Apr 29, 2021
| By Anthony Milano
| Read Time: 2 minutes
There is a time limit known as the “statute of limitations” for filing any type of personal injury lawsuit in Texas. In most cases, victims harmed by another’s negligent actions or their failure to act have two years to bring a claim. The failure to do so within the allotted time will typically cost you your right to obtain any amount of compensation. Personal Injury Statute of Limitations in Texas Under Tex. Civ. Prac. & Rem. Code section 16.003., the two years designated for personal injury victims to file a lawsuit typically begins on the date the accident occurred. It is usually in your best interest to begin the claims process relatively soon after your injuries have occurred. However, that does not mean that you should resolve your claim before you have reached “maximum medical improvement” (MMI) or understand the total value of your case. If you have suffered serious harm, most personal injury lawyers would advise that you wait to settle a claim until you fully recover and know the full implications of your injury. If your claim is against a Texas state or local government employee or agency, you must file a formal claim with the government unit within six months of the accident. Since the timeline and filing requirements are more stringent for personal injury claims against the government, it is vital to speak to an attorney immediately after the accident to ensure your rights are protected. What If You Miss the Two Year Deadline? In general, there’s no way around the statute of limitations. If you wait until after the statute of limitations to file a personal injury claim has expired, the party you are attempting to sue will typically file a “motion to dismiss.” Pointing out that the statute of limitations has run will almost always result in your case being dismissed unless a rare exception applies to your claim entitling you to more time. The personal injury statute of limitations in Texas was established to streamline the legal process. That way, lawsuits are not brought to the courts several years after the incident occurred and after much of the significant evidence has been lost. Exceptions to Texas’ Personal Injury Statute of Limitations Several scenarios may temporarily stop the clock and extend Texas’ deadline to file a personal injury claim. These circumstances can include: The injured person is under the age of 18, or as described by Texas law — under a legal disability The injured person is not of sound mind The party who allegedly caused the injury leaves the State of Texas. The clock will begin running once the injury victim turns 18 or becomes mentally competent or once the party returns to Texas. The period of the responsible party’s absence will not count as part of the two-year statute. We Can Help If you believe you have a personal injury claim, speak to a trusted Houston Personal Injury Lawyer before the statute of limitations runs out. Call (713) 489-4270 today for a free consultation.
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Apr 28, 2021
| By Anthony Milano
| Read Time: 2 minutes
When a loved one is killed by someone else’s actions, the surviving family members may have a wrongful death claim. There are different types of compensation that may be awarded in a wrongful death action, as well as certain rules in place governing how settlement proceeds are divided in Texas. Who Will Receive Compensation in a Texas Wrongful Death Claim How wrongful death settlement proceeds are divided in Texas is in accordance with Texas Civil Practice and Remedies Code 71. Texas law explicitly names who is recognized as a beneficiary after the wrongful death of a loved one, mainly surviving spouses, children, and parents. If minor children are involved, the court may designate a guardian of the minor as the person who will receive the compensation. Like most civil lawsuits, wrongful death claims are often settled before reaching the courtroom. Once a settlement is reached, adult beneficiaries are first given a chance to work out on their own how funds will be distributed. However, disputes can arise between family members who disagree on how the proceeds should be divided. At that point, a lawyer can step in to help split the compensation fairly. Wrongful death lawyers will typically draw on precedents set by jury decisions in other wrongful death cases to determine how to divide the proceeds among each surviving family member. If a wrongful death claim reaches trial, however, a jury will have the responsibility to designate how much each person is entitled to receive. How a Texas Jury Will Divide Wrongful Death Settlement Proceeds Juries have generally divided wrongful death settlement proceeds in other cases as follows: More compensation is typically allocated to the victim’s surviving spouse. Minor children who lost a parent may not be awarded the same amount as a spouse, but it will be substantial. Parents who have lost a minor child are commonly awarded a considerable amount. Awards are typically limited for middle-aged or elderly persons that have lost an adult child and for adult children who have lost a parent. Issues such as structured settlements or trust accounts can also impact the distribution of proceeds. Types of Compensation Available in a Wrongful Death Claim The family of a deceased loved one can seek compensation for the following: Loss of financial support Loss of companionship (the harm caused by the end of the relationship) Mental anguish. Funeral and burial expenses Medical expenses for your loved one’s care after the accident and up until their death Property damage caused by the accident Lost income due to injuries Pain and suffering after an accident up until death. In some instances that involve a defendant who acted willfully or exhibited gross forms of negligence, the court may award punitive damages. These damages are meant to punish the defendant and discourage others from similar negligence. However, they are rarely awarded because there must be proof of intentional or extreme behavior. We Can Help You Through This Difficult Time Please contact Milano Legal Group if you have any questions about a wrongful death lawsuit or are considering filing one. Our Houston Wrongful Death Attorney can discuss your situation in a free consultation. Call (713) 489-4270 today.
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Apr 27, 2021
| By Anthony Milano
| Read Time: 2 minutes
When driving in Texas, there are right of way laws that drivers must abide by to keep themselves and others on the road safe. Failing to observe them can result in penalties, or worse, a car accident. Intersections Motor vehicles driving down unpaved roads must yield the right-of-way when they come across an intersection with a paved road. At an uncontrolled intersection, ones that don’t have a traffic control signal or stop/yield signs, you must yield to those who are already at the intersection and proceed cautiously. For left-hand turns at an intersection, you must give the right-of-way to pedestrians crossing the street, as well as vehicles traveling in the opposite lane. For right turns, you must also yield to any pedestrian and cars entering the lane you are turning into. When traveling down a private road, lane, or alley that opens up to an intersection, you must give the right-of-way to any oncoming traffic. At railroad crossings, you must stop at the indicated area to give trains the right-of-way. Stopping too close to the tracks can cause devastating consequences if an accident occurs and you are struck by a moving train. Pedestrians Drivers must yield the right-of-way to pedestrians, even if they cross the road illegally, such as failing to use a marked crosswalk. Pedestrians are required to yield to vehicles that have a green light at an intersection. Pedestrians who are blind always have the right-of-way. Pedestrians lack the same amount of protection as a vehicle gives its passengers. As a result, accidents often cause severe injuries or even deaths. As a general rule of thumb, Texas drivers should always be extra cautious and give pedestrians the right-of-way. Emergency Vehicles Emergency vehicles, such as ambulances, fire trucks, police vehicles, etc., that have their sirens and flashing lights on have the right-of-way. You must move aside or even pull over if you have to let these vehicles pass. If you are in an intersection at the time, proceed through it, then pull over to the side. Penalties for Failing to Yield the Right of Way in Texas Drivers who fail to comply with Texas right-of-way laws can be subject to a fine between $50 to $200 and two points on their license. If a violation of a right-of-way law leads to an injury, the driver may receive three points on their license and a fine of up to $2,000. A larger fine of up to $4,000 may be issued if someone is seriously injured. Get Legal Help Understanding who should have legally had the right-of-way can help you better define who is at fault when an accident occurs. If you can prove that another driver caused the accident by violating a right-of-way law, you will have a strong claim for compensation. If you have been injured in an accident in Texas, an experienced Houston Car Accident Lawyer at Milano Legal Group can help. We will identify the liable parties and ensure you recover maximum compensation for your claim. Call (713) 489-4270 or reach us online today.
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