A personal injury is one where one party, a plaintiff, suffers an injury due to the actions or negligence of another party, a defendant. For this reason, car accidents are considered a “personal injury.”
Personal injury is a civil claim, and an injured party can recover compensation through a civil action. This action may be a claim filed with the other party’s insurance company, or a lawsuit if the insurer refuses to help.
Why Car Accidents Lead To Personal Injury Claims
If your vehicle is damaged, you can file a claim for your insurance company to repair the vehicle. Most insurance companies have departments to fast-track repair claims.
But if your accident involves injuries to yourself and others in your vehicle, the claim is more complex. When the aftermath accident includes physical injuries, it changes to a “personal injury” claim.
Personal Injury Claim Elements
Four elements comprise a Texas personal injury case and establish negligence:
- The defendant has a duty of care to exercise reasonable care
- The defendant failed to exercise reasonable care
- The defendant’s negligence to the duty of care was a direct cause of the plaintiff’s injuries
- The plaintiff suffered losses (damages) because of the defendant’s actions
The duty of care is for the defendant to drive cautiously and avoid an accident. These elements apply to all personal injury cases, including car accidents.
Even if your injuries were minor, the post-accident medical attention you received costs money. If your injuries were more serious, the expenses would be much higher. Chances are you missed at least a day of work handling the accident and recuperating from your injuries. Some types of injuries may require rehab or other long-term medical care for your recovery. Others, like spinal injuries, will require a lifetime of medical treatment and other expenses.
The days when you were away from your job also cause you to lose money, especially if you don’t have paid time off. How would a permanent disability financially impact you and your family?
Most insurance companies do not want to pay you anything. They work to deny your claim and give you a low settlement quickly. Your claim ends when you accept their settlement. You won’t have enough money to pay your accident expenses and make up for lost income. The next step would be to work with a Houston personal injury lawyer to file a lawsuit to recover your losses from the other party and their insurer.
Car Accident Lawyer in Texas – Paxton Law
At Paxton Law here in Houston, we know the dangers that motorists can encounter in the largest city in Texas. If you have a case, we will review your case and advise you of a possible compensation claim. These three common types of car accidents are not always avoidable as most of us realize. If you are injured, you may be entitled to compensation. Whether it is a rear-end bump, intersection collision, or parking lot crash, you may end up with unexpected and unwanted injuries, medical bills, and long-term disabilities. You may lose wages because you miss work due to hospitalization and recovery. Please talk with Attorney Paxton or before talking with insurance representatives or accepting any settlements.
At the Paxton Law Firm, we believe in taking on your legal battles and turning a negative situation into your best possible outcome. We offer free consultations, and you do not pay our fees until we recover for you.