If you get injured in an accident in Texas that is caused by the mistakes or carelessness of another person, you may be able to recover financial compensation from that party to help you pay for your related bills.
If the at-fault party in your case is a government agency, your personal injury claim will follow a unique set of rules and requirements under the Texas Tort Claims Act. It can be helpful to hire an Austin personal injury attorney to help you with this complex type of claim in Texas.
What Is the Texas Tort Claims Act?
A legal doctrine known as “sovereign immunity” protects government entities from being sued or held liable (legally responsible) without their permission. This rule was originally created to protect the King in British common law.
Typically, sovereign immunity applies to cases involving the federal government and the Texas State government, but not always the municipal or city government. To protect individuals from government negligence, most states (including Texas) have passed Tort Claims Acts that express when a government agency can be sued outside of the restrictions of sovereign immunity.
According to the Texas Tort Claims Act, sovereign immunity is waived if personal injury or property damage is caused by the negligence of a government employee or a dangerous defect on government property. Negligence means the government agency or one of its employees acted below the accepted standard of care.
What Is a Catastrophic Injury?
A catastrophic injury is one that will have a significant or permanent impact on the accident victim’s life. It can refer to an injury such as a spinal cord injury that inflicts paralysis (permanent loss of function and feeling) or a traumatic brain injury with permanent brain damage.
Other examples are:
- Amputation injuries
- Hearing and vision loss
- Catastrophic burns
- Multiple bone fractures
- Organ damage
An injury from an accident such as a motor vehicle collision or bad fall could be classified as catastrophic if it has a significant impact on the victim’s daily life or future. Any significant medical complication or loss of quality of life can signify a catastrophic injury. Typically, these injuries require extensive medical care or ongoing therapies and rehabilitation.
How to File a Catastrophic Injury Claim Under the Texas Tort Claims Act
If you suffered a catastrophic injury in a preventable accident and have reason to believe that the government or one of its employees is to blame, start your case by consulting with an experienced Austin catastrophic injury lawyer.
Claims brought under the Texas Tort Claims Act can be complicated and involve special rules and requirements. An attorney can help you determine if the government is at fault and collect evidence to support your claim, if so.
A lawyer will verify whether the circumstances surrounding your catastrophic injury make you eligible to file a claim outside of the laws of sovereign immunity. In general, your catastrophic injury must have arisen from a government employee’s negligent use of a motor vehicle or equipment or a dangerous condition on government or public property.
If you have grounds for a claim, your attorney can help you file the necessary paperwork by the deadline. Texas law requires a formal notice of intent to sue to be delivered to the government entity prior to filing a lawsuit. The written notice must contain a description of events, the nature of your catastrophic injury and the amount of damages you are seeking as a remedy.
Act Quickly – The Statute of Limitations Is Shortened
One of the most critical things to know about filing any type of injury claim under the Texas Tort Claims Act is that you have less than Texas’s typical statute of limitations to take legal action.
While Texas Civil Practice and Remedies Code § 16.003 gives you two years from the date of an accident to file a catastrophic injury claim, you have just six months under the Tort Claims Act.
If your claim is against a municipality, you could have an even shorter deadline. This changes from city to city; for example, a claim in Austin must be initiated within just 45 days, while Houston and Dallas both have a deadline of 90 days.
It is important to meet your notice deadline, or else you could forfeit the right to seek financial compensation entirely.
What Happens When a Claim Is Brought Against the Government in Texas?
The initial claim against a Texas government agency for a catastrophic injury will be filed either with the Texas Attorney General (for a case against the state) or directly with the municipality you wish to hold accountable. Once the entity receives your claim, it will conduct an investigation of the event and issue its response.
If the government agency accepts your claim, it may send you a settlement offer. It is wise to wait to accept the initial offer until you’ve brought it to an attorney for review. A lawyer may be able to negotiate a higher value on your behalf.
If the settlement offered is unreasonable or your claim is wrongfully denied, a civil lawsuit may be in your best interest. A civil lawsuit is something a trial attorney in Texas can handle for you, representing you before a judge and jury to present a compelling case alongside relevant supporting evidence.
How Much Is a Catastrophic Injury Tort Claim Worth in Texas?
The amount of financial compensation you could receive for your catastrophic injuries in Texas depends on the circumstances. Factors such as the severity of the injuries matter when it comes to calculating settlement values, so a catastrophic injury will likely increase the value of your government claim.
You may be able to list damages such as:
- Past and future medical bills
- Future foreseeable care and treatments
- Lost wages
- Lost capacity to earn
- Disability costs and accommodations
- Property damage
- Pain and suffering
- Emotional distress
- Loss of consortium
- Permanent scarring or disfigurement
Catastrophic injury claims under the Texas Tort Claims Act are subject to damage caps, which limit the maximum compensation you can receive. The amount of compensation depends on the type of governmental entity involved. Understanding these limits is crucial when pursuing a claim.
| Type of Government Entity | Maximum Compensation | Notes |
|---|---|---|
| Local Government | $100,000 | Per claim |
| State Government | $250,000 per person | Up to $500,000 per accident/event |
| Municipal Government | $250,000 per person | Up to $500,000 per accident/event |
Contact a Catastrophic Injury Attorney in Texas for Assistance
If you were hurt because of a government employee’s negligence or unsafe government property in Texas, you shouldn’t have to pay the consequences. FVF Law Firm – Injury & Wrongful Death Lawyers has over 100 years of combined experience and has collected millions of dollars on behalf of deserving accident victims.
We know exactly how to go up against government entities and navigate the Texas Tort Claims Act for maximum recoveries. Contact us today to learn more about your case during a no-cost, no-pressure evaluation with our personal injury attorneys.
