Injury claims seek compensation for harm or injury that’s been suffered due to the negligence or fault of another party. Personal injury claims can follow from a variety of circumstances, including a car accident, medical malpractice, a slip and fall accident, and more.
In order to determine whether you have a valid injury case, it is essential to understand the elements of a personal injury claim, talk to lawyers with robust experience, and consider the steps involved in the personal injury lawsuit process.
Elements of a Personal Injury Claim
A personal injury claim involves key elements that must be proven in order to recover compensation. These elements are:
Duty of Care
The responsible party had a duty to act in a certain way towards the injured party. For example, a doctor has a duty to provide adequate medical care to a patient, and a driver has a duty to follow traffic laws.
Breach of Duty of Care
The responsible party breached their duty of care towards the injured party, such as by violating traffic laws or failing to provide adequate medical treatment.
The breach of duty of care directly caused harm or injury to the injured party that otherwise wouldn’t have happened.
If these elements can be proven, the injured party may be able to recover compensation for the harm or injury they have endured in an accident.
Determining the Value of Your Claim
In order to determine the value of your claim, you must first determine the extent of your injuries and their financial impact. This includes calculating both economic damages, such as medical bills and lost wages, and non-economic damages, such as pain and suffering.
A personal injury lawyer can help you determine the value of your claim and will work to help you recover fair compensation.
The Statute of Limitations
The statute of limitations is the amount of time you have to file a personal injury claim after you have suffered harm. In Texas and Houston, the statute of limitations is typically two years from the date of the injury.
It is essential to keep in mind that if you miss the statute of limitations, you may be unable to recover compensation for your injuries. Therefore, it is important to consult with a personal injury lawyer as soon as possible after you have suffered harm in an accident.
Types of Personal Injury Cases
Personal injury cases can result from dog bites, an accident in a home or business, an accident on the road, medical malpractice, and many other circumstances. If you’ve been injured because someone else was negligent and find yourself in the emergency room or otherwise suffering harm, there’s a good chance you have a valid claim.
In each case, however, the injured party must be able to prove that another party was at fault for their harm or injury. An attorney can help you understand your rights, who has liability for your claim, and guide you through the lawsuit process.
Recovering Compensation for Your Injuries
The goal of a personal injury claim is to recover compensation for the harm or injury suffered by the injured party. This compensation can take the form of economic damages, such as medical bills and lost wages, property damage, and non-economic damages such as pain and suffering. A lawyer will be able to help you recover the maximum compensation for your injuries and property damage, including any insurance coverage that may be available to you.
In some cases, an attorney may even be able to help you win punitive damages. Though these are rare and by no means guaranteed, punitive damages punish negligence in a way that sends a firm message that may cause the person or party responsible for your injuries to be more careful in the future.
Negligence and Contributory Negligence
In a personal injury claim, the injured party must be able to prove that the responsible party was negligent. Negligence is defined as the failure to take reasonable care, which results in harm or injury to another party.
In some cases, the injured party may be found to be partially at fault for their own injuries. This is known as contributory negligence, and it may reduce the amount of compensation the injured party can recover.
Insurance Coverage and Policy Limits
In a personal injury claim, the responsible party’s insurance coverage may be available to the injured party to help cover their medical expenses and other damages. However, insurance policies have coverage limits, which may limit the amount of compensation the injured party is able to recover.
Experienced attorneys can help you understand your insurance coverage and policy limits and help you recover the maximum compensation for your injuries.
When to Call a Personal Injury Lawyer
Your law firm will be able to offer a free consultation and help you calculate the worth of your claim including all compensatory damages, including both economic and non-economic damages, such as medical bills, lost wages, pain and suffering, and more.
They can also help you navigate the often complex and challenging insurance claim process, negotiate with insurance companies, and represent you in court if necessary.
The law firm you work with will be able to negotiate with the other party, evaluate a settlement offer, gather evidence like medical records, and get your injury case settled as quickly as possible.
Hiring a lawyer is especially important if you have suffered serious injuries or if the insurance company is not offering fair compensation. By having a knowledgeable and experienced attorney on your side, you can increase your chances of successfully recovering the compensation you deserve.
Get Help With Your Personal Injury Lawsuit
If you have been in an accident and are now suffering due to factors outside your control, you do have options. Legal action cannot grant you a physical recovery, but your lawyers can help you file a lawsuit that may require the defendant to pay compensatory damages for the hurt you’ve suffered and take responsibility for their liability.
To find out whether you have a valid claim, work with experienced attorneys with knowledge of Texas law and experience in the courtroom. Contact Houston Injury Lawyers PLLC now at 936-251-5246 and have your claim evaluated.