How Can Tort Reform Impact My Texas Personal Injury Case?

 Posted on November 26,2024 in Personal Injury

If someone else’s mistake or negligence caused you to get injured, you might file a personal injury claim to receive compensation for the costs related to the injury such as medical bills, lost wages, and pain and suffering. However, in Texas, tort reform laws may affect how personal injury claims work. These laws are designed to limit how much money a person can receive in certain cases, making it more difficult to win large settlements or jury awards. To learn more about tort reform and how it might impact your personal injury case, speak with a qualified Austin, TX personal injury lawyer.

What is Tort Reform?

Tort reform describes changes to Texas law that limit how much compensation you can receive in a lawsuit, including personal injury claims. Tort reform aims to reduce the number of lawsuits that are filed, the cost of litigation, and the amount of money awarded in cases. The rationale behind it is that if these cases are less profitable, it will discourage people from bringing frivolous lawsuits. However, it has also succeeded in discouraging real victims and can prevent them from getting justice.

In Texas, tort reform has placed a limit on non-economic damages, which is compensation for things like pain and suffering, emotional distress, and loss of enjoyment of life. In many personal injury cases, these damages can be much higher than lost wages or medical bills.

How Can Tort Reform Affect Personal Injury Cases?

Tort reform can make it harder for injured people to recover large amounts of money in personal injury cases. The ways it impacts Texas  personal injury claims include:

• Caps on damages: Some personal injury cases only allow a person to be awarded a certain amount of money for things like pain and suffering, even if they suffer from severe and debilitating injuries. For example, the cap on non-economic damages in medical malpractice cases is $250,000, so even people suffering life-changing injuries might not recover as much as they would otherwise expect.

• Comparative fault: Texas law decides how much compensation you can receive by calculating proportionate responsibility. If you are partly at fault for whatever caused your injury, your compensation is reduced by the amount of blame you share. For example, if you are found to be 20 percent at fault for the accident, the compensation you are awarded is reduced by 20 percent. Tort reform laws have made this rule stricter, so it is important to have valid proof that the accident was mainly caused by another party.

• Lawsuit limits: Texas tort reform makes it more difficult to file certain lawsuits. In some cases, you might be required to have a certain amount of evidence before a personal injury claim can be filed. This makes it harder to hold others accountable.

Schedule a Free Consultation with an Austin, TX Personal Injury Lawyer

Texas tort reform has had a big impact on personal injury cases. A skilled Midland, TX personal injury attorney with a thorough understanding of the implications of tort reform can help you file a claim with higher chances of success for recovering maximum compensation. At Morales Law Office, Attorneys at Law, PLLC., we are passionate about helping clients hold responsible parties accountable for their injuries. Call us at 512-474-2222 to schedule a free consultation so we can review your situation and work on creating a strong case for you.