PERSONAL INJURY FAQs
“Personal injury” cases are legal disputes that arise when one person suffers harm from an accident or injury, and someone else might be legally responsible for that harm. A personal injury case can become formalized through civil court proceedings that seek to find others legally at fault through a court judgment or, as is much more common, such disputes may be resolved through informal settlement before any lawsuit is filed:
In Texas, the length of time for an injured party to file suit is based on a law called a Statute of Limitations. Cases based on personal injuries at subject to a two year statute of limitations. A plaintiff must file his suit within two years of the negligent act that caused the injury. There are special circumstances that might extend the time period, but two years is the general rule.
Note that suits based on sex crimes have a five year statute of limitations and suits for libel and slander have a one year statute.
In Texas, the Plaintiff has the burden to prove his case by a preponderance of the evidence, which is a much lower standard than in a criminal case. A preponderance of the evidence only requires that the Plaintiff show that something more than 50% of the credible evidence is in his or her favor.
Any potential personal injury case requires a detailed understanding of the facts, the processes, and the law. If an accident has impacted your life, you will want to consult with an experienced attorney to see if you should pursue a lawsuit. Not sure if you have a case? You can always contact me for an evaluation of your case in a free initial consultation.