Questions

In Texas, there are indeed regulations that govern the timing of settlement payments by insurance companies once liability has been accepted. However, it's important to note that while the insurer may be required to send the settlement check promptly, the actual receipt of your portion of the settlement may take additional time due to various factors.  It's essential to communicate with your attorney and stay informed about the progress of your settlement payment. Your attorney can provide guidance on the timing and process for receiving your settlement funds and help ensure that any necessary steps are taken to expedite the payment process.

Texas has certain limitations or caps on damages in personal injury claims, particularly in medical malpractice cases and cases against governmental entities.   On medical malpractice cases, Texas imposes a cap on non-economic damages (such as pain and suffering, mental anguish, and loss of consortium).  In cases involving claims against governmental entities in Texas, there are specific limitations on damages, including caps on both economic and non-economic damages.   Laws and regulations regarding personal injury claims can change over time due to legislative updates or court decisions, so it's essential to stay informed about the most current laws and precedents that may affect your claim.

If you have a pre-existing condition and you're pursuing a personal injury claim in Texas, it can potentially affect your case.  However, it doesn't necessarily mean you won't be able to recover damages.  Ultimately, the outcome of your personal injury claim will depend on the specific facts and circumstances of your case, including the nature of your pre-existing condition, how it relates to your current injuries, and the strength of the evidence supporting your claim.

In Texas, the comparative negligence rule governs how damages are allocated in personal injury cases, including auto accidents.  Texas follows a modified comparative negligence system, sometimes referred to as the "51% rule." Under this rule, each party involved in an accident is assigned a percentage of fault for the incident.  In addition, if you're filing a personal injury claim in Texas, your ability to recover damages is contingent upon your percentage of fault compared to the other parties involved. If you are found to be 51% or more at fault for the accident, you may be barred from recovering any damages from the other parties.