When pursuing an injury claim in the aftermath of a car accident, there are various state laws that may impact your case and its outcome. Aspects such as statute of limitations and comparative negligence can play a significant role – it’s crucial that you have a solid understanding of what they entail. In this blog, our Laredo car accident attorney explains the different Texas laws pertaining to car accident cases.
Statute of Limitations
There are timeline regulations put in place that affect how long you have to file a case in court after suffering injuries from a car accident. In the state of Texas, you have two years to file a personal injury case relating to an auto accident – the two year window begins the day the accident occurred. It’s important to note, however, that this statute is only limited to cases filed in court. The two-year timeline does not apply to any claims filed with insurance companies. After being involved in an accident, you don’t want to waste time in waiting to file a case.
Modified Comparative Fault Rules
Comparative fault can be applied if you’re found to be partially responsible for the injuries you’ve sustained. In Texas, courts use a modified version of this rule – if you’re found 20% responsible for your injuries, your compensation will be reduced by 20%, and you would receive 80% of the total damages award. This rule applies as long as the fault you share is less than 50 percent. If you are found to hold more than 50% of the responsibility, your damages award can drop to zero. Even if your case does not make it to trial, you can expect that comparative fault will still be a considerable factor.
Put your trust in our firm’s skill and perseverance. Schedule a free consultation with our Laredo car accident attorney by calling (956) 434-4000 today!
