Personal injury lawyers handle many kinds of cases when someone is injured or died in an accident caused by another party’s negligence or fault. Among the most common cases that personal injury lawyers deal with are vehicle accidents, medical malpractice, slip and falls, dog bites, and product and premise liability. Personal injury lawyers also handle wrongful death cases brought by surviving loved ones on behalf of the deceased person.
Personal injury cases are civil lawsuits where the injured party, or the plaintiff, seeks compensation from the party who injured them, or the defendant. Texan personal injury law can be complicated. Regardless of the type of case, if you or a loved one has been injured or someone has died, it might help to have a personal injury lawyer handle your case to:
- Investigate what happened
- Gather evidence and interview witnesses
- Negotiate with insurance companies
- File necessary paperwork in a timely manner
- Advocate for your rights
- Take your case to court if necessary
Personal Injury Lawyers Handle Multiple Kinds of Cases
Personal injury lawyers handle cases where individuals or their loved ones have been injured or died. Personal injury lawyers may try to get a settlement from insurance companies first. However, insurance companies are out for profit. They may try to reach out to you to accept a quick settlement for a lowball amount, which is why it is advised to get legal representation before accepting any offer. Your personal injury lawyer may have a better idea of what your case is worth and will negotiate with insurance companies and their lawyers for a fair settlement. If negotiations fail, your lawyer may take your case to trial.
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The kinds of cases personal injury lawyers handle most often include:
- Vehicle accidents: These crashes may involve passenger cars, trucks, motorcycles, pedestrians, and DWI offenses.
- Slip and fall: Injuries may occur on another party’s property due to unsafe conditions. Slip and fall claims may apply to construction, oilfield, and workplace accidents, or accidents at a business or home.
- Dog bites: For a negligence claim involving a dog bite injury, you must be able to prove that the dog owner failed to use ordinary care and that their failure caused your injuries.
- Wrongful death: This is a type of personal injury lawsuit brought by the surviving family members of the deceased person, who is no longer able to do so.
- Product liability: Manufacturers, distributors, and sellers of products are required to protect consumers, who use their products as intended, from being harmed. They must provide proper labeling, instructions, and warnings, or they could be held liable for injuries or deaths that result.
- Premise liability: Business owners and managers are supposed to ensure that their premises are kept in good repair to prevent injuries to others.
- Medical malpractice: Medical professionals must adhere to generally accepted standards of care to prevent harm to patients.
Damages You May Receive in Texas Personal Injury Cases
Your personal injury lawyer will seek compensation, also called damages, for the harm you received. Damages that you may receive in a personal injury case include economic damages, noneconomic damages, and punitive damages. Economic damages may be able to recover your financial costs and losses, such as:
- Medical and rehabilitative expenses
- Lost wages and future earning capacity
- Property damage
Noneconomic damages may be able to cover damages that do not have a specific monetary value. These damages may include:
- Pain and suffering
- Mental anguish
- Loss of consortium and enjoyment of life
Punitive damages are awarded when the defendant acted recklessly, maliciously, and egregiously. These awards are meant to punish a defendant and deter similar conduct in the future.
Texas does not usually place a cap or limit on the amount of damages that can be awarded in personal injury cases, except for cases involving medical malpractice.
Proving Negligence for Personal Injury in Texas
For your case, your personal injury lawyer must be able to prove that the defendant who harmed you was negligent, at fault, and liable for your accident and the injury you received as a result. This involves proving the four elements of negligence:
- Duty of care: The defendant owed you a duty of care not to cause harm.
- Breach of duty: The defendant breached or failed this duty.
- Causation: The breach led to your injury.
- Damages: You suffered damages as a result.
To prove negligence, your personal injury attorneys may:
- Investigate your case
- Identify liable parties
- Gather evidence, such as from surveillance or traffic cameras
- Interview witnesses
- Examine medical records and police reports
- Consult with experts who may reconstruct accidents and provide testimony
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Call a Texas Personal Injury Lawyer for Help
If you or a loved one was injured in Texas, call in the Strong Arm. At Loncar Lyon Jenkins, our personal injury lawyers handle all kinds of cases so that our clients can concentrate on their recovery.
Texas has a two-year statute of limitations for personal injury claims, according to the Texas Civil Practice and Remedies Code § 16.003. For medical malpractice claims, the statute of limitations is also two years, according to the Texas Civil Practice and Remedies Code § 74.251.
Call 800-777-7777 today for a free case evaluation. You do not have to pay an attorney’s fee unless we win a settlement for you.