Personal injury cases result from physical, emotional, or psychological injuries a person sustains in an incident caused by a negligent party. Commonly, car accidents lead to civil claims, especially when drivers sustain serious injuries.
However, with the help of a knowledgeable attorney, victims can hold at-fault parties financially accountable after accidents resulting in physical injuries and financial losses. Call a hardworking McAllen personal injury lawyer today to schedule a meeting and begin working on your case.
What Accidents Justify Personal Injury Claims?
Motor vehicle collisions, including tractor-trailer accidents, make up nearly half of all personal injury claims in civil court. Other common personal injury cases include the following:
- Medical malpractice
- Defective product injuries, including dangerous drugs and flawed medical devices
- Premises liability, including slip and fall incidents and failure to provide adequate security
- Workplace injuries, such as construction site accidents
- Dog bites and animal attacks
- Wrongful death
Civil lawsuits must establish that a defendant’s negligent actions caused the plaintiff to sustain verifiable damages, which legal counsel can prove using concrete evidence. A seasoned McAllen attorney could answer questions and help prepare an injury case to file with the court.
Damages in Personal Injury Cases
Two types of damages exist in personal injury claims. For example, courts can award economic damages to cover a victim’s out-of-pocket expenses and non-economic damages to cover an injured person’s non-pecuniary losses. These damages could compensate plaintiffs for the following:
- Medical expenses, including physical and psychological therapy costs
- Future healthcare expenses
- Prescriptions and medical devices
- Lost salary and diminished future earning potential
- Pain and suffering
A diligent lawyer in McAllen could prove injury-related losses using bills, receipts, and medical records.
Tort Laws and Regulations
Before suing a liable party for damages resulting from an injury, plaintiffs should be aware of specific laws.
The Statute of Limitations
The statute of limitations imposes the statutory limit on the time a person has to seek damages in personal injury cases. According to Texas Civil Practice and Remedies Code § 16.003, claimants have two years to file suit against defendants to recover compensation for damages. Missing the statute’s deadline will prevent injured people from holding at-fault parties financially accountable for the injuries their actions caused.
The Contributory Fault Rule
Defendants in personal injury cases commonly argue that plaintiffs share fault for an accident. Under the instruction provided by the Texas Civil Practice and Remedies Code § 33.001, Texas personal injury laws follow a modified comparative negligence rule. That said, when a court finds that a plaintiff shares liability for their injuries, they will reduce the victim’s financial award by their portion of fault.
However, if a court finds a claimant shares 50 percent or more legal liability for their accident, the court will bar the plaintiff from recovering compensation. A skilled attorney in McAllen could answer questions about personal injury statutes and help navigate the complex civil court process.
Schedule to Meet a Capable Personal Injury Attorney in McAllen
When someone causes you to suffer harm, you are entitled to hold them financially accountable. Filing a claim for monetary damages could cover your medical care expenses, lost income, and pain and suffering resulting from your injury.
The civil court process is complex for those without legal experience. Fortunately, a dedicated McAllen personal injury lawyer could help you through the civil court procedure and collect the full and fair award amount. When you need help with a case, call to schedule a consultation.