In Texas, personal injuries present the probability of a lawsuit if a liability is apparent. The cases could range from auto accidents to medical malpractices, and they are defined by the negligence of another party who failed to provide a duty according to the law. A personal injury attorney in Tyler, TX provides a legal avenue for victims.
Statute of Limitations for Personal Injuries
Under Texas State Code Title 2, Section 16.003, the victims of any personal injury have a two-year window to file a legal claim. Any failure to submit a claim for the injuries results in a forfeiture of the victim’s rights to compensation. The statute runs out on the second-anniversary date of the incident.
What Is Shared Fault?
A shared fault is defined according to the type of claim submitted. For example, in a car accident, shared fault is defined by moving violations committed by the victim. In a medical malpractice, it is defined by a failure to complete treatment as directed by common practices. In these cases, a failure to follow requirements associated with risk before or after a surgical procedure could also indicate a partial fault of the patient. In a product liability case, the fault could be presented through a failure of the purchaser to follow packaging instructions.
The One-Bite Rule
In dog attack cases, the pet owner is liable after the first bite. However, the victim must prove they didn’t break the law. If the victim provoked the animal, abused it, or broke the law prior to having contact with it, they won’t be awarded compensation. Victims are individuals who were invited into the property or who entered the property to perform a service. This also includes utility workers who must enter the property to perform their jobs.
In Texas, personal injuries can result from a variety of circumstances. They include criminal acts, premise liabilities, occupational hazards, or OSHA violations. Despite the exact term applied to the injury, the victim has a viable claim if the defendant was responsible for their injuries. Victims of these events csan contact a personal injury attorney in Tyler, TX through the Law Firm of Holmes & Moore, PLLC today.
