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A personal injury attorney will represent a plaintiff in a case. For personal injury cases, the plaintiff suffered some kind of harm, and a lawyer can help hold a particular party or defendant responsible for causing that harm, whether it was intentional or negligent.
Often, lawyers practice in more than one area of the law. For this reason, it is important that you identify a law firm that specializes in personal injury law – that is, the lawyers at the firm focus solely on personal injury law.
Personal injury lawyers specialize in helping their clients who have been hurt through the negligence of others. While personal injury law has many components to it, a lawyer that focuses solely on personal injury law is more likely to be very experienced in comparison to a lawyer that focuses on various areas of law at the same time.
What is considered Personal Injury and why you may need an attorney
Accidents
Accidents include slips and falls, vehicle crashes, and other incidents that could have been avoided. The key in accidental personal injury cases is negligence, which means that one party acted in a careless or reckless way that directly resulted in someone’s personal injury.
Intentional Acts
Personal injury also covers intentional acts, or situations where a defendant purposefully caused harm to a plaintiff. Examples include sexual assault, assault and battery, and any other act that was carried out to injure or harm another person.
Defective Products
Product liability is a type of personal injury law. This occurs when a product is defective by design and causes harm to a person. Some dangerous drug cases fall into this category, as well as claims that involve medical devices and other products that ended up causing harm.
Defamation
Personal injury isn’t always physical harm to someone’s body or health. It also includes harm to their reputation, which is called defamation. Defamation includes slander or libel cases, which covers published information that’s false and causes harm.
Types Of Personal Injury Lawsuits
Personal injury cases represent plaintiffs who have been harmed by either negligent or intentional acts. This covers a wide range of issues, from social media defamation to wrongful death claims.
At Florin|Roebig, some examples of personal injury claims we see in Texas include:
- assault and battery
- sexual assault and battery
- car accidents
- bicycle accidents
- truck accidents
- rideshare accidents
- motorcycle accidents
- dog bite
- inadequate security
- libel and slander
- slip-and-fall accidents
- swimming pool accidents
We also try cases under personal injury law that may include wrongful death claims, medical malpractice, dangerous drug lawsuits, product liability cases, and more. Contact a lawyer to learn more about filing a personal injury lawsuit.
Personal Injury Law In Texas
In Texas, personal injury law is established and governed within the Civil Practice and Remedies Code. Under Texas personal injury law, this section of legal code defines statutes of limitations, damages, liability, negligence, duties of care, and more.
Two important aspects of Texas personal injury law include negligence and statute of limitations.
Texas Negligence Laws
In Texas, as with many other states, negligence is the legal basis for personal injury lawsuits. However, Texas employs a principle called comparative negligence to determine negligence in civil cases.
Comparative negligence, which is also defined as “proportionate responsibility,” means that if the plaintiff was partially responsible or at fault for the injury, then their awarded damages may be reduced. This is also referred to as Texas’ “shared-fault rule.”
Texas also follows the 51-percent bar rule. This means that if it’s proven that you share 51 percent or more of the fault in your injury, then you cannot collect any damages whatsoever. However, state laws are always subject to change. Contact a lawyer in Texas to learn more about local negligence laws.
Texas Civil Statute Of Limitations
Statute of limitations refers to the time limit people have for filing a personal injury lawsuit or any other kind of civil claim. How long you have to file a personal injury claim in Texas depends on the specific details of your case.
Although the Texas Civil Practices and Remedies Code defines a general statute of limitations rule for personal injury claims, it gets complicated in practice. To avoid losing out on a case because you waited too long, it’s crucial to contact a personal injury lawyer to assess your claim.
Here are some examples of statutes of limitations in Texas as defined in the Texas Civil Practices and Remedies Code:
- general personal injury: 2 years
- libel or slander: 1 year
- product liability: 2 years or 15 years (depending on the case)
- assault and battery: 2 years
- wrongful death: 2 years
- medical malpractice: 2 years
Proving The Elements Of Personal Injury In Texas
One of the most important aspects of any personal injury case is establishing negligence. A lawyer will try to prove the defendant acted without reasonable care.
To assess whether a defendant was negligent or reckless, a lawyer must prove four elements:
- There was a legal duty the defendant owed the plaintiff
- The defendant breached that legal duty
- The plaintiff was injured
- The plaintiff was injured as a result of the defendant’s breach of duty
Proving Legal Duty
In Texas, there are two ways your lawyer can prove the defendant had a legal duty towards the plaintiff: duty of care and special duty. To consider which option is best for your case, your lawyer will examine the relationship between the defendant and the plaintiff, as well as the circumstances of your personal injury case.
