Most people will be involved in some sort of accident or incident that causes an injury at some point in their lives. Some injuries are true accidents while others are caused by the negligent actions or inaction of an individual or entity. Whether it is a slip and fall, car accident, or injury in the workplace, injuries caused by someone else’s negligence are unacceptable. When someone else is legally at fault for your injuries, you have may have a valid personal injury claim wherein you can hold the people or entities responsible accountable for harming you.
There are many types of injuries for which you can file a lawsuit resulting from the following types of incidents:
- Car Accidents
- Trucking Accidents
- Workplace Accidents
- Medical Malpractice
- Slip and Fall (Premises Liability)
- Assault and/or Battery
- Animal Attacks/Dog Bites
- Defective Products
- Child Injury
- Wrongful Death
Injuries resulting from any of the above can result in long-lasting and potentially debilitating problems, leaving victims physically and emotionally traumatized. Before you file a personal injury lawsuit, you must first be able to prove that you have a valid legal claim. You may first file a claim with the at-fault party’s insurance company in some situations; however, many injuries caused by the negligence of another will require you to file a personal injury lawsuit. Sometimes the at-fault party’s insurance company will try to deny you fair compensation which will then necessitate filing a lawsuit against the at-fault party to help you recover compensation for damages that resulted from your accident/incident. It will be essential to hire an experienced personal injury attorney to represent you and your interests.
In order for your injury claim to be successful through an insurance claim or lawsuit, you will have to prove that the person or entity you are making a claim against was negligent in some way and that negligence caused your injuries. This means you must prove that more likely than not, the cause and extent of your injuries were the other party’s fault. If your injuries were caused by a defective product or workplace accidents, the claim may involve different laws that your lawyer will help you navigate. If injured while on the job, you may be required to file a workers’ compensation claim.
Common forms of evidence used in a personal injury case can include:
There are different kinds of evidence you can use to prove your claim, assuming the kind of lawsuit requires you to establish the negligence of the at-fault party. The most common types of evidence used include:
- Police reports
- Incident reports were documented at the premises where the incident occurred
- Witness statements
- Photos and videos of the scene of the accident
- Medical treatment records that document your injuries
- Documents that show time missed from work as well as previous income statements
- Testimony from a doctor or medical expert regarding the cause of your injuries
Determining if you have sufficient evidence to file a lawsuit can be complicated, especially if you are trying to take on an insurance company and/or the at-fault party on your own. A personal injury attorney can provide legal services to any injury victim hurt as the result of negligence or the wrongful behavior of another party. After contacting an experienced trial lawyer and discussing your unique situation, they will begin to gather evidence supporting your claim and will communicate with insurers on your behalf. They will also seek full and fair financial compensation for the damages you suffered. Lawyers may attempt to negotiate a settlement or, if a settlement cannot be reached, they will take your case to trial and represent you in court.
Personal Injury Damages
In Texas, personal injury damages typically fall into two categories – economic damages and non-economic damages. If your injuries were the result of intentional or malicious behavior, your lawyer may be able to claim a third type of damages – punitive damages, designed to punish the wrongdoer.
Common economic damages sought in a personal injury case include:
- Ambulance transport fees
- Emergency room treatment
- Doctor visits
- Hospital stays
- Nursing services
- Medication costs
- Diagnostic tests
- Physical therapy and rehabilitation
- Lost wages
- Loss of commissions on sales
- Loss of income potential
- Loss of potential bonuses
Non-economic damages are damages that do not have an intrinsic monetary value. Quantifying non-economic damages can be a challenge, however, your personal injury lawyer will know how to demonstrate their value to the court.
Common non-economic damages awarded in personal injury lawsuits can include:
- Pain and suffering
- Emotional distress or trauma
- Loss of enjoyment
- Loss of companionship
Houston Personal Injury Lawyers
Dealing with the complexities of a personal injury case can be overwhelming for anyone, especially while you are focusing on recovering from your injuries. You don’t need to go through this on your own. Our skilled Houston personal injury lawyers can take on the work of pursuing a claim for compensation. Our goal is to be there for you and your loved ones through every step of the process and to give you the peace of mind you need to recover following the trauma of your accident. Contact The Krist Law Firm today to discuss your situation at no cost.