Personal injury law, also knowns as tort law, is state specific, and it allows victims of accidents to receive compensation when someone else’s wrongful actions caused the accident. Personal injury covers a wide range of accidents, such as car accidents, slip and fall cases (referred to as premise liability cases), defective product cases (referred to as products liability cases), and injuries on the jobsite. If you or someone you know has been injured in an accident, you need to understand your rights so you can make the best decision for your case.
Common Types of Personal Injury Claims
- Car Accidents: Car accidents are among the most common types of personal injury cases. Whether they are caused by speeding, reckless driving, drunk driving, or distracted driving, these accidents can have serious consequences.
- Truck Accidents: Like car accidents, truck accidents are just another type of motor vehicle accident, but due to the large size and weight of the vehicles involved, these accidents often come with severe injuries. When pursuing a claim with these cases, you need to consider the driver, the trucking company, and the manufacturer all as potential parties. These cases are more complex than just standard car accident cases.
- Slip and Fall Accidents: Slip and fall accidents occur when there is a dangerous condition or activity on one’s property that causes injuries to someone else.
- Medical Malpractice: Medical malpractice cases occur when healthcare providers take actions that fall below the acceptable standard of care, and it results in injuries to the patient. Due to the complex nature of healthcare issues and practices, these cases can be complex.
- Product Liability: Product liability cases occur when a defective or dangerous product causes injury to someone using it. When pursuing a claim with these cases, the manufacturer or distributor may be held liable and proving that a product was in fact defective can be a difficult process.
- Workplace Accidents: Many workplace accidents are covered under workers’ compensation, but for those that aren’t, the victims may be able to pursue a personal injury claim.
- Dog Bites: In Texas, owners of dogs may be liable if the dog attacks someone, especially if they knew of that dog’s aggressive behaviors.
Elements of a Personal Injury Case
To be successful in a personal injury case, the person filing the lawsuit, the plaintiff, must prove four things:
- Duty of Care: The defendant had a legal responsibility to act in a certain way in order to avoid harm to others.
- Breach of Duty: The defendant failed to live up to that responsibility.
- Causation: The defendant’s failure to live up to that responsibility is what caused the plaintiff’s injuries.
- Damages: The plaintiff suffered damages as a result of that incident.
The Personal Injury Process
1. Initial Consultation
You meet with a personal injury lawyer to discuss what happened and your situation. We offer a free consultation and we work on a contingency fee, meaning you don’t owe us anything unless we win your case.
2. Investigation
We will gather evidence for your case, such as accident reports, photos, videos, witness statements, and medical records. If your case is one of the more complex ones, we will consult and work with expert witnesses in order to prove up your case.
3. Filing a Claim
We will file a claim with the at-fault party’s insurance company and send them a demand letter to initiate the negotiation process.
4. Negotiation
We will negotiate with the insurance company to secure you a fair settlement. If a fair settlement can’t be reached, we will file a lawsuit on your behalf.
5. Litigation
The litigation process is extensive and it includes discovery (the exchanging of evidence), depositions, motions, and potentially a full trial.
6. Resolution
Your case may be resolved through settlement or a trial verdict. In the event you receive a settlement, the lawyer will disburse the funds, pay any liens (medical bills), and ensure you receive your portion.
How Compensation Is Calculated
Compensation for personal injury cases can include:
- Medical Expenses: Past and future medical expenses.
- Lost Wages: Income lost due to time off work.
- Loss of Earning Capacity: Income lost due to not being able to work in the same manner as you used to.
- Pain and Suffering: Physical and emotional distress.
- Property Damage: Costs to repair or replace damaged property.
- Punitive Damages: In rare cases where the at-fault party’s conduct was especially bad, the court may award punitive damages to punish the other party.
Time Limit
In Texas, victims of accidents have 2 years from the date of the accident to file a personal injury lawsuit. If they miss that deadline, they may lose their right to compensation.
Contact a Wichita Falls and Dallas Car Accident Lawyer
If a loved one has been killed in a car accident in Wichita Falls or Dallas, contact our car accident and wrongful death lawyer either by calling one of the numbers listed below or filling out our contact form. For Wichita Falls claims, contact us at 940-569-4000. For Dallas claims, contact us 945-295-0014. We will give you a free evaluation of your case and offer you helpful information on how to proceed.