What is Personal Injury?

Dallas Attorney Michael Grossman Discusses What Defines a Personal Injury

The State of Texas defines a personal injury as an any type of damage to a person's body, emotions, or mind. The State laws that serve as the groundwork for personal injury law are defined in the Texas Civil Practices and Remedies Code. Effectively, this code details the rights that a personal injury victim is entitled to as well as the processes for dealing with a personal injury case.

Typically, the term personal injury refers to situations whereby the injury was caused by the negligent actions of another person. State Law clearly dictates that citizens owe a reasonable standard of care to those around them, and if such a standard of care is not maintained and a person is injured, the victim (known in legal terms as the "plaintiff") is typically entitled to seek monetary compensation from the person who caused or contributed to their accident (the person who caused the accident is known in legal terms as the "defendant").

This is accomplished by the plaintiff hiring an attorney to file a personal injury lawsuit on their behalf. This lawsuit effectively calls upon the court system to enforce the law and make the defendant compensate the plaintiff in an amount consistent with the role the defendant played in the incident.

Example: Mr. Jones is driving along I-20 in Dallas when another motorist comes speeding down the interstate and crashes into the rear of his vehicle. The collision causes significant injuries to Mr. Jones, resulting in an ambulance ride to the hospital and several months of treatment for his physical injuries. In addition to his physical injuries, Mr. Jones now also suffers from an irrational fear of driving that is manifested in nightmares and anxiety any time he travels in a car.

In this scenario, the defendant violated his legal duty to Mr. Jones by not taking reasonable care when he was operating his vehicle. His actions were the proximate cause of Mr. Jones’ injuries, both physical and psychological.

Under Texas law, Mr. Jones may hire an attorney to seek compensation from the defendant. Naturally, Mr. Jones’ attorney will work to make ensure that he is compensated for his medical expenses for treating the physical and psychological injuries, but it is of great significance to note that Mr. Jones’ lawyers will also seek to ensure their client is compensated for any other damages that may apply such as pain and suffering, lost wages, mental anguish, loss of consortium, and others.

But this is rarely a straightforward process. The other driver’s insurance company will likely be extremely reluctant to pay for Mr. Jones’ injuries. That insurance company will likely send adjusters to speak with Mr. Jones and try to trick him into signing away his right to sue for an inadequate sum of money. The other driver himself may hire defense attorneys to try to prove that the accident was in fact Mr. Jones' fault. This process is even more problematic if the driver is protected by a commercial insurance carrier – for instance, if the other driver was an 18 wheeler operator.

By hiring an experienced Dallas personal injury attorney, you are partnering yourself with a professional that possesses an in-depth knowledge of the law AND is well versed in the processes and best practices that will have the highest likelihood of resulting in a successful legal case. Remember, even in a case as straight forward as Mr. Jones’ case mentioned above, the defendant can, and often will, lie, exaggerate, or do anything else they can to limit your chances of success. Relying on an experienced personal injury attorney is the best way to ensure that you will be fairly compensated for your personal injury.