Mansfield Personal Injury Lawyer
Injuries can happen while you are on the road, at a place of business, or otherwise out in public. In some cases, you may directly suffer injuries as a result of the negligence of a third party. If this has occurred, you may want to contact a Mansfield personal injury lawyer for advice about your options.
Accidents can result in severe and catastrophic injuries, such as those that arise from motor vehicle accidents, dog bites, slips and falls, and more. Holding the responsible parties accountable for their careless behavior may be possible through a personal injury claim. By enlisting the assistance of a personal injury lawyer, you may be able to get compensation for your injuries.
Negligence in Mansfield Personal Injury Claims
Negligence is the basis for most personal injury claims that arise. Bringing a valid personal injury claim requires the establishment of four elements of negligence:
- The actor owed a legal duty of care toward others
- The actor breached that duty of care in some way
- The breach of duty of care caused the accident that led to injuries
- The injured parties suffered damages as a result of their injuries
Negligence consists of any reckless or careless action that falls below the standard of care that a reasonable person would exercise in the same or similar situation. For example, drivers must follow traffic laws to keep themselves and others safe. If drivers violate traffic laws by driving while intoxicated, disregarding a red light or stop sign, or failing to yield, they are likely are negligent if their actions lead to an accident.
Various other situations could lead to a finding of negligence, as well. Negligence can create liability for individuals or entities when their actions result in harm to others. When this situation occurs, injury victims may benefit from contacting a personal injury lawyer in Mansfield for advice.
Personal Injury Cases and Comparative Negligence
In some cases, injury victims may be somewhat at fault for the accidents that led to their injuries. Under state law, if the injury victims are 50 percent or less at fault for the accidents that caused their injuries, they still may be able to seek damages from other negligent parties. Nonetheless, if the parties are more than 50 percent at fault for the accident, they cannot pursue personal injury claims against other negligent parties.
Although partially negligent parties still can seek compensation for other negligent parties under these circumstances, their right of recovery is limited. Their available damages will decrease by the percentage of fault that they bear for the accident.
For example, if individuals were 30% at fault for motor vehicle accidents in which they sustained injuries, they can seek a maximum of 70% of their total damages. As these situations may be complex, consulting a personal injury attorney in Mansfield may be beneficial to injury victims.
What type of Damages Are Recoverable Following an Accident?
In a personal injury case, the injured party may able to seek compensation for a wide range of damages. The injured party can recover damages such as medical expenses, lost wages, pain and suffering, mental anguish, loss of enjoyment of life, as well as loss of consortium. It is best to speak to an experienced personal injury attorney who can calculate the injured party’s damages and help them seek compensation.
What Is The Statute of Limitations to File a Claim in Mansfield?
Under Tex. Civ. Prac. and Rem. Code § 16.003, individuals have a limited period in which to formally file their personal injury claim after they have been injured in an accident. This statute of limitations requires them to file their claims no later than two years following the date of their accidents.
State law establishes a few exceptions to the general statute of limitations. Nonetheless, most personal injury claims, whether arising from motor vehicle claims, slips and falls, or medical malpractice, generally must be filed within the two-year timeframe. Missing this deadline could lead injury victims with no ability to seek compensation for their losses.
Talk to a Mansfield Personal Injury Attorney for Advice
Navigating the world of insurance claims and lawsuits can be complicated and confusing, especially in the aftermath of an accident that has caused you considerable injuries. You may be unsure what to do first or how to protect your rights as the insurance company representatives begin to contact you. Having an experienced Mansfield personal injury lawyer on your side to advocate on your behalf can be crucial to a favorable outcome in your case.
Allowing legal counsel to handle the financial and legal aspects of your accident can give you and your family much-needed relief during a challenging time in your life. You may be able to focus on the healing process and still safeguard any rights to compensation that you may have. Call now to get the help you need.