Experienced Personal Injury Lawyer in Sherman, TX

What is the Personal Injury Law?

Personal injury law, also known as tort law, allows individuals to file lawsuits when they have been harmed due to someone else’s negligence or intentional misconduct. This area of law covers a wide range of incidents, including motor vehicle accidents, medical malpractice, product liability, and premises liability.

In Texas, personal injury law is governed by the Texas Civil Practice and Remedies Code, Chapter 33. This chapter outlines the rules for comparative fault, which means that if the injured party is found to be partially at fault, their compensation may be reduced. For example, if someone is 20% at fault for their accident, their damages would be reduced by 20%. This law is critical to understand, as it affects the potential outcome of many personal injury cases.

The Personal Injury Case Process

The legal process for a personal injury case can be complex, but The Law Office of John H. Nix ensures clients are guided through every step. The first phase involves gathering evidence, which may include police reports, medical records, witness statements, and any other relevant documentation. This information helps build a strong case to prove liability and damages.

Once evidence is collected, negotiations typically begin with the at-fault party’s insurance company. The goal is to settle without going to trial, but if a fair offer isn’t made, the injury attorneys at the firm will not hesitate to take the case to court. This litigation phase can involve presenting evidence before a judge or jury to seek a verdict in the injured party’s favor.

Types of Personal Injury Cases and Penalties in Texas

Personal injury cases in Texas cover a wide range of incidents. Here are some of the most common types:

• Car accidents: Often caused by distracted driving, speeding, or intoxication.
• Slip and falls: These can occur due to unsafe conditions on public or private property.
• Workplace accidents: Typically involve machinery, unsafe work environments, or employer negligence.
• Medical malpractice: When a healthcare provider’s negligence causes harm to a patient.

Each type of injury case comes with its own set of penalties and possible compensation. Texas also has a two-year statute of limitations for personal injury claims, which means injured parties must file a lawsuit within two years from the date of the incident. Failing to do so can result in losing the right to seek compensation. The damages awarded can include medical expenses, lost wages, pain and suffering, and, in some cases, punitive damages to penalize the at-fault party for egregious behavior.

How Personal Injury Cases Differ in Texas

Texas laws differ from other states in several ways. For example, Texas follows a modified comparative negligence rule. This means that as long as an injured party is less than 51% at fault, they can still recover damages, though their compensation will be reduced by their percentage of fault. This differs from states with “pure” comparative negligence laws, where an individual can recover damages even if they are 99% at fault.

Additionally, Texas does not have a cap on economic damages, such as medical bills or lost wages. However, there is a cap on non-economic damages, like pain and suffering, in certain cases, such as medical malpractice claims. The state’s tort reform laws, passed in 2003, limit these non-economic damages to $250,000 per defendant.

Other differences in Texas include:

• Caps on punitive damages: Punitive damages are limited to either $200,000 or two times the amount of economic damages plus an equal amount of non-economic damages (up to $750,000).
• No-fault insurance laws: Texas is an at-fault state, meaning that the party responsible for the accident must pay for damages.

How The Law Office of John H. Nix Can Help

The Law Office of John H. Nix is dedicated to protecting the rights of those injured due to someone else’s negligence. With decades of experience, they understand the ins and outs of personal injury law and are ready to fight for maximum compensation. They offer bilingual services to assist Spanish-speaking clients, ensuring clear communication throughout the process.

Here’s what they offer:

• Comprehensive case evaluation: They will thoroughly review your case and provide legal guidance on the best path forward.
• Aggressive representation: Their injury lawyers are not afraid to take on insurance companies and other parties who try to downplay your injuries.
• Bilingual services: Spanish-speaking staff and attorneys are available to assist with all aspects of the legal process.

They take pride in offering compassionate legal help while fiercely advocating for their clients.