Personal injury

Personal Injury Claims

Any kind of personal injury claim is usually based on an accident that someone else’s negligence caused. There are many ways that personal injury claims can arise. Some of the main cases we have seen during our 20 years of experience include:

• Automobile Accidents
• Motorcycle Accidents
• Trucking Accidents
• Construction Accidents
• Dog Bites
• Premises Liability
• Railroad Accidents

Despite all falling into personal injury claims, the location and the way that you are injured will affect which of these categories your case falls into. 

Negligence Principle

In order to receive compensation for damages in a personal injury case, the plaintiff must prove that they were a victim of negligence. What does this mean? Well, in Texas there are a variety of laws that tie people’s relationships. Some legal duty relationships are more legally binding (such as a drug manufacturer’s duty to list side effects and warnings), while others fall under a general “duty of care.” For example, a driver is expected to have a “duty of care” for their fellow drivers. If that driver then neglects their “duty of care” by running a red light and causing an accident, they are considered negligent. 

In order to receive compensation for damages in a personal injury case, the plaintiff is expected to prove that there was a legal duty present, that the defendant breached that legal duty, and finally, that their injuries were a direct cause of the defendant’s breach of duty. If these things can be clearly proven, then damages may be awarded.

Personal Injury Damages

There is a wide range of damages that can be claimed by a personal injury victim. These can include economic damages, non-economic damages, and punitive damages. 

Economics Damages: These are damages that can be quantified in terms of money. These financial losses are ones that the victim has to deal with. This can include:

• Medical and Hospital Expenses
• Lost Wages due to an inability to work
• Property damage
• Loss of Earning Capacity

Non-Economic Damages: These are damages that cannot be quantified in terms of money. They are not directly related to a financial loss, making them more difficult to prove. This can include: 

• Pain and Suffering
• Mental Trauma
• Scarring
• Disfigurement
• Wrongful Death

Punitive Damages: These damages are taken from the defendant and are meant to dissuade them from committing the same negligent acts in the future.

Personal Injury Statute of Limitations

After you have suffered from a crime, there is a time limit for when you can file a lawsuit. This time limit is called the statute of limitations. In the state of Texas, the statute of limitations for personal injury cases is two years from the date that you were injured. This means that if you don’t file a lawsuit within two years of being injured, you will be unable to file a lawsuit and you can lose out on the compensation you deserve. 

However, in some cases, the statute of limitations is pushed back. These cases include those where the injury was not discovered until later on and those where the victim is a minor. In those instances, the date to file a lawsuit can change. That is why it’s important to work with an experienced personal injury lawyer. 

Texas’ Modified Comparative Negligence

The state of Texas follows a modified comparative negligence rule. This means that in some cases you may be considered partially at fault for the accident. In some personal injury cases, the person or business you filing a suit against will try to place the blame on you. Typically, the court will review your case and decide if they believe you are partially to blame for the accident-causing injury. 

If you are considered partially to blame, then the court will assign you an at-fault percentage. This percentage will affect how much compensation you are entitled to receive. If you are found over 50% responsible for the incident, you will not receive any compensation. However, if you are considered 25% at fault, you can receive 75% of the total amount of the damages. Put more simply, if the total damages amount to $100,000, you will receive compensation in the amount of $75,000 because you are 25% responsible for the accident. 

Personal Injury Attorneys at Paxton Law Firm

As you can see, navigating a personal injury claim can be very complex. Thankfully, with over 20 years of personal injury experience, the attorneys at Paxton Law Firm are here to help. Have you been injured because of someone’s negligence? We have successfully won compensation for past medical bills, lost wages, future medical bills, disfigurement, impairment, and pain, and suffering. Call us at (281) 978-2244, or visit our website for a free consultation. Get the compensation you deserve by letting the attorneys at Paxton Law Firm fight for you.