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Understanding Texas Personal Injury Laws – A Guide for McAllen Residents

Personal injury law in Texas can seem overwhelming, especially when you’re recovering from an accident. Whether you were injured in a car crash, a workplace incident, or a slip and fall in McAllen, it’s essential to understand how Texas law governs your right to compensation.

At J.A. Davis & Associates, we believe every injury victim deserves clear, accessible information. This guide outlines the key legal principles that impact personal injury claims in McAllen, Texas.

Texas Is a Fault-Based State

Texas follows a fault-based system for personal injury and auto accident claims. That means the person (or company) who caused your injury is financially responsible for your damages. To recover compensation, you must prove that:

• The other party owed you a duty of care
• They breached that duty through negligence or misconduct
• You suffered an injury as a direct result
• You experienced damages, such as medical costs or lost wages

For example, if a distracted driver rear-ends you at a stoplight in McAllen, they are generally liable for your medical bills, repairs, and other losses.

Modified Comparative Negligence Rule

Texas employs a legal doctrine known as modified comparative negligence. Under this rule, you can still recover compensation even if you were partially at fault for the accident, as long as you were not more than 50% responsible.

However, your total compensation will be reduced by the percentage of fault attributed to you. For instance:

If you’re awarded $100,000 but found to be 25% at fault, you’ll receive $75,000

If you’re 51% or more at fault, you’re barred from recovering any damages

This is why strong legal representation is so important. Insurance companies often attempt to shift the blame to minimize their liability and pay. Our attorneys push back with evidence and advocacy.

Statute of Limitations in Texas

Texas imposes strict deadlines for filing personal injury lawsuits. In most cases, you have:

Two years from the date of the injury to file a claim in court

Missing this deadline means forfeiting your right to pursue compensation, no matter how strong your case is. Some exceptions may apply, such as in cases involving minors or delayed discovery of harm, but you should never wait to speak with an attorney.

Types of Damages Available in McAllen Injury Claims

Texas personal injury law allows victims to pursue economic, non-economic, and in some cases, exemplary (punitive) damages.

1. Economic Damages
These are financial losses that can be calculated and proven with documentation:

• Hospital bills and medical expenses
• Rehabilitation and therapy costs
• Lost income and future earnings
• Property damage

2. Non-Economic Damages
These compensate for physical and emotional harm that doesn’t have a direct price tag:

• Pain and suffering
• Emotional distress
• Disfigurement or scarring
• Loss of enjoyment of life

3. Punitive Damages
Rare, but possible in cases involving gross negligence or intentional harm. These are designed to punish the wrongdoer and deter similar conduct.

Texas Caps on Damages

In general, in personal injury claims (like car accidents or slip and falls), there are no caps on compensatory damages. However, in medical malpractice cases, Texas imposes limits:

$250,000 in non-economic damages per defendant

$500,000 total for all healthcare providers

There are no caps on economic damages in malpractice cases.

Special Considerations for Government Claims

If your injury involved a government entity, such as a city bus accident or a fall on public property, special rules apply under the Texas Tort Claims Act:

• You must provide written notice of your claim within 6 months (or sooner in some cities)
• Damages may be limited based on the entity involved
• Lawsuits must be filed within the general 2-year statute of limitations
• Our firm has experience handling claims against local and state agencies in the Rio Grande Valley.

Common Defenses Used in Personal Injury Cases

• The defendant or their insurance carrier may raise several defenses to avoid liability, such as:
• Assumption of risk: Claiming you knowingly exposed yourself to danger
• Pre-existing condition: Arguing your injuries weren’t caused by the accident
• Comparative fault: Blaming you for causing or contributing to the incident
• Failure to mitigate: Saying you made your injuries worse by not seeking care

Attorney Bryan Davis and our team at J.A. Davis & Associates work aggressively to refute these claims and present a compelling case for maximum compensation.

How Our Legal Team Helps McAllen Injury Victims

Navigating Texas personal injury law independently can lead to costly mistakes. At J.A. Davis & Associates, we:

• Conduct a full investigation to gather evidence
• Handle all communications with insurance adjusters
• Negotiate settlement offers backed by real data
• File lawsuits when negotiations stall
• Keep you updated and informed throughout the process
• We represent clients in McAllen and across Hidalgo County in all types of injury claims, including:

Auto accidents

Truck crashes

Motorcycle injuries

Workplace injuries

Premises liability

Medical negligence

Wrongful death

Why Choose J.A. Davis & Associates?

We’re not a national law firm looking to settle fast and move on. We’re a local team rooted in the McAllen community, and we’re passionate about helping injury victims hold negligent parties accountable.

With J.A. Davis & Associates, you get:

• Personalized attention and honest answers
• Proven trial experience
• Contingency-based representation—no fee unless we win
• Immediate action to preserve your case

Texas personal injury laws can work in your favor—but only if you understand them and act quickly. From time limits and liability rules to damage caps and insurance disputes, there’s a lot at stake.

If you’ve been hurt in McAllen due to someone else’s negligence, let J.A. Davis & Associates help. We offer free consultations and are ready to fight for every dollar you’re owed. Call today to take the first step toward justice.