Frequently Asked Personal Injury Questions
How Long Do I Have to File a Claim?
According to Tex. Civ. Prac. & Rem. Code section 16.003 the statute of limitations for personal injury cases in Texas is two years. This means you have two years from the date of your injury to file a claim or you may lose your right to pursue compensation. If your claim is against a government worker or entity, the time limit to file a claim is only 6 months. Texas does recognize some exceptions to the statute of limitations, but your case must meet specific requirements. An attorney from our firm will be able to let you know if you qualify for an exception to extend the statute of limitations!
What Damages Can I Recover?
Damage is a legal term that refers to the different types of losses a defendant may be liable to pay out compensation for. In personal injury suits, there are generally three main types of damages injury victims can seek restitution for economic damages, non-economic damages, and punitive damages. Economic damages, also called special damages, compensate for the financial losses associated with an injury such as missed wages due to the inability to work and medical expenses.
Non-economic damages compensate for the more abstract losses an injury victim faces, such as pain and suffering and emotional distress. Since non-economic damages compensate for such intangible losses they are also called general damages. Both economic and non-economic damages are “compensatory damages” which means the main purpose of them is to compensate the injured party for a specific loss. There is only one category of damages that is not compensatory and that is punitive damages. The main purpose of punitive damages is to punish the defendant for their negligent behavior. Since punitive damages can be quite harsh they are not often awarded in most personal injury cases.