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What Is a Personal Injury Claim?

Published on Oct 12, 2023 at 9:15 pm in Personal Injury.

We know that even seemingly simple legal topics can be complex. This is is why we’re committed to being an accessible source of knowledge within our community. If anything in this blog is unclear or if you have further questions, contact us, and we’ll match you with a compassionate personal injury attorney in Houston for a completely free informational meeting.

In this blog, we’ll answer questions like:

  • What’s a personal injury claim?
  • How can a personal injury claim help me?
  • Am I eligible to file a personal injury claim?

A Personal Injury Claim Is…

In Texas, a personal injury claim is a legal dispute that typically involves allegations of negligence against one party, resulting in the other party’s injury, harm, or loss. This is an area of civil law, not criminal law. This type of claim is generally filed against the negligent party’s insurer rather than directly against the person who is at fault. In certain situations, you may also be able to file a claim with your own insurer.

The goal of a personal injury claim is to give accident and injury victims the opportunity to recover compensation for their damages.

Accidents & Injuries That Fall Under the Umbrella of Personal Injury

Personal injury is a broad category of civil law that covers a wide range of accident and injury types, including:

  • Car crashes
  • Truck accidents
  • Medical malpractice
  • Non-workers’ compensation workplace injuries
  • Construction accidents
  • Oil field injuries
  • Slip and fall accidents

This is an incomplete list of all the different types of accidents for which you can file a personal injury claim. If you don’t see your exact accident type listed above, please contact us anyway. A knowledgeable injury attorney can help review your case at no cost to you.

With a Personal Injury Claim, You Can…

For many accident victims, personal injury claims represent hope. They are a way to address everything that you went through, everything that you’re currently dealing with, and everything that you are anticipated to face in the future.

This type of claim gives you the opportunity to say, “What happened to me wasn’t right, and I deserve to be compensated.”

Let’s review more of what a personal injury claim can help you accomplish.

Recover Compensation for Damages

Serious accidents cause more than just physical and emotional damage. In today’s world, being involved in an accident (even through no fault of your own) is expensive. A successfully settled personal injury claim can help you recover compensation for both economic (financial) and non-economic (non-financial) losses that you’ve suffered.

Your economic damages refer to your verifiable financial losses, such as:

  • Lost wages if you can’t work
  • Reduced earning potential if you can no longer work in the same capacity
  • Medical bills for all past, current, and future treatments
  • Property damage for totaled vehicles or broken items of value

Non-economic damages compensate you for non-tangible losses, like:

  • Loss of enjoyment in life
  • New or worsening disabilities
  • Physical pain and suffering
  • Mental anguish
  • Loss of companionship or consortium

If you’ve been seriously hurt, you need the time and space to focus on your own health and recovery. Fighting with the insurance company for what you know you’re owed shouldn’t be another thing you have to deal with. As Houston personal injury lawyers we are proud to stand up and fight for injury victims in Houston.

Secure a Sense of Justice

A civil case is a highly effective tool for injury victims to secure a sense of justice for what happened to them. Whether another driver hit you from behind while you were stopped at a red light or a property manager failed to clean up a spill that you slipped and fell on, you deserve to feel that justice has been served.

Because, in many cases, negligent actions that cause these types of accidents don’t rise to the level of criminal allegations. Victims who hope to see any type of justice served can instead hold those who hurt them liable for their actions through the proven legal pathway of a personal injury claim.

You Can File a Personal Injury Claim If…

To file a personal injury claim and successfully recover compensation for your damages, your case must meet the four elements of negligence:

  1. The at-fault party owed you a duty of care.
  2. Through an action or act of omission, the at-fault party violated their duty of care.
  3. The violation of the duty of care caused you harm or injury.
  4. You suffered verifiable financial losses as a result of your injury.

A “duty of care” is a legal obligation that an individual has to follow in order to avoid harming another person. Although you might not realize it, you also have a duty of care in certain situations to protect those around you from harm. For example, every time you get behind the wheel of a motor vehicle, you have a duty of care to follow the rules of the road and to drive in a way that preserves the safety of everyone around you.

Establishing what the liable party’s duty of care was and how they violated it are two crucial steps in the process of filing a personal injury claim. And the more complicated the case is, the more complicated determining negligence can be. That’s why, although you are under no obligation to hire an attorney, we strongly recommend working with a law firm that you can trust.

Were You Injured? It’s Time to Take Action

The state of Texas imposes limitations on the time you have to file personal injury claims. This time limit is known as the statute of limitations. For most personal injury claims, there is a statute of limitations of just two years from the date of the accident or from the date at which the injury should have reasonably been discovered. Exceptions exist in only limited capacities, so don’t assume that you’ll have longer to file.

At The Mejia Law Firm, we are knowledgeable of all applicable state laws and statutes that impact serious injury claims. We’re ready to put our expertise and experience to work for you—are you ready to get started?

Call or contact us online to schedule your free case evaluation today.

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