Personal Injury
What is Personal Injury
Personal injury occurs when an individual is hurt due to another individual's mistake and/or negligence. Personal injury is most commonly known for auto and truck accidents, however, this area of law encompasses more than just automobile accidents.
What do you specialize in?
We specialize in automobile accidents, slip and falls, medical malpractice, oil field accidents, product liability, accidental drownings, wrongful death, and much more.
Personal Injury Types
If you have been injured in an accident in Texas, there are many ways that Texas law can impact your personal injury claim. These laws dictate the time you have to file a lawsuit against the party responsible for your injuries, the type of damages you may be eligible to claim and receive, and whether your claim is in fact a viable claim.
Types of Personal Injury Cases
When you hear personal injury, the first thing that comes to mind for most people is auto accident. However, this area of law includes a variety of different types of cases that give way to personal injury claims. Personal injury cases are usually based on accidents that are caused by a person's negligence, which is generally measured by a required conduct of care or how a reasonable prudent person would act under the circumstances.
Types of personal injury cases include:
- Car accidents
- Truck accidents
- Premise liability
- Product liability
- Medical Malpractice
- Dog bites
Negligence Principles in Texas
Most personal injury claims in Texas are based on the legal theory of negligence. This cause of action requires that the Plaintiff (the injured party) establish the elements of proof required under Texas law.
Negligence is an individual’s failure to act as an ordinary, reasonable person would in the same or similar circumstances. A plaintiff in a negligence case is required to prove the following elements:
1. Duty - The Defendant owed the victim a duty of care;
2. Breach - The Defendant breached this duty it owed to the Plaintiff;
3. Causation - The breach of that duty caused the victim an injury; and
4. Damages - The victim did suffer damages stemming from the injury.
Process of Filing a Personal Injury Lawsuit
A personal injury lawsuit in Texas begins at the time of an accident. This is when the statute of limitations or time limit starts to tick. It is often better for a person to consult with a personal injury lawyer as early in the process as possible so that he or she can provide targeted advice and representation from the onset of a case.
A personal injury lawyer will conduct an investigation into the accident, identify the potentially liable parties and consult with the accident victim to determine the possible legal grounds to recover compensation for the damages. During this investigative process, the personal injury lawyer may interview witnesses, gather medical records, review police reports and consult with experts.
The personal injury lawyer or accident victim will usually file a claim against the insurance company first, if applicable. Many personal injury claims are resolved successfully through this process. A personal injury lawyer can assess the potential value of the claim based on the specific circumstances of your claim and previous case results with similar fact patterns. The Texas Insurance Code requires insurers not to engage in bad faith practices when negotiating insurance claims. However, insurance adjusters represent the interests of their employers, the insurance companies, so they will try to deny or devalue as many claims as possible.
If a fair settlement is not successfully negotiated, a personal injury lawyer can pursue the formal process of participating in litigation, which includes the following steps:
Filing a complaint - The lawsuit begins when the personal injury victim files a complaint against the at-fault party in the appropriate court, naming the defendant.
Service of complaint - The complaint must be legally served on the defendant with a summons to appear for a court date.
Filing of pre-trial motions - The personal injury lawyer or lawyer representing the defendant may file motions before the official trial. These motions may ask the court to rule on the admissibility of certain evidence, to order the other party to provide certain information, to provide certain information, to grant a summary judgment or to dismiss the case, as applicable.
Trial - If the parties are unable to resolve the case before the trial date, the parties then participate in the trial process. If there is a jury, the first step will be the voir dire process in which the lawyers try to determine if any of the jurors would be biased and unable to render a fair verdict. Once the jury is selected, the trial begins. Each party provides an opening statement. Witnesses are examined and cross-examined. Evidence is presented. At the end of the trial, the judge or jury renders a verdict. If the case is ruled in the plaintiff's favor, the judge or jury calculates the damages, based on the specific circumstances surrounding the claim.
Enforcement of judgment - If the defendant or its insurance company does not provide the compensation awarded, the plaintiff and his or her legal team may have to take additional steps to actually receive the money that was ordered by the judge or jury.
Appeal - If one or both of the parties believe that the judge made important mistakes during the trial that impacted its outcome, they may appeal the decision to the next court level.
Type of Damages
Economic Damages
Economic damages are those damages that represent the financial losses that the accident victim has incurred that can be directly linked to economic factors. Economic damages include:
- Property damage;
- Medical and hospital expenses;
- Lost wages
These damages are typically relatively straightforward and may not be too difficult to prove. Another form of economic damages is loss of earning capacity. If an accident prevents you from returning to work or if you can only complete lower-paying work, you can possibly recover the difference between the amount of money you can make now and the amount you were expected to earn before the accident disabled you. An economic expert witness is usually necessary to establish this element of your damages claim.
Non-Economic Damages
Non-economic damages are those damages that are not connected directly to a certain economic loss and may be more difficult to prove. They compensation an accident victim for pain and suffering, mental anguish, scarring, disfigurement and inconvenience.
Punitive Damages
These damages are intended to punish a defendant and deter similar conduct in the future. These damages are only imposed in the most egregious of cases.
Statute of Limitations
The statute of limitations is the time limit that a person has to file a particular legal action. For most personal injury claims in Texas, the statute of limitations is two years. This time limitation applies to personal injury cases based on personal injury, damage to property, medical malpractice and wrongful death cases. However, there is a four-year statute of limitations based on cases alleged on grounds of fraud or for breaking a written or oral contract. For example, a product liability case may be based on a breach of a written warranty.
This time limit usually begins to start on the date of the accident. However, there are some situations in which the statute of limitations is tolled so that it is suspended for a certain period of time. For example, in some cases, the statute of limitations may not begin until after the victim actually discovered the injury or had reason to know the injury took place. This may sometimes occur in cases involving medical malpractice or a defective product, for example.
There are also special rules regarding the statute of limitations if the victim is a minor child. Typically, these cases are tolled until the child turns 18, and then the time limit clock starts to tick. In these situations, the child has until his or her 20th birthday in most situations to file a personal injury lawsuit. This exception only applies to claims that legally belong to the child. Any damages that the parents can receive compensation for must be filed as part of a lawsuit within the general statute of limitations.
Do You Think You Have a Viable Personal Injury Claim?
If you were injured because of the negligent acts of another, it is important to contact an experienced personal injury lawyer for assistance. A personal injury lawyer can discuss the specific circumstances surrounding your claim and whether you have a viable claim. He or she can also help you explore your legal options for recovery.