6 Key Concepts in Personal Injury Law

Life in McAllen can change in a moment. One second, you are on your daily commute. The next, you are dealing with the aftermath of a serious accident. It is normal to feel overwhelmed after a personal injury.

The situation becomes stressful when legal steps come into play. Suddenly, you are expected to understand court rules, insurance policies, and deadlines. Knowing your rights under Texas personal injury law can make all the difference in these moments.

This is where an experienced McAllen personal injury attorney can provide clarity as well as support. The process of seeking compensation follows a specific legal path, whether you are dealing with a vehicle collision, slip and fall, or other accident.

Here are the six important legal concepts that form the foundation of numerous personal injury cases.

Duty of Care

Each personal injury case starts with the idea that someone owed you a duty. This duty of care is an obligation that makes one act responsibly and prevent harm to others. For example, drivers need to follow traffic laws and drive safely. The law recognizes the potential for liability when that duty is ignored.

Breach of Duty

The next step is proving it was breached once a duty is established. This means showing that the person responsible acted in a way that a reasonable person would not. If a driver was texting while behind the wheel, it can be used to prove a breach of duty.

Causation

Causation links the breach of duty to the injury you suffered. You must be able to show that the defendant’s actions were not only careless but also directly responsible for the harm. This step is critical and often involves presenting medical records or expert testimony.

Damages

Damages refer to the physical, emotional, and financial costs caused by the accident in personal injury cases. These can include medical bills, missed work, therapy, and future care needs.

Courts may also award compensation for pain as well as suffering. Strong documentation is important to recovering these losses.

Comparative Fault

Texas follows a modified comparative fault rule. This means that if you are partially to blame for the accident, your compensation could be reduced.

For example, your award would be reduced by 20% if a court finds that your fault is 20%. You may not recover any damages if your share of fault is 51% or more. 

Statute of Limitations

Time matters in personal injury cases. The statute of limitations for most personal injury claims is two years from the date of the incident in Texas.

The right to seek compensation is usually lost if this deadline is missed. There are few exceptions. Therefore, it is important to act quickly.

The Role of a Personal Injury Lawyer

An experienced attorney plays an important role in guiding victims through the legal process. They collect evidence and protect the rights of their clients in court.

They understand how to build a case and ensure that no legal step is missed. Having this support is a necessity when facing injury. Consult an attorney today if you want justice. 

Common Types of Personal Injury Cases

Personal injury cases can be of different kinds. You can file a personal injury case when you get physically injured due to the negligence of the other party. This other party can be the government, your organization, or medical practitioners.

Moreover, based on the type of personal injury case, your personal injury lawyer will develop the draft and evaluate your fair share of compensation.

Some of the common types of personal injury cases are:

1. Road Accidents

The most common type of personal injury case is a road accident case. In this type of case, you get injured due to the driver’s or the other party’s negligence and ignorance of traffic rules and regulations.

Moreover, you can file a personal injury case when you have suffered injuries from a road accident.

2. Medical Negligence

Another type of personal injury case can be filed when you have incurred personal injuries due to the negligence of medical professionals.

In this type of personal injury case, you can suffer devastating consequences due to the negligence of the medical practitioner or the pharmacist.

Additionally, you can sue the pharmacy or the medical organization for their clinical ignorance.

3. Workplace Accidents

When you suffer from personal injuries that you incurred due to workplace accidents, you can file a personal injury case against your organization.

In this kind of personal injury case, your claim for compensation is evaluated based on the faulty condition of the machinery or work environment. 

4. Accidents in Public Places

Another type of personal injury case is public accident cases, where you get injured due to the negligence and maintenance issues with public properties.

For this type of personal injury case, you will need to sue the government for its ignorance towards the low maintained public properties.

Compensation for Different Kinds of Damages

Your personal injury lawyer will evaluate your compensation based on the kind of personal damages and losses you have incurred during the accident.

Based on the basics of the personal injury law, your lawyer can calculate your compensation for two kinds of damages: economic and non-economic.

• Economic Damages: For economic damages, your monetary expenses and medical bills will be considered. Moreover, if there is any vehicular damage in the accident, it wiil also be cosnidiered for evaluating a fair compensation. So, your entire economic damage will include your financial expenses for your property repairs and your medical expenses.

• Non-economic damages: For non-economic damages, your psychological, mental, and emotional losses will be evaluated. During an accident, you can incur both physical and mental damages. So, your lawyer will consider the value of your emotional and psychological damages to evaluate your total compensation.

Based on the basics of personal injury law, your compensation claim should include proper compensation for both physical and emotional losses. And, your personal injury lawyer can help you to get a fair and full compensation after evaluating your economic and non-economic losses.

Also Read:

• Read This Before Filing Your Personal Injury Lawsuit
• How Medical Records Can Make Or Break An Injury Lawsuit
• Why Should You Get a Personal Injury Lawyer Immediately After a Crash in Arizona?