Top 8 Types of Personal Injury Cases in Texas
The personal injury payouts in Texas can range from $3,000 to $75,000. This is largely dependent on the type of case, your injuries, level of fault, and whether or not you hire legal representation.
Have you been injured and are wondering if you can file a claim? We are going to review some of the most common types of personal injury cases filed in Texas.
Types of Personal Injury Cases
Personal injury cases are about recovering for the damages that you suffer due to the negligent or intentional acts of someone else. In Texas, you generally have 2 years from the date of the injury to file your lawsuit.
You should always consult with an attorney right away if you suffer an injury. It is best to not wait.
You also should understand that Texas is what is known as a modified comparative negligence state. This means that the court will look at if you are partially responsible for your injuries.
If you are 50% or more responsible, you won’t recover any damages in your case. If you are 0% to 49% at fault you will recover, minus the % you are found responsible.
While no one can predict what the court will determine, an experienced attorney can help you evaluate your case. This will help you determine if you should pursue recovery.
1. Assault and Battery
Often people refer to assault and battery as one thing. This would be incorrect though.
Assault is when someone intentionally makes you in fear of injury. While a battery is someone intentionally actually causing the injury.
Unlike a lot of the other causes of action on this list, these are both actions that must be intentionally done. You will usually see these cases have a criminal element to them, but this isn’t always the case.
2. Wrongful Death
These cases are brought by someone other than the injured party. They usually arise from an auto accident, medical malpractice, or a construction accident.
The damages for these cases get awarded differently than cases where the injured party suffers a non-fatal injury. These cases tend to be the most emotionally charged and traumatic for people.
3. Slip and Fall
If you own property you have a legal responsibility to make it safe for those who come onto it. Not everyone that gets injured on a piece of property can automatically recover though.
Usually, a slip and fall case centers around a landowner’s responsibility to maintain a property free of hazards. The most common people sued in these cases are businesses.
4. Defamation- Libel & Slander
Defamation of your character occurs through libel and slander. Libel is when untrue statements that damage your reputation get printed. Slander is when those damaging untrue statements get spoken.
The standard that you have to meet will depend on a number of factors. Typically, the average person will just need to prove that the statements are untrue and they suffered actual harm. Public figures or celebrities have to show that the untrue statements were made intentionally or with a reckless disregard for the truth.
5. Vehicle Accident
We usually think of cars and trucks when someone mentions a motor vehicle accident. However, these accidents can also include pedestrians and bicycle riders.
If you get injured, whether you are a driver, passenger, or pedestrian, you could recover for your injuries. These types of cases most often see the modified comparative negligence rule in effect.
Let’s say that you get rear-ended at a stoplight. But one of your brake lights weren’t working.
The jury could decide that you were 25% at fault and the driver who hit you was 75% at fault. Now let’s assume your total damages were $20,000.
Because the jury found you 25% at fault, you can only recover $15,000 in damages. This is because $5,000, or 25% gets subtracted to account for your share of fault.
6. Products Liability
These types of cases arise when someone sells a product that is dangerous. These cases can get complicated due to the need to identify who sold, manufactured, or designed the defective product.
It may even be that the product works properly, but that the safety warnings were not accurate or complete. If you suspect that you have been injured by a product, consult a knowledgeable attorney who can help you assess possible recovery.
7. Medical Malpractice
When you receive medical treatment, you place your trust in the medical staff providing the treatment. When those professionals become negligent, you could suffer serious injuries.
There are many different ways to possibly recover from misdiagnosis to surgical errors, to pharmacy mistakes. An experienced legal professional can help you determine if you have a case if you or a loved one has experienced an injury at the hands of a medical professional.
8. Dog Bite
A dog owner is financially responsible for the costs of injuries caused by their dog. You have two years from the time of the bite to file your personal injury dog bite lawsuit in Texas.
Texas follows the “one bite” method of thinking. This means that the owner must know that the dog has bitten someone before it bit you.
Do You Need Representation?
If you have been injured and think you have a personal injury case, you should consult an experienced attorney. They can review the details of your case and let you know if they think you have a claim.
When looking for an attorney, find one that has experience in the types of personal injury cases that are similar to your situation. Some lawyers focus their practice on medical malpractice cases, while others are well versed in products liability cases.
If you have questions about your potential case feel free to schedule a meeting and we are happy to meet with you.