Personal injury cases are very common, and an estimated 39 million people need medical attention due to injuries sustained from accidents caused by negligence. According to statistics by the National Highway Traffic Safety Administration (NHTSA), personal injury accidents are the leading cause of death in the United States.
“The number of people who are impacted by injuries resulting from negligence is high. Some of the victims may have to live with long term disabilities for the rest of their lives,” says Lin McCraw of The McCraw Law Group. Filing a personal injury lawsuit can help the victim recover the expenses incurred due to the injuries.
There are many incidents of personal injury cases. Some of them have a lasting impact on the victim’s life. The type of claim a person will file primarily depends on the injury sustained.
Common Personal Injury Claims in Texas
The following are common types of personal injury cases in Texas:
#1. Slip and Falls
Many people consider slip and falls as minor accidents. On the contrary, slip and falls are one of the most dangerous accidents as many have sustained severe injuries from those falls. Common injuries victims suffer include broken legs, fractures, and neck and head injuries.
Thousands of Texans visit emergency rooms annually to get treatment for injuries resulting from slip and falls. Property owners are required to make their property safe or warn for safety hazards that the owner or occupier knew of, or should have known of. If they fail to do so and people get injured, they may be liable and required to pay compensation. This area of law is complicated with a property owners duty dependent on the classification of the injured person, whether the dangerous condition is considered open and obvious or not, and, if so, if the victim was essentially forced to transverse the hazard or it there was a safer route to avoid the dangerous condition.
Victims of slip and fall accidents can also get compensation for lost income if they are forced to take time off work to treat their injuries. In extreme cases, victims may suffer permanent disabilities that prevent them from carrying on with their usual activities. In that case, filing a claim for damages for the losses is ideal.
#2. Medical Malpractice
All medical practitioners owe their patients the duty of providing standard healthcare to them. However, healthcare practitioners can make mistakes that may harm their patients. When medical personnel make a mistake that leads to injuries or death of their patients, they can be at risk of being sued for medical malpractice.
Common errors that can lead to a medical malpractice lawsuit include:
- A wrong prescription of drugs or dosage
- Wrong diagnosis
- Incorrect or unnecessary surgery
- Leaving objects in a patient’s body during surgery
- Ordering the wrong test or failure to order a test
- Carrying out a surgery in the wrong part of the body
- Bedsores and infections
A medical error is serious as it can lead to death and, in most cases, worsen a patient’s pre-existing conditions.
#3. Accidents on Construction Sites
Construction sites are one of the common places where accidents occur. The rate of accidents in construction sites is higher when compared to other workplaces.
Construction site workers are always at risk of injuries resulting from the collapse of scaffolding, exposure to electric wire slips, falls, as well as accidents involving work equipment. Construction site workers who are injured while carrying out a work-related activity should contact a personal injury attorney who would help them file a claim.
#4. Car Accident Claims
The most common personal injury claim in the United States is car accident claims. According to the NHTSA, up to seventeen thousand accidents occur daily on American roads. Many accident victims sustain severe injuries and incur medical bills running into thousands of dollars.
The primary reason for the occurrence of car accidents is negligence. The negligence usually results from motorists failing to adhere to traffic rules. Before one can get compensation for car accident claims, they will be required to prove that the accident resulted from negligence.
Proving negligence most times can be challenging. Therefore, accident victims need to work with a competent legal expert who would help them prove their case. Where the driver is found negligent, they will be required to compensate the victim.
Although assault is one of the most common personal injury claims in Texas, it is not a result of negligence. Assault is a situation where an individual willfully inflicts physical harm on another. As society becomes violent by the day, the number of assault cases continues to rise, which is a cause for concern.
A person can be a victim of assault from family members or even friends. Most assault cases are followed up by a separate criminal proceeding, especially where it was discovered that the act was carried out with malicious intent. Therefore, individuals with an assault case must work with a qualified attorney to help navigate the court processes.
Filing a Personal Injury Lawsuit in Texas
Texans with a personal injury case can file civil litigation to reclaim expenses incurred. The process involved in the litigation is spelled out by state law. The non-criminal litigation can be taken to court as a contested or uncontested case.
A contested case means the parties could not reach a compromise, necessitating the court filing to give a ruling. In that case, the court expects both parties to argue and provide all the evidence required to prove their case. The parties involved will need the services of a competent attorney to help advance their case.
On the other hand, parties who have reached an agreement but want to make it legally binding can file an uncontested lawsuit. In that case, all the judge will be required to do is to approve the agreement reached by the parties, making it legally binding.
Statutes of Limitation
Personal injury cases require the victim to file a lawsuit within a specified timeframe outside of which they may be forced to forfeit their claim. This timeframe is known as the statute of limitation. The statute of limitation, as specified by the state of Texas, is two years from when the injury occurred or when the victim became aware of it.
Personal injury lawsuits allow the victim to get compensation for the injuries suffered. Hiring an experienced lawyer to file the case and help you recover damages is best.
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