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What Is a Personal Injury Claim?

What Is a Personal Injury Claim?

If you or a loved one were seriously injured in an accident that was the result of careless misconduct or negligence, then you are entitled to file a personal injury lawsuit to recoup your losses and seek compensation for financial burdens and physical or emotional suffering related to the accident.

Personal injury cases are legal disputes to determine if someone is legally responsible for the harm they caused. The plaintiff in a personal injury lawsuit is the person who is injured while the defendant is the person the case is brought against. A personal injury lawsuit has two basic issues, liability, and damages.

Negligence is a legal theory that must be proved to hold a defendant legally responsible in personal a injury lawsuit. To establish negligence, four things must be proven in court:

  • Duty: Depending on the circumstances, the relationship between the plaintiff and defendant might establish a legal duty. For example, a doctor owes their patient a legal duty that obligates them to provide competent medical care, while drivers have a legal duty to operate a motor vehicle safely and exercise a certain level of caution.
  • Breach of Duty: This involves the court looking at whether the defendant breached their duty by doing or failing to do what a "reasonably prudent person" would in similar circumstances. Essentially, the defendant is negligent if the average person would have acted differently if they had the same information the defendant had at the time of the incident.
  • Causation: This requires proof that the defendant's negligence actually caused the injury and whether they could have reasonably foreseen that their actions would likely cause an injury. If the injury was the result of an unexpected act of nature, then the defendant likely won’t be liable.
  • Damages: This element of the lawsuit requires that the court order compensation for the plaintiff through monetary compensation for expenses like medical care or property repair. Damages can also include compensation for lost wages and earning capacity. If the negligent conduct of the defendant was particularly egregious, then punitive damages can be awarded to make up for pain and suffering.

Our Personal Injury Team Is Here to Assist You

At Daspit Law Firm, we know that few things are worse than suffering a severe injury or losing a loved one in a devastating accident. That is why we are committed to using our superior legal skills and extensive resources to serve clients all across the state of Texas who need help holding negligent parties accountable for their actions. Our personal injury lawyers are here to help victims and families overcome these tough times through our vigorous advocacy, so please reach out to us today.

Call (888) 273-1045 or contact us online to set up a free case consultation with our compassionate legal team.