Proving Breach Of Legal Duty
Once a lawyer has established legal duty in a case, they’ll need to show that the defendant failed to meet that legal duty.
For example, a doctor has a legal duty to provide medical care that aligns with the reasonable care given by other healthcare professionals. If the care the plaintiff receives wasn’t up to that standard of care, then there is likely a breach of duty. A lawyer may use a variety of legal techniques and strategies to prove this element.
Proving The Plaintiff’s Injuries
To prove negligence in a personal injury case, your lawyer must show the plaintiff suffered bodily or emotional harm. Bodily harm can be proven by using medical records or other documentation of a person’s injuries. Proving emotional harm can be more complex, but a skilled lawyer will consider the emotional toll the injury had on a plaintiff.
Proving The Breach Of Duty Caused The Injury
Your lawyer in Texas is likely able to prove this one of two ways. The first is called cause-in-fact, which suggests the actions of the defendant directly resulted in the injuries of the plaintiff.
A car driver who runs a red light and strikes a pedestrian, for example, is a clear-cut cause-in-fact case. If the driver stopped at the red light, then the plaintiff would not have suffered injuries.
The other option is called proximate cause. Proximate cause refers to whether the defendant could have foreseen, or anticipated, the plaintiff’s injuries. For example, a drunk driver who hit a pedestrian could have predicted that driving while intoxicated could result in an accident.
Texas Personal Injury Lawsuit Damages
Personal injury lawsuit damages in Texas could fall into three categories:
- economic damages
- non-economic damages
- punitive damages
Economic Damages In Texas
For personal injury cases, economic damages tend to include lost wages (as a result of injury) and medical expenses. The goal of rewarding economic damages is to help the plaintiff recover financial expenses that resulted from their injury.
Economic damages can include reimbursement for:
- treatment in an Emergency Department
- ambulance fees
- doctor appointments
- hospital stays
- medication expenses
- surgery
- rehab or physical therapy
- lost wages from being unable to work
- other medical expenses or lost income
Non-Economic Damages In Texas
Non-economic damages seek to make the plaintiff whole again after suffering loss, injury, or harm. Non-economic damages can be more difficult to prove than economic damages because there may be little documentation available to determine valuation or monetary cost.
Examples of non-economic damages in personal injury cases include:
- overall pain and suffering
- loss of enjoyment in life
- mental or emotional distress
- loss of consortium (the injured person cannot reasonably care for their family due to their injuries; a common damage award in wrongful death claims)
Punitive Damages In Texas
Unlike economic and non-economic damages, punitive damages directly punish the defendant for their negligence in the case. Punitive damages can only be awarded after economic or non-economic damages are established.
To receive punitive damages, your lawyer must also prove that the defendant acted with blatant negligence. Punitive damages may apply in drunk driving cases, dangerous drug lawsuits, and other cases where the defendant’s negligence is obvious.
Below are reasons why you may need a Personal Injury Lawyer
Your recovery is our #1 priority
If you need a personal injury lawyer, it’s likely because you’ve been injured. You will likely be dealing with doctor’s visits and therapy treatments to help return to your previous self. Because of this, you will likely be too busy to handle the legal side of things. Further, settling a claim can be a time-consuming process.
Personal injury lawyers work tirelessly to ensure that accident victims are financially compensated, and more importantly, that recovery occurs as smoothly and quickly as possible.
Hiring a personal injury lawyer will allow you to access their vast network of connections to treatment centres and health practitioners to help speed up the recovery process. While you’re recovering, your personal injury lawyer will investigate, advocate, and litigate to ensure that you are made whole again.
Insurance is complex and confusing
Although insurance is something that almost everyone has, not everyone understands it. Insurance can be confusing for even experienced lawyers. Hiring a personal injury lawyer will ensure that you receive a high-level of guidance through the insurance claim process. Further, insurance companies are a multi-million-dollar business that will often try to settle a claim for less than it is worth. It is important to have an experienced personal injury lawyer advocating for your rights and guaranteeing your access to insurance coverage.
Familiarity with the court system and tribunals
If you’ve ever been in a courtroom, you probably know that courtroom proceedings can be confusing and formal. Luckily, if you hire an experienced personal injury lawyer, they will manage the entire litigation process for you. If, for some reason, you are required to appear in court as a witness, your personal injury lawyer will make sure you are well-prepared for your appearance.
