What Not to Say to a Personal Injury Lawyer in Texas (and What to Say Instead)
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After a serious accident in Texas, understanding your rights is the first step toward protecting your claim. Key state laws, like the 51% bar rule for fault and the two-year deadline to file a lawsuit, mean that your words and actions have significant consequences. This guide focuses on the Texas-specific issues you need to be aware of.
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How Texas Law Affects Your Personal Injury Claim
While our main article covers what not to say in general, three specific Texas laws dramatically influence how you should approach your case. Saying the wrong thing can put you on the wrong side of these rules, potentially costing you your entire claim.
1. Texas’s Modified Comparative Fault Rule (The 51% Bar Rule)
Texas follows a modified comparative fault system, often called the “51% bar rule.” This law, found in Tex. Civ. Prac. & Rem. Code Ann. § 33.001, dictates that you can only recover damages if a court finds you to be 50% or less at fault for the accident. If you are found 51% or more responsible, you are legally barred from recovering any compensation. 1
- Local Example: Imagine a collision on a major highway like I-10 where one driver makes an unsafe lane change, but the other was distracted for a moment. The insurance company will use that moment of distraction to argue you share significant fault. If they can convince a jury you were 51% or more responsible, you get nothing. This is why you should never admit any degree of fault.
2. The Two-Year Statute of Limitations
In Texas, you have two years from the date of the accident to file a personal injury lawsuit. 2 While this provides a reasonable amount of time, it is a firm deadline. An insurance adjuster may try to delay your claim, hoping you’ll miss the window to file. It is critical to contact a Texas injury lawyer to ensure your rights are protected long before this deadline approaches.
3. No Caps on Damages in Most Cases
Texas does not place caps on non-economic damages in most personal injury cases, including those arising from car accidents and truck accidents. 3 This means there is no artificial limit on the amount of compensation you can receive for pain, suffering, and other non-economic losses. Downplaying your injuries is a mistake anywhere, but in Texas, it could mean leaving a significant amount of money on the table.
Top Questions for a Texas Car Accident Lawyer
Is it worth getting a lawyer for a car accident in Houston, TX?
Yes. Given Texas’s 51% bar rule and the complexities of insurance claims, an experienced Houston car accident lawyer is essential. An attorney handles the insurance adjuster, ensures you meet the two-year statute of limitations, and fights to maximize your compensation, especially since there are no caps on damages in most Texas car accident cases.
What if I was partially at fault for my accident in Texas?
As long as you were 50% or less at fault, you can still recover damages. For example, if you were found 30% at fault for a crash in Dallas, your total compensation would be reduced by 30%. A skilled Texas personal injury lawyer can work to minimize the percentage of fault assigned to you.
How do I get a police report after a crash in Austin or San Antonio?
Obtaining the official crash report is a critical early step. You can typically request the report from the police department that investigated the accident, whether it was the Austin Police Department, San Antonio Police Department, or the Texas Department of Public Safety. An attorney can manage this process for you and use the report to build your case.
Why Injured People in Texas Choose Southern Injury Attorneys
- We Know Texas Law: Our attorneys, including Larry “Jimmy” Peters, are licensed in Texas and are deeply familiar with its 51% bar rule, the two-year statute of limitations, and the fact that there are no damage caps in most cases. We handle cases in local courts like the Harris County District Court and the Dallas County District Court.
- We Understand Local Roads: We have experience with accidents on major Texas highways, including I-10, I-45, I-35, and I-20, as they pass through metropolitan and rural areas alike.
- We Are Part of the Community: Our firm is dedicated to helping our neighbors across Texas get the justice and compensation they deserve.
