Personal injury is an important area of the law, which addresses damages that are caused by someone else’s negligence, and personal injury claims come in every shape and size. Understanding the basics as they apply to your personal injury case can help you move forward with increased confidence and purpose – in pursuit of the compensation to which you are entitled.
Common Personal Injury Claims
While personal injury claims come in a wide variety of forms, there are certain kinds of claims that are most common, including:
- Traffic accidents, such as car, truck, motorcycle, bike, and pedestrian accidents (Driver Negligence Often Equals Dangerous Car Accident)
- Product liability claims (What is a product liability claim?)
- Dog bite injuries
- Medical malpractice claims (Have you been injured by a doctor? Click here to learn more about your options)
- Wrongful death claims (personal injury claims in which the claimant ultimately succumbs to the injuries he or she sustains)
Regardless of the kind of claim you face, the legal basics apply equally across all claims.
The Basic Elements of Your Claim
The basic elements of your personal injury claim (and every other one out there) include the following:
- The negligence of the at-fault party in your claim (the defendant) caused you to be injured. For example, if a distracted driver causes you to be injured in a car accident, that distracted driver is the defendant in your claim, and his or her distraction represents the necessary negligence. (How Much of a Distracted Driver Are You, Really?)
- The defendant owes you a duty of care that he or she breached. In accordance with our example, every driver on the road owes everyone else on that road a duty of care that includes adhering to the rules of the road and allowing the safe passage of others. Driving while distracted will almost certainly be a breach of a driver's duty of care and therefore fall within the legal definition of negligence.
- You were injured and suffered damages as a result of the defendant’s negligence. For example, if the distracted driver leaves you injured in a car accident, those injuries translate to legal damages.
Your Damages
In a Texas personal injury claim, you can seek damages for your losses in all of the following categories:
- Medical expenses that can include hospitalization, surgery, treatment from doctors and specialists, pain management, prescription medications, rehabilitation, physical therapy, home health care, adaptive physical devices, and far beyond
- Lost earnings that can dovetail into lost earning potential and even to a thwarted career trajectory
- Pain and suffering that can lead to emotional disturbances and can be exceptionally difficult to move beyond
A critical component of your personal injury claim is ensuring that your complete set of physical, financial, and emotional damages is well represented.
Seek the Legal Guidance of an Experienced Killeen Personal Injury Attorney Today
If you have been harmed by someone else’s negligence, Brett Pritchard at The Law Office of Brett H. Pritchard – proudly serving Killeen, Texas – is a trusted personal injury attorney who has the experience, focus, and insight to help guide your claim toward its most favorable resolution. For more information about how we can help you, please do not hesitate to contact or call us at 254-501-4040 today.
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