Introduction to Personal Injury Law
Personal injury law, often encompassed under the broader term “tort law,” is designed to provide relief to individuals who have been harmed due to the negligence, recklessness, or intentional misconduct of others. This legal field aims to restore victims to their original condition by compensating for physical and emotional injuries. Personal injury lawyers are pivotal in navigating these complex cases, fighting to ensure victims receive the justice and compensation they deserve.
Kinds of Cases Personal Injury Attorneys Take
1. Car Accident Claims
One of the most common types of personal injury cases involves vehicle accidents. Personal injury lawyers are skilled in dissecting the nuances of each car accident case, focusing on issues like liability determination, the impact of local traffic laws, and damages. Personal injury attorneys help clients manage the aftermath of an accident, dealing with insurance claims, negotiating settlements, and litigating disputed claims in court.
However, personal injury cases are separate from property damage claims. Most personal injury lawyers do not handle the property damage portion of a car crash injury case.
2. Workplace Injuries
Workplace injuries cover a broad spectrum, from slip and fall incidents to long-term exposure to hazardous conditions. Personal injury attorneys advocate for employees’ rights to safe work environments and pursue claims for work-related injuries under workers’ compensation laws. Additionally, they can challenge denied workers’ comp claims or explore third-party lawsuits when injuries are caused by entities other than the employer. Third-party claims from a construction accident are also common for experienced personal injury lawyers.
3. Medical Malpractice Cases
Medical malpractice is a critical area of personal injury law, addressing injuries caused by the negligence of medical professionals. These cases require attorneys to have an intricate understanding of medical procedures and standards of care and the ability to consult with medical experts. Typical claims include surgical errors, misdiagnoses, improper treatment, and pharmacy errors.
Texas enacted strict caps on damages in medical malpractice cases and other burdensome requirements, making a case against a medical provider extremely expensive for an attorney in Texas to handle with damage limits. For those reasons, victims often have trouble finding a lawyer because many personal injury lawyers in Texas will not handle a medical malpractice case.
4. Product Liability Cases
Consumers expect products to be safe and functional. When products fail, causing injury or harm, personal injury lawyers file claims against manufacturers, distributors, and retailers. Product liability claims can stem from defective design, manufacturing defects, or failures to provide adequate usage instructions or warnings.
Product liability cases can be intricate and always involve expert witnesses to prove a defect. Experience in product liability litigation is exceptionally important when picking an attorney.
5. Premises Liability Claims
Property owners have a legal duty to ensure their premises are safe. Premise liability cases include retail businesses, homes, parking lots, and more. Personal injury lawyers help victims of slip and fall accidents, inadequate building security, faulty wiring, and more to claim compensation for injuries sustained due to property owner negligence. In such cases, the defendant can be the owner or occupier of the property who was negligent in some way.
6. Catastrophic Injuries
Catastrophic injuries result in profound life changes, such as spinal cord injuries, severe burns, brain injuries, and other debilitating conditions. These cases demand a comprehensive legal approach due to their complexity and the significant life-long impacts on the victim. Personal injury lawyers play a vital role in securing compensation that addresses long-term care needs, loss of income, and emotional trauma. Our catastrophic injury attorney has been helping the severely injured since 1985.
7. Wrongful Death Claims
In tragic circumstances where negligence results in a wrongful death, personal injury lawyers represent the victim’s immediate family in wrongful death claims. These cases focus on obtaining compensation for funeral costs, lost companionship, emotional trauma, lost financial support, and other impacts on the surviving family members.
Spouses, children, and parents can bring a wrongful death case in Texas. The estate of the deceased can also bring a survival claim through a personal representative if the deceased did not die immediately.
8. Commercial Vehicle Accidents
Due to the size and weight of an 18-wheeler, accidents with large trucks or other commercial vehicles can be extremely devastating to the other vehicles involved in a crash. In 2022, according to the Texas Department of Transportation, Texas had 38,621 commercial vehicle crashes.
Because commercial vehicles may be required to have higher liability insurance limits and the injuries, tend to be severe personal injuries, victims can expect a fight for full and fair compensation for their injuries after a commercial vehicle accident. Violations of trucking safety regulations can be a powerful component of a truck accident lawsuit.
Many trucking companies have dedicated quick response teams to defend the case starting almost immediately. Getting a leading truck accident lawyer to help your family after a trucking injury accident is vital to civil justice.
9. Motorcycle Accidents
Most motorcycle crashes happen because the other vehicle cannot see the rider. These accidents tend to be severe as far as injuries are concerned because of the lack of protection from an impact on another vehicle. Traumatic brain injury, spinal cord injuries, and other catastrophic types of injuries are common with the motorcycle accident.
Insurance companies often blame shift to try to reduce the amount they must pay for personal injury from a motorcycle crash. Finding an attorney who successfully prosecutes motorcycle accident injury cases is key to protecting your rights.
Damages for Personal Injury Cases in Texas
If another person’s negligence injures you, that party may be liable for your damages and compensation. Texas provides remedies for personal injury victims to seek compensation by filing a civil claim in court.
Here is a list of damages that are available in Texas for personal injury cases:
- Costs of reasonable and necessary medical care
- Reduced earning capacity or lost wages.
- Physical disability
- Physical impairment
- Pain and suffering
- Mental anguish and emotional distress
- Loss of consortium
- Loss of enjoyment of life
- Disfigurement
In Texas, personal injury damages are categorized as economic or noneconomic damages. Consult an experienced personal injury attorney when calculating damages or negotiating a settlement. Many attorneys offer free consultations, and it is usually a good idea to take advantage of that offer if you are considering making a claim.
Contact Our Personal Injury Law Firm for a Free Consultation.
Getting an experienced personal injury attorney should be a top priority for anyone injured in an accident due to the negligence of another. The earlier you get an experienced attorney involved in your case, the better for your claim. Call Baumgartner Law Firm today for a free case evaluation and learn about your rights options and next steps.
About Our Law Firm
Baumgartner Law Firm is a top-rated Houston personal injury law firm headed by Greg Baumgartner.
Our personal injury law firm was established in 1985 and has helped thousands of injury victims get maximum compensation for their cases. If you have been injured in an accident in Houston, TX, contact us for a free, no-obligation consultation. (281) 587-1111.
Since 1985, Baumgartner Law Firm has limited our law practice to serious personal injury cases. Our legal team has won maximum compensation for thousands of accident victims and recovered millions of dollars for real people like you.
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Helping these areas around Houston
Houston, Sugar Land, Conroe, The Woodlands, Cypress, Spring, Humble, Katy, Atascocita, Kingwood and Tomball.
