Why File A Personal Injury Claim?
The term personal injury lawsuit brings to mind images of scruffy lawyers chasing after ambulances in hopes of landing injured clients. Right? But it is in your best interest to see past the negative image if you have been injured due to a person or business’ action or inaction. Such injuries might affect your ability to work in the future, which may affect your ability to pay your bills, and related hospital and prescription costs.
How Does Personal Injury Law Work for You?
Personal injury law works for you should you suffers an injury due to another person or business’s negligence. Negligence is the person or business’ failure to act with the level of care that a person with common sense would have acted with or did not act with in a similar situation. The person who is injured (a private plaintiff) seeks compensation from the person or business responsible for the injury (defendant).
What Are Examples Of Personal Injury Claims?
Personal injury claims come from unintentional as well as intentional actions. A few common personal injury claims come from:
- Auto accidents
- Child injury and/or abuse
- Dog bites
- Inefficient security
- Medical malpractice
- Trucking accidents
- Slips and falls
- Workplace accidents
- Wrongful death
What does It Take to File a Personal Injury Claim?
Again, negligence is a person’s failure to act with the level of care that a person with common sense would have acted with or did not act with in a similar situation. It is the most important part of a personal injury lawsuit.
To decide whether a person’s actions of inactions were negligent, a Texas personal injury claim lawyer considers the below four elements. As an example, we’ll use a store’s duty to mop up water on the floor and put out a sign that says “Wet Floor.”
- Was there a legal duty that the person who caused the injury (defendant) owed the person injured (plaintiff)?
- The store had a responsibility, a legal duty, to mop up spills to prevent customers from slipping and falling.
- The defendant’s failure to act (breach of duty)
- If the store failed to clean up the water and/or mark the slippery spot with a sign, the store failed to act, was negligent.
- The plaintiff’s level of suffering caused by the injury.
- If you, the customer, slipped and hit your head and lost consciousness, you would have been injured as well as other parts of your body. But, if a store employee was nearby and able to catch you to prevent your fall, you would not have suffered injury.
- Evidence of cause and effect: what the defendant did or did not do caused the plaintiff’s injury.
- You would not have slipped if the water had been cleaned up or a sign put over the slippery area.
Is there a Time Limit to File for a Personal Injury Claim in Texas?
The time limit (Statute of Limitations) you have to file a personal injury claim depends on your injury. It is often two years unless product liability, which can be as long as 15 years. It is important that you contact a personal injury lawyer to figure out whether you have a personal injury case before the time limit has passed.
The time limit for injury to a child may be extended. For such injuries to minors, it is in your child’s best interest to consult a personal injury claim lawyer.
To schedule a free consultation with Houston Texas’ personal injury attorney Stephen Boutros, LTD, please call (713) 425-4300 or (888) 880-4300.