Car accidents can happen under many different circumstances. Sometimes the results are minor, but when the consequences are severe and someone else is at fault, a personal injury lawsuit is often the best way for the injured person to seek compensation.
If you file a car accident lawsuit, there are two applicable laws that may affect the outcome of your case.
Shared fault in an accident
Sometimes both parties share responsibility for the accident. When this happens in Texas, the modified comparative fault rule applies. You can still receive compensation for your losses, but the comparative fault rule dictates that your percentage of fault equals the amount deducted from your award. For example, if you receive an award of $50,000 and you are 10% at fault for the accident, you can only recover $45,000 of the award.
Under modified comparative fault, you will not receive any compensation if you are more than 50% at fault for the accident and your injuries.
Statute of limitations
Most laws have a statute of limitations that provides a timeframe for filing a lawsuit. In Texas, the statute of limitations for a car accident lawsuit is two years, and the start date is the day of your accident. If you attempt to file a case after the two-year limit passes, the court will likely dismiss your claim without even reviewing it.
The aftermath of a bad car accident is stressful and often overwhelming for those that suffered significant damages. However, a lawsuit may help to relieve the heavy financial burdens that come with serious injuries.