Personal injury law, also called tort law, is a type of legal concentration dealing with the pursuit of compensation following a damage-causing accident. In general, these cases involve accidents in which one or more parties are responsible, in contrast to accidents caused by natural events. That means that any accident in which one party caused harm to another can be called a personal injury.
Below you can find more information about what counts as a personal injury and how to tell whether or not you have a personal injury case.
Of course, you know what an injury is, but how does that differ from a personal injury? Most of the time when we talk about injuries, we mean bodily injuries: injuries sustained by our physical selves. However personal injury includes a much broader range of damages. Personal injuries include not only injuries to your body but also the pain and suffering caused by those injuries and damage to your personal property caused by the inciting accident.
With that in mind, it makes sense that financial relief for personal injuries includes not just compensation for medical bills, but also property damage and things like post-traumatic stress disorder and emotional distress.
As we explained above, a personal injury case may involve any sort of accident in which a person or entity can be held at least partially responsible. However, most personal injuries will fall into one of the categories below:
If you’ve been involved in a car accident or other type of harmful accident, you could be facing considerable expenses. Determining whether or not you have a personal injury claim can be essential to your recovery. If you can prove the following statements are true for you, you may have a strong personal injury case:
Notice that you do not have to prove that the at-fault party willfully or knowingly caused your harm. This is what’s known as strict liability, and it allows you to make claims for cases involving unknowing negligence. Proving each part of this argument will require evidence and argumentation. An experienced personal injury attorney can help you make a strong claim for compensation.
A duty of care is a legal responsibility to prevent harm, and it might apply to more people than you’d expect. For example, drivers on the road have a duty of care to drive safely and do what they reasonably can to prevent accidents. Parties that might owe you a duty of care include:
While proving liability for some types of accidents might be simple, most cases are more complex. Failing to get help from a personal injury lawyer could put your case at risk.
In many cases, the first place you’ll turn to for compensation after an accident is an insurance company. Drivers are required to carry a certain level of insurance, as are store owners, landlords, and more. If you’ve been injured due to someone else’s actions or negligence, you should reach out to an attorney to determine your best course of action. However, there are some factors that make a personal injury lawsuit more likely:
If you’re unsure whether or not you should make an insurance claim for your injury, you should talk to a personal injury attorney as soon as possible. Cases involving fraudulent behavior may be especially high stakes as you may be owed punitive damages.
In every state, there is a limit on how long you have to file a lawsuit after an accident. In Texas, the statute of limitations on personal injury cases is two years. That means you’ll have two years from the point of your accident to take legal action. However, if the injured party was a minor at the time of the accident, you may have until their 20th birthday to file a personal injury lawsuit on their behalf.
Personal injury law is meant to be able to cover all types of harm that may be caused by an accident. While not every injured person will be eligible for full compensation, compensation may be available for all or some of the following types of damages:
While seeking compensation for economic losses, those with a calculable cost may be relatively simple, fighting for non-economic damages is more difficult. If you feel you’re owed compensation for pain and suffering, you should seek legal representation.
If you’ve been injured due to actions or negligence of someone else, you may be facing a difficult road to recovery. Thankfully, you don’t have to go it alone. A personal injury attorney can guide you every step of the way to ensure you get whatever compensation you deserve.
If you have any more questions about personal injury law, we’ve got your back. Give us a call to schedule your FREE consultation with a qualified personal injury lawyer.
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