What is a Personal Injury Case?

If you have an injury that was caused by another person or party, you may have grounds for a personal injury case. Even if the person or party at fault did not directly cause your injury but is responsible in some way, you may be entitled to compensation.

Personal injury lawsuits are common and filed every day in courts throughout the country. This article will help you learn more about what a personal injury case is, the laws pertaining to these types of cases, and whether you may be eligible to file a suit.

What Does the Law Say about Personal Injury Cases?

Most personal injury cases are brought due to some kind of negligence, or carelessness by the party at fault. For example, a person who is bit by an unleashed dog who made it onto their property may have cause for a case against the dog’s owner.

Strict (or absolute) liability, a term applicable to both civil and criminal law, holds a defendant in a lawsuit responsible regardless of the person’s intent or mental state. In the civil courts, where personal injury cases are tried, this legal term has most commonly been associated with defective products that harm consumers. These products typically get recalled after legal action is pursued.

Personal injury lawsuits can also arise from intentional wrongs, such as assault, trespassing, or intentional infliction of emotional distress.

What is a tort?

To understand the laws surrounding these cases, it is helpful to know what a tort is. You may have heard the term “tort law.” Strictly speaking, a tort is a legal offense defined by law. It includes an act (or omission of an act) that causes injury to another. The injured party has a legal right to file a claim for damages in civil court against the responsible party. While this won’t undo the injury or damage caused, it can relieve the injured person of some of the burden. Tort laws vary by state.

Torts vs. crimes

Tort laws are different from criminal laws. The main goal of criminal law is to enforce justice and protect the public, whereas tort laws are intended to compensate people for injuries from non-criminal incidents, such as car accidents or slip and falls. Criminal cases are brought by government prosecutors, and tort cases are brought by the injured individual.

What Types of Cases are Brought in Personal Injury Lawsuits?

There are many situations in which a personal injury case may be justified — and not all of them involve physical injuries. Situations that can result in physical personal injury claims include:

• Construction accidents
• Car injuries
• Workplace injuries
• Accidental falls
• Exposure to toxins such as asbestos
• Medical malpractice

Non-bodily Harm Damages in a Personal Injury Case:

Examples of personal injury claims filed as a result of non-bodily harm:

• Defamation or loss of reputation
• Invasion of privacy
• False imprisonment
• Trespassing

What Types of Compensation Can I Get with a Personal Injury Lawsuit?

If you have been injured by someone and decide to file a personal injury lawsuit, there are several areas in which you could be compensated for damages. In Texas, the law breaks damages down into two categories: economic and non-economic. Examples of economic damages include medical bills, rehabilitation, lost wages, loss of future earning ability, and property damages, all of which can easily be documented. Non-economic damages may include pain and suffering, mental distress, reduced quality of life, or loss of companionship. You may be awarded for one or more of these losses.

In addition, in some civil cases, punitive damages may be awarded if the defendant is found to be grossly negligent. Also known as exemplary damages in Texas, they are designed as a deterrent against reckless or outlandish behavior.

How Much Can I be Awarded in a Personal Injury Case?

The damages awarded will depend on your circumstances. Medical bills, pay stubs, tax returns, and other documentation will help the court decide on economic damages. Non-economic damages are not so cut-and-dry. Often, a multiplier will be assigned depending on the severity of your case. For instance, if you have a severity of 2 on a scale of 1 to 5, and your economic damages are $50,000, then your non-economic damages are $100,000. Your lawyer can help you argue for a multiplier that fairly reflects your situation.

Are there Caps on Personal Injury Awards?

In all states, there are legal limits, or caps, on the monetary amount you can receive. And in Texas, if you are partially at fault your award will be reduced accordingly (and if you are 51 percent or more at fault, you cannot receive damages). Check with your lawyer on the caps you may be facing in your case. Damages are capped for medical malpractice and punitive awards.

What Steps do I Need to Take to File a Personal Injury Lawsuit?

If you have determined that your injury merits a personal injury lawsuit, you should take the following steps:

1. Contact a lawyer. Most reputable lawyers in Texas will offer a free consultation. Your lawyer will advise you on whether your case is worth pursuing. Keep in mind that there is a statute of limitations of two years from the date of injury for filing your lawsuit in Texas.
2. With your lawyer’s help, gather pertinent evidence and documents that show medical costs, repairs to damaged property, pay stubs, and other items you will need to prove your case.
3. Your lawyer will send a formal demand letter outlining your case to the at-fault party and wait for a response.
4. With the help of a mediator, if necessary, your lawyer will negotiate a settlement that is satisfactory to you and the responsible party.
5. If no settlement can be reached, your lawyer will prepare your court case.

Rest assured that if you have been injured and are experiencing a loss of income, pain and suffering, emotional distress, or lower quality of life, the law is on your side. We can help you through the often-complicated process of filing a personal injury lawsuit while you focus on getting better. Our lawyers at Justinian & Associates PLLC specialize in all types of personal injury cases and are here to help. We work on a contingency basis, meaning we don’t collect until you do. Give our office a call, and we can start working on getting you the compensation you deserve.

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