What is a Personal Injury Claim?

Personal injury is an area of law where the plaintiff was hurt by an act of careless or recklessness by another person. The injury doesn’t have to be purely physical. You can also file a personal injury claim for emotional damages such as pain and suffering or loss of consortium. The plaintiff files a claim against the respondent asking for compensation to cover their damages such as medical bills or therapy.

Both personal injury and criminal court cases seek to “punish” the person who hurt you. However, in a criminal case the offender faces statutory penalties including prison time. A personal injury claim instead penalizes the respondent by demanding a monetary settlement.

You can also file a personal injury claim against your insurance. In some cases, insurance companies will dispute and deny claims because of various reasons. You can choose to file a personal injury claim with your attorney and contest your insurance company’s decision.

Types of Personal Injury

A personal injury claim can consist of a variety of circumstances and situations. However, in a personal injury case, one must always prove liability to receive any sort of settlement or compensation. In Texas, personal injury claims can arise from various types of liability. Here are the key types:

1. Negligence

Definition: Negligence is the most common basis for personal injury claims. It occurs when someone fails to exercise reasonable care, resulting in harm to another person.

Example: A driver running a red light and causing an accident.

2. Premises Liability

Definition: This type of liability arises when someone is injured on another person’s property due to unsafe or hazardous conditions.

Example: A customer slipping and falling in a store because of a wet floor that wasn’t properly marked.

3. Product Liability

Definition: Product liability claims involve injuries caused by defective or dangerous products. The manufacturer, distributor, or retailer can be held liable.

Example: A defective airbag that fails to deploy during an accident, resulting in injury.

4. Strict Liability

Definition: Under strict liability, a person or entity can be held liable for injuries caused by their actions or products, regardless of intent or negligence.

Example: Injuries caused by owning a dangerous animal, such as a dog with a history of biting.

5. Intentional Torts

Definition: This type of liability occurs when someone intentionally causes harm to another person.

Example: Assault, battery, or false imprisonment.

6. Vicarious Liability

Definition: Vicarious liability holds one person or entity responsible for the actions of another, such as an employer being held liable for the negligent actions of an employee while on the job.

Example: A delivery driver causing an accident while making deliveries for their employer.

7. Comparative Fault

Definition: Texas follows a modified comparative fault rule, meaning that if the injured party is partially at fault for their own injuries, their compensation can be reduced proportionately. However, if they are found to be more than 50% at fault, they cannot recover damages.

Example: A pedestrian being hit by a car but partially at fault because they were jaywalking.

Types of Liability Summary

These types of liability form the basis of most personal injury claims in Texas, and understanding them is essential for navigating the legal process.

How Can I File a Personal Injury Claim in Texas?

Your first step is to receive the medical attention and care needed for your injuries. It’s highly recommended you document the accident, your injuries, and possible eye-witness statements if possible. After you’ve received medical attention, you can notify your insurance company.

It’s imperative you don’t agree to any settlements or give too much information before hiring legal representation. All your statements over the phone can be used against you if the matter reaches a courtroom. This includes statements used at the scene of the accident, on the police report or at the person who injured you.

After you have legal representation, you can draft a demand letter to the respondent or a claim for your insurance company. The claim should explain the extent of your injuries and outline your request for compensation. It will also contain evidence as to why the respondent is considerable liable for your injuries.

The respondent can either accept, ignore or reject your request. If they ignore or reject it, then you can file a claim. The other person is legally obligated to respond to your claim and if they don’t they could face additional consequences and the judge may even put the case in your favor.

However, most respondents contest personal injury claims so the issue could go to court. It’s worth mentioning though that the majority of personal injury claims are settled outside of court through negotiations. That is why it’s recommended you hire an experienced personal injury attorney. They can draft a claim for you and negotiate the issue in or out of court.

How Long Do I Have to File a Personal Injury Claim in Texas?

Texas law provides for a certain period of time to file a personal injury lawsuit after the date of injury. This is called a statute of limitations. If a personal injury claim Is not filed before the expiration date, then the claim is barred and the victim will not recover.

In Texas, the injured party, or the plaintiff, has up to two years from the time of the accident or discovery of the injury to file a personal injury claim. If a personal injury lawsuit is filed after this two-year period of time, a court will likely dismiss the case and the plaintiff will not recover by operation of the running of the statute of limitations.

Additional Resources

Trauma Survivor Network – Visit the official website for the American Trauma Society (ATS), which hosts the Trauma Survivor Network. Access their site to learn survivor stories, profiles of other survivors, and support networks for people traumatized from an accident.

Texas Rules of Civil Procedure – Visit the official website for the Texas Judicial Branch to learn more about their rules for civil procedure. Access the site to learn how a civil case is run, how value is determined in a settlement and what happens if the respondent refuses to answer.

Texas Insurance Lawyer for Personal Injury Claims

If you’re suffering because of another person’s recklessness or carelessness, it’s time you fight back. Contact LeMaster Law Firm to receive the compensation you deserve. Our experienced attorneys can utilize our knowledge to build a strong case for you. We are skilled at drafting and filing claims, negotiating with adjusters, and, if necessary, filing lawsuits and litigating your case through trial.

Call us now at 832-356-7983 to set up a free consultation. LeMaster Law Firm accepts clients throughout the state of Texas including Harris County, Montgomery County, Galveston County, and Webb County.