What is 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.
By hiring an
experienced 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
a good attorney is the best way to ensure that you will be fairly
compensated for your personal injury.
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Questions answered by this article:
What is considered to be a personal injury?
What is a personal injury under Texas Law?
What laws determine how a personal injury case works in Texas?
Do I need an attorney for my personal injury case?
When do you file a personal injury lawsuit?
What is a personal injury lawsuit?
What is a personal injury?