A personal injury lawsuit is a civil case individuals can file in court to recover damages from the person or entity responsible for an accident that caused injuries. You might be entitled to recover compensation if you were hurt because of someone else’s negligence. Texas personal injury laws hold the responsible party liable for their negligence and wrongdoing.
However, there are many different types of personal injury lawsuits. Discussing the circumstances of your case with a DeSoto personal injury lawyer with The Texas Law Dog can help determine if you have a compensation claim. A skilled legal advocate can help collect evidence, build a strong case on your behalf, and demand appropriate compensation for your injuries.
Compensation in Personal Injury Lawsuits
Compensation awards will depend on each case’s circumstances and the nature of a victim’s injuries. When calculating damages in a personal injury lawsuit, the jury must evaluate the plaintiff’s economic and non-economic harm. Two types of damages are available in these cases to compensate victims for their injuries.
First, compensatory damages reimburse injured people for the physical and economic damages they suffered in the accident. Compensatory damages include economic and non-economic losses like past and future medical bills, lost income, diminished earning potential, pain, or emotional distress. While compensatory damages are normally available in personal injury lawsuits, a third type of damages is rare but possible in some types of claims.
Occasionally, victims seek punitive damages in a personal injury lawsuit. These payments punish negligent parties and deter similar behavior from occurring in the future. If you suffered injuries in an accident, discuss your case with a hardworking personal injury attorney in DeSoto who understands the relevant federal, state, and local laws involving victim compensation for injury claims.
What are Personal Injury Claims?
If you were injured due to someone else’s negligence, you may have the right to file a personal injury claim. These cases allow you to seek compensation for medical expenses, lost wages, and other damages caused by your accident. Personal injury claims arise from many different types of incidents, including those listed below:
- DeSoto Car Accident Lawyer – Collisions caused by distracted driving, speeding, or reckless behavior can result in serious injuries. If another driver’s negligence caused your crash, you may be entitled to compensation for vehicle repairs, medical costs, and lost income.
- DeSoto Medical Malpractice Lawyer – Healthcare providers must follow strict standards when treating patients, but errors still occur. If a doctor misdiagnosed you, performed an unnecessary procedure, or prescribed the wrong medication, you may have a valid claim.
- DeSoto Wrongful Death Lawyer – Losing a loved one due to negligence is devastating, but wrongful death claims allow families to seek justice. You may be able to recover compensation for funeral expenses, lost financial support, and emotional suffering.
- DeSoto Dog Bite Lawyer – Dog attacks can cause severe physical injuries and emotional trauma. If the dog owner fails to restrain their pet, they may be liable for medical expenses, scarring, and lost wages.
- DeSoto Slip and Fall Accident Lawyer – Property owners have a responsibility to maintain safe conditions for visitors. If you fell due to a wet floor, uneven pavement, or poor lighting, you may be entitled to compensation for your injuries.
- DeSoto Construction Accidents Lawyer – Construction sites are dangerous, and accidents can lead to severe injuries or fatalities. If you were hurt due to unsafe working conditions, defective equipment, or a negligent contractor, you may have a legal claim.
- DeSoto Premises Liability Lawyer – Unsafe buildings, poor security, and neglected property maintenance can cause serious injuries. If a property owner fails to address known hazards, they may be held responsible for your damages.
- DeSoto Defective Products Lawyer – Defective products, from faulty auto parts to dangerous medical devices, put consumers at risk. If you were injured due to a product defect, the manufacturer or distributor may be liable for your injuries.
In Texas, you must file a personal injury claim within two years of the accident date. Under Texas Civil Practice and Remedies Code § 16.003, failing to meet this deadline may prevent you from recovering compensation. If you are unsure how much longer you have to file your claim, do not hesitate to contact a reputable DeSoto personal injury attorney from The Texas Law Dog for more information.
DeSoto Personal Injury Lawyer Near Me (817) 775-5364
Proving Fault in a Personal Injury Lawsuit
Plaintiffs in personal injury accidents involve negligence, and plaintiffs are required to prove the elements to recover damages. A careless action involves a legal duty, a breach of that duty, causation, and damages. For example, in a car accident case, drivers have an obligation to drive safely.
A violation of this duty might include recklessness behind the wheel, texting while driving, or operating a vehicle while intoxicated. The driver is negligent because they breached their duty of care by driving dangerously. We must prove that this was the direct and proximate cause of the victim’s injuries.
While this is a basic example of what a personal injury lawsuit might look like, proving negligence claims can be complicated. For instance, in a medical malpractice case, the injured person must prove that their doctor or other healthcare professional deviated from the acceptable standard of care. Usually, a medical expert reviews the case and determines the applicable standard of care.
Personal Injuries to Sue for
If you were injured due to someone else’s negligence, you may have the right to pursue compensation for your losses. Serious injuries often require extensive medical treatment, rehabilitation, and time away from work. The following injuries frequently result in personal injury claims and may entitle you to financial relief.
Traumatic Brain Injury
Head injuries can range from concussions to severe brain trauma that affects cognitive function. Traumatic brain injuries can lead to memory loss, personality changes, and permanent disability. If another party’s negligence caused your injury, you may have the right to pursue financial recovery for medical care and long-term rehabilitation.
Spinal or Neck Injuries
Spinal injuries can result in partial or complete paralysis, affecting every aspect of your life. Damage to the spinal cord may require surgical intervention, assistive devices, and home modifications. Compensation can help cover the cost of ongoing medical treatment and lost earning capacity.
Surgical or Traumatic Amputation
The loss of a limb can cause both physical and emotional distress, requiring extensive medical care and prosthetic devices. Amputations often result in reduced mobility, inability to work, and long-term rehabilitation needs. Legal action may provide financial support for medical bills, lost wages, and emotional suffering.
Legal Options for Financial Relief After a Personal Injury in DeSoto
After suffering an injury, you have several legal options to recover compensation for your losses. Texas follows a fault-based insurance system, meaning the at-fault party is responsible for covering damages. Under Texas Civil Practice and Remedies Code § 33.001, you may recover damages by filing an insurance claim or pursuing a lawsuit against the negligent party. Here is more:
- Filing a claim with the at-fault party’s insurance – Texas law allows you to seek compensation from the negligent party’s insurance provider. If the at-fault party is insured, their policy may cover medical expenses, lost income, and property damage.
- Filing a claim with your own no-fault insurance policy – Some policies include personal injury protection (PIP) or uninsured motorist coverage. If the at-fault driver is uninsured or underinsured, your policy may provide compensation for your injuries.
- Filing a personal injury lawsuit in civil court – If an insurance settlement does not cover your damages, you may pursue a lawsuit. Filing a lawsuit allows you to seek compensation for pain and suffering, future medical costs, and other long-term damages.
Not all damages are available through an insurance claim alone. While policies may cover medical bills and lost wages, non-economic damages such as pain and suffering, emotional distress, and loss of enjoyment of life often require legal action. If you suffered an injury due to negligence, taking legal steps can help you demand justice and pursue the full compensation you deserve.
Contact a Seasoned Personal Injury Attorney in DeSoto Today
Victims in personal injury cases can suffer serious and even life-threatening injuries. Speaking with a personal injury lawyer in DeSoto from The Texas Law Dog is an important step in obtaining the compensation you deserve. We can help you show the liable parties that “We Don’t Just Bark, We Bite”.
Our experienced personal injury team will look out for your best interest. A legal representative will evaluate your case and determine if you have a claim for compensation. However, there are strict filing deadlines in personal injury lawsuits, so do not hesitate to contact our legal team as soon as possible after your injury.
