Most people do not anticipate that they will have the need to talk to a personal injury attorney when they leave home in the morning. People might be more apt to consider this possibility if they considered the plethora of potential hazards confronted on a typical day, such as unsafe drivers, broken steps, unleashed dogs and faulty products. The multitude of hazardous obstacles and unsafe behavior that the average person confronts each day explains why tens of millions of people are seen in emergency rooms nationwide for personal injuries every year.
While not all of these injuries are the result of negligent, reckless or intentional conduct of another party, many serious injuries do result from the wrongful conduct of individuals, businesses and government entities. Texas Personal injury law establishes the legal framework for imposing civil liability for injuries and fatalities on individuals whose inattentive, careless or intentional acts cause injury to others.
Financial responsibility can be imposed if there is a viable legal theory for holding the defendant liable for the economic and non-economic damages suffered by an injury victim. Liability will typically be based on negligence, which in the most basic terms refers to the failure to exercise reasonable care to prevent foreseeable harm. While most personal injury claims are based on inadvertent accidents, intentional injuries, such other injuries caused by a physical attack or sexual assault also constitutes a basis for imposing liability on a wrongful actor. Just because an injury is the result of an inadvertent accident or negligence does not mean the person that caused the accident is not financially responsible for past and future medical treatment, lost wages, and pain and suffering. The final basis for holding a party financially responsible for injuries to another involves strict liability, which refers to specific situations when the law allows liability to be imposed without fault.
A personal injury claim in Texas also requires that the conduct at issue cause physical, emotional and/or financial injury to the victim. Whether you are injured by a negligent or drunk driver, a fall on a wet floor, or a defective product, you might be able to seek a variety of types of past and future damages, including medical costs, lost income, pain and suffering, diminished earning capacity, loss of companionship and support of a loved one, adverse impact on one’s lifestyle, and punitive damages.
The precise damages available in a personal injury claim will depend on the unique circumstances of your case, but an experienced Texas accident injury lawyer can evaluate your claim. An experienced personal injury attorney can identify all responsible parties, determine the appropriate basis for liability, and seek the full measure of damages.