By: Jimmy | Published: August 13, 2020
Every state has statute of limitations laws that regulate how long you have to file a claim. The claim must be submitted within that time, or you will not be able to submit anything.
Texas has statute of limitations laws that surround many situations. The Texas Code of Civil Practice and Remedies 16 implies rules on the statute of limitations for various injuries. One such point to look at is the slip and fall accident statute of limitations. The comparative failure factor can also play a role in a case. You should speak with a Dallas slip and fall attorney to help you with your case in any situation.
The Texas 16 Code of Civil Practice and Remedies states that a person has two years to file an injury claim. That means the person must file a claim within two years from the date of the damage in a slip and fall accident.
The statute of limitations is two years for all concerns that arise. These include:
The two-year period provides sufficient time to allow the parties to review the case and schedule the court hearing. It also gives you time to reach an agreement with the insurance company.
You also need to consider comparative fault in your slip and fall case. Comparative fault, or proportionate liability, as it is known in Texas, says the defendant can argue that the party is not the only one who was neglected in an injury case. The plaintiff must also share some of the blame for the injuries.
This point can influence what happens in a slip and fall case. The plaintiff may receive a reduced amount of damages because part of the case is that person’s fault. The plaintiff cannot be found to be more than fifty percent at fault for the slip and fall injury.
What makes the issue of comparative failure a concern for slip and fall cases is that it can take time to determine who is at fault for something. The statute of limitations provides sufficient opportunity for the parties to find enough facts to show who is at fault in a case. Sometimes the plaintiff will have enough data on hand to show that one is not fully responsible for what is happening in a case.
You will need to get the support you deserve when dealing with a slip and fall case in Texas. A Dallas personal injury attorney at Los Abogados Luchadores is ready to help.
We will make sure you get the settlement you deserve and your help within the statute of limitations. Our job is to make sure you get the justice you deserve.
