The process of filing a premises liability claim is vastly different depending on whether your accident occurred on public or private property.
Filing a premises liability claim is never easy. However, when you have been injured due to a dangerous condition on a private person’s or company’s property, you can file a claim directly against them to recover damages. When you are hurt on public property, or property owned by the government, the case becomes much more complex. Below, our Texas personal injury lawyer explains the process, and the requirements you must meet.
Submitting a Notice of Claim
Under the Texas Tort Claims Act, you must provide a certain amount of notice to the government agency you are planning to sue after becoming hurt on public property. This law requires you to submit notice to the government agency of your intention to sue. You must provide this notice no later than six months from the date of your accident that resulted in injuries. It is important to note that this is only state law. Different municipalities and cities may have their own time limits for submitting a notice of claim.
The notice of claim you submit must also contain very specific information. This information includes:
- The injuries and other losses you sustained as a result of the accident
- The date of the accident
- The location of the accident
- The nature, or a brief description, of the accident
A Texas personal injury lawyer will have the necessary experience filing these claims to ensure you submit your notice of claim properly, and that it contains the information it should.
Time Limit on Government Claims
Unlike the laws in many other states, the amount of time you have to file your claim remains unchanged in Texas, regardless of whether you are filing against a private person or a public entity. All personal injury claims in Texas are governed by the statute of limitations, which sets the time limits for these cases. If you do not file your case within two years from the date of your accident, you will likely lose your right to claim any financial compensation at all.
Caps on Damages
When suing a government entity, there are caps on the amount of damages you can claim in Texas. These caps, or limits, are as follows:
- $250,000 for every person and $500,000 for every accident that results in bodily injury or death and $100,000 for property damage
- $100,000 for every person and $300,000 for every accident causing bodily injury or death and $100,000 for property damage if the claim is filed against a government entity or emergency service agency
Our Personal Injury Lawyer in Texas Can Help You Claim Full Damages
If you have been hurt while on public property, our Texas personal injury lawyer at the Law Office of Raul A. Guajardo can help you claim the full damages you deserve. Call us today at 956-318-3200 or connect with us online to schedule a free consultation and to learn more about how we can help.