issue of Texas’s comparative negligence rule during settlement talks.
As you can see, the process is very difficult to navigate, and my job is to care about your case and fight for what is legally yours. If necessary, I will file the lawsuit and we continue to work toward settlement or trial. Most of these claims I handle on a contingency fee basis, which means I receive a percentage of what you recover. Court costs, litigation expenses, and medical bills, are paid from your share of the recovery. If there is no recovery, you will not be responsible for any court costs or litigation expenses, except for unpaid medical bills.
I often hear complaints that “people sue too much” or “people make up claims.” However, I do believe that in our system of justice, a person injured as a result of someone’s negligence has every right to pursue that claim and to ask for monetary damages based on the facts of that case. The extreme cases, such as the infamous McDonald’s hot coffee case, make headlines while we don’t often hear about everyday justice.
When you have been injured as a result of someone else’s carelessness, have confidence in the fact that we are here to help you and represent your interests. Contact the Goggin Law Firm and let us help protect your future.