When someone suffers injuries as a result of the wrongdoing of another, a personal injury case is brought forward in Texas. In most cases, this wrongdoing is negligence, a legal term that roughly translates to “carelessness.” In other cases, the negligence claim results from recklessness, a more severe type that, for instance, includes driving under the influence.
The process of obtaining compensation for wounds, monetary losses, and other damages brought on by the wrongdoing or negligence of another party is known as a personal injury case. In a such a case, demonstrating that a party was negligent is a crucial first step in establishing liability for damages which is where The Wilhite law firm comes in. Let us look at some of Texas’s most typical examples of personal injury cases.
One of the most prevalent personal injury litigation involves auto accidents. They include the following:
- Auto collisions.
- Motorcycle collisions.
- Truck accidents.
- Pedestrian collisions.
- Uber/Lyft accidents.
You may be eligible for compensation if you sustain injuries in an automobile accident but weren’t at fault. Liability and damages are relevant issues.
Most workplace accidents are under workers’ compensation insurance. When filing a workers’ compensation claim, you do not have to prove that your employer was at fault, which is advantageous. A personal injury attorney can be valuable because non-economic losses like pain and suffering are not compensable. To avoid the workers’ compensation system, you can sue for non-economic damages in some workplace accident scenarios.
Slip and Fall/Premises liability.
A public space’s owner or operator, or even the owner of a private dwelling, ensures their property is safe for guests, those on official business, and, to some extent, particular types of trespassers. The most frequent premises liability claim is from a slip and fall incident. Premises liability lawsuits frequently target businesses.
You may have a personal injury case if a doctor or other medical professional’s carelessness caused your injuries. In this case, the physician might not have followed standard medical procedures or might have carried out the wrong surgery.
When a consumer product is unreasonably defective, it may harm the victim resulting in a product liability claim. The injured party doesn’t need to be the product’s purchaser. You must demonstrate that the item had one of the following flaws: a manufacturing flaw, a design flaw, or inadequate warnings regarding the product’s risks.
Any personal injury claim could develop into a wrongful death lawsuit if a victim dies due to the injuries. The wrongful death laws of personal injury cases are somewhat intricate. However, in a nutshell, the probate estate of the deceased victim and certain family members may file a wrongful death claim for restitution. The court will compensate the estate itself if it paid for some costs, such as funeral and burial costs.
A lawyer can guide you and help you comprehend the idea of culpability and damages in a personal injury case.