Texas Personal Injury Law: The Basics
There are situations in which we all owe a duty of care to others, and a great example of this is when we are driving. As motorists, we owe a duty of care to everyone else on the road, which amounts to driving responsibly and avoiding putting others at undue risk. This duty of care extends to many situations. It is the backbone of personal injury law, which is predicated on negligence (failure to use the same level of care that other reasonable people would use in similar situations). Let’s take a closer look.
Common Claim Categories
When one person’s negligence causes another person to suffer injuries, the injured party can seek compensation in a personal injury case. Rather than the government prosecuting the at-fault party (as in a criminal case), the injured party – as a private citizen – has the legal right to seek financial compensation for the damages suffered (generally through the at-fault party’s insurance coverage) in a personal injury case. Common categories of personal injury cases include:
Traffic accidents of every kind
Dangerously defective products that lead to injury
Dangerously maintained properties that lead to injury
The Elements of a Personal Injury Case
Personal injury cases can take many different forms, and while no two are exactly alike, every case must include the following elements:
The person or entity named as the at-fault party must have owed you a duty of care (such as other motorists on the road do).
This person must have breached their duty of care (such as a motorist who is texting behind the wheel rather than attending to the important duty of driving safely).
This breach must have directly caused you to be injured (such as in a car accident caused by the distracted driver).
When these elements are all present, you may proceed with a personal injury case.
Statute of Limitations
The State of Texas imposes a statute of limitations for personal injury cases, and this amounts to a cutoff point – after which you may no longer seek damages. The laws related to this statute of limitations are complicated and must be applied specifically to the exact circumstances of the case. For general purposes, however, this statute of limitations is two years from the date of the injury-causing accident.
Damages Sought
Personal injury cases seek damages for the injuries sustained as a result of the at-fault party’s negligence and can include:
Property damage (such as damage to your car in a car accident)
Medical expenses
Lost earnings (due to hours lost on the job)
Physical and emotional pain and suffering
Do Not Wait to Consult with an Experienced Killeen Personal Injury Attorney
Personal injury cases are complicated but important cases, and attorney Brett Pritchard at The Law Office of Brett H. Pritchard in Killeen, Texas, is committed to employing the full force of his considerable experience to help you obtain the compensation to which you are entitled. For more information, please do not hesitate to contact us online or call us at 254-501-4040 today.
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