If you’ve been hurt in an accident through no fault of your own, then you likely have a personal injury that you require compensation for. Personal injury claims are among the most common lawsuits filed in Texas, but what exactly qualifies as a personal injury? And do you need the assistance of an experienced personal injuries lawyer to help you get the compensation you deserve?
What Qualifies As a Personal Injury?
According to the law, a personal injury is any damage to the body, mind, or emotions as the result of an accident. Essentially, personal injury is considered any damages you have physically or emotionally suffered because of an accident. This is different than damages to personal property, which you can also claim damages for.
The biggest qualifier for a personal injury is whether or not the injury was the result of someone else’s actions or negligence. There is a mistaken belief that personal injuries can only arise due to physical altercations, but there are several common scenarios that are considered personal injuries. If you have been involved in any of these situations, you may want to enlist the help of a personal injuries lawyer in Houston, TX to advocate for your rights.
Transportation accidents are by far the most common scenario associated with personal injury lawsuits. A transportation accident can include car accidents, motorcycle accidents, truck accidents, and even public bus accidents. If you were injured in an incident involving a motor vehicle, either as a pedestrian or a motorist, then you may qualify for a personal injury lawsuit.
For transportation accidents, the most common source of compensation is from the insurance company of the driver who is liable or responsible for the accident. However, in Texas, both drivers may be eligible for compensation if a comparative negligence case is brought to court. This will generally happen if the insurance company is unwilling to make a good settlement offer or if the other motorist suggests you are at fault for the accident.
Workplace accidents are also very common. No matter what industry you work in, if you are injured while you are on the clock, then you are likely suffering a workplace injury and that means you should be eligible for compensation. In Texas, employers are not mandated to offer worker’s compensation insurance for injured workers – and if your employer does have this insurance, then your employer also can refuse worker’s compensation if they do not believe you were injured on the job.
Medical malpractice refers to several scenarios where negligence and harmful actions from a healthcare worker can result in injuries to patients. Medical malpractice can often be challenging to claim compensation for since you will have the burden of proving the healthcare worker departed from the standard of care during your treatment. Common medical malpractice claims can be associated with emergency treatment, surgical injuries, unexpected complications after treatment or surgery, birth injuries, and pharmaceutical negligence.
For this type of claim, the pivotal point is the standard of care, which is the basic standard practices any healthcare worker would reasonably take for your treatment. Your injury may be caused by medical malpractice if you were not correctly diagnosed, if the risks of a procedure were not made known to you, or even if non-standard medical practices were used for your treatment.
Product liability can refer to several cases where a manufacturer’s negligence caused injury to a consumer. For example, malfunctioning cars, propane tanks, and toys for children are all common claims made for product liability.
Manufacturers are legally obligated to ensure that their products are reasonably safe and meet certain standards so consumers can be safe using the product. If a product is faulty and causes injuries, then the manufacturer is obligated to pay compensation to the consumer.
Pain and Suffering
Regardless of the type of personal injury case you plan to pursue, your lawyer may also compound your case with pain and suffering. Pain and suffering claims refer to the non-physical impacts you may have endured as a result of the accident, such as emotional trauma, dissolution of marriage because of an injury, or stress that is related to becoming disabled or unable to provide for yourself.
Some accidents result in the death of the victim. Catastrophic accidents are often associated with wrongful death lawsuits, which are pursued by family members who believe the cause of the accident could have been prevented.
If your loved one died as a result of someone else’s negligence, then you will need the help of a lawyer to argue your case. This is particularly true for families who have lost the primary earner in the household, as the loss of financial stability can have long-lasting consequences on children and spouses.
How Can a Personal Injuries Lawyer in Houston, TX Help You?
There are several scenarios that qualify for personal injury claims, but when do you know if you need the help of a personal injuries lawyer? In general, if you have been injured, your claim for your injury will be processed through an insurance company. However, it’s very common for insurance companies to either contest the claim or offer settlements that do not adequately cover medical care or other damages. If your claim has been rejected or you need help with a settlement, then it’s best to turn to a lawyer for representation.
That said, your claim may go much smoother if you contact a lawyer before you submit a claim for your injury. A lawyer can look over your claim to ensure there are no errors that may make the insurance company reject your claim. A lawyer will also be able to assess any settlement offers you receive to determine whether or not the offer is fair. Other ways a lawyer can help include:
- Gathering evidence
- Investigating your accident
- Representing you in court
- Negotiating settlements
Damages a Lawyer Can Help You Recover
When you file a personal injury claim, your primary goal will be to seek compensation for your injury and other damages associated with your accident. For many people, compensation for medical bills, ongoing treatment, and lost wages are the main focus of a personal injury claim. Regardless of whether your treatment was brief or your injuries have resulted in a disability that prevents you from working, you deserve compensation for all past, current, and future treatments associated with your accident.
A lawyer may also help you recover other economic compensation, such as the loss of wages from not being able to work or losing your job because of your injury. Lawyers may even be able to seek compensation for the loss of earning potential for people who were permanently injured by an accident. Furthermore, you may be able to recover compensation for non-economic factors as well, such as pain and suffering or loss of relationships.
Personal injury lawsuits can refer to several scenarios where people are injured through the negligence of another person or entity. A personal injury claim can range from everyday transportation accidents to workplace injuries to wrongful death. For more information about personal injury claims, contact personal injuries lawyers at Houston Injury Lawyers in Houston, TX today.