What You Need to Know
It is important to remember that the restrictions of Tort Reform will not pose an obstacle for a legitimate claim that requires remedy. If you or someone you know is injured by another person’s actions, remember these helpful tips:
- Take time to write down details of what occurred, including the parties involved, names of witnesses, names of insurance carriers, the location of the accident, any police reports, any workers’ compensation representative (if work-related), etc.
- Create a physical record of the event by preserving evidence of the injury and the surrounding circumstances (ex. personal belongings or clothing that were damaged during the event). Nearly everybody has a camera with them at all times, if you don’t ask a witness to use theirs. Take photographs of the damage (ex. body injuries or totaled cars, etc.).
- Under Texas law, there is a two (2) year statute of limitation on personal injury claims. This means that beginning the moment an event occurs that causes an injury, a lawsuit must be brought within two years of that date or the opportunity to recover will be forever lost. By no means should this give an injured person comfort in thinking they can take their time in pursuing their rights and remedies. As time passes, evidence is lost and the memories of witnesses fade. Contact us to speak with an attorney experienced in personal injury law and the legal mechanisms for preservation of evidence, as soon as possible after an injury.
When a person has suffered injury to their body, mind, or emotions Texas tort law allows a cause of action to be brought against the person who caused the injury by their intentional acts, negligence, or acts of defamation. A common type of personal injury lawsuit is for injuries arising out of an automobile accident. However, a recovery for damages from a personal injury will either be determined by governing statutes or common law principles.
Texas statutes can provide recovery for an entire range of damages. In some cases, the compensation amounts to actual economic or pecuniary losses including future damage or future loss of earning. In other cases, there may be compensation for noneconomic losses, including damages awarded for physical pain and suffering, mental or emotional pain or anguish, loss of consortium, disfigurement, physical impairment, loss of companionship and society, inconvenience, loss of enjoyment of life, injury to reputation, and others. In personal injury cases that involve gross negligence, a plaintiff may be able to recover exemplary/punitive damages which are awarded as a punishment to the offender. Overall, the amount of damages recoverable will depend on the particular circumstances surrounding an injured person’s case.
The lawyers at Gilman & Allison, LLP will always provide you with a free, confidential initial consultation and case evaluation.