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04/10/2021

Personal injuries represent bodily injuries and property damage caused by someone else's tort. As an experienced personal injury attorney at Calhoun, Meredith & Sims can explain, tort represents a form of civil wrong that causes a person to suffer loss of harm. Across the US, civil law recognizes three forms of tort: intentional tort (willful intent), negligent tort and strict liability tort. The most common type of tort claims leading to personal injury cases are negligent torts..

If you or a loved one suffered any kind of physical injuries or property damage caused by another person, you should contact Meredith, Calhoun & Sims Law Firm to evaluate your personal injury claim and offer you professional advice.

How Can You Prove You Have a Personal Injury Case?

In order to receive compensatory damages for various types of injuries, you first have to prove that you have a case. In the state of Texas, the existence of a personal injury case requires three key elements:

What Are the Types of Personal Injury Cases?
  • duty of care - the negligent party must have an obligation to act with duty of care towards you
  • breach of duty of care - the claimant must prove that the event that caused their injuries occurred as a result of the breach of the duty of care
  • injuries caused by the accident - the claimant must prove that their suffered physical injury and other types of damages as a direct result of the accident.

In most of the cases, an experienced attorney can prove the existence of these circumstances and reach a personal injury settlement with the other party's insurance company.

The Most Common Types of Personal Injury Cases

In no specific order, these are the most frequent cases handled by personal injury attorneys at Calhoun, Meredith & Sims:

Motor Vehicle Accidents

Motor vehicles accidents refer to a collision between two or more passenger cars or commercial vehicles. In this case duty of care is easy to prove, since all drivers are obliged by law to demonstrate caution on the road. The challenging part in such cases is not proving negligence, but demonstrating that the other party was more than 50% responsible for the crash.

According to the Civil Practice and Remedies Code of Texas, a person is eligible to receive personal injury compensation if they were less than 50% at fault for the occurrence. The monetary compensation will be reduced by the injured person's percentage of fault. Thus, a personal injury victim awarded $100,000 in compensation for pain, medical expenses and other damages, who was 20% at fault for the auto accident, will actually receive $80,000.

Motorcycle Accidents

Personal injury law firms recommend hiring an experienced attorney if you were injured in an accident while riding your motorbike. The bias against motorcyclists existing at all levels in society influences insurance adjusters and they are especially insistent in persuading the victim to settle for a low amount of money.

Given the reduced level of protection a motorcycle offers its rider, motorbike crash victims suffer severe injuries in most of the cases, such as:

  •  spinal cord injuries
  • traumatic brain injury
  • lower limb injuries, sometimes resulting in permanent disability

They require long hospitalization and various surgeries and medical procedures that will result in very expensive medical bills, as well as lost wages and loss of future incomes if the victim is unable to perform their job as a result of their permanent injuries.

Medical Malpractice

Medical malpractice means that a person suffered harm due to the negligent actions, improper treatment, diagnostic errors or any other similar actions or omissions of medical professionals. This covers all type of healthcare staff, including emergency response teams, emergency room staff, doctors, nurses, medical technicians, etc.

In this case, the medical malpractice attorney must prove the negligence of doctors by reference to the acceptable standard of care. This is actually a legal term, not a medical one. It means the level of care a patient may expect from a doctor with the same level of skills and the same type of equipment available. It does not mean the best or most skilled type of care, so dissatisfaction with a certain course of treatment does not represent a case of medical malpractice. Eligible injury case examples include:

  • inappropriate treatment of a condition (prescribing the wrong drugs, failure to prescribe required drugs)
  • surgical errors
  • Failure to diagnose a fatal condition, such as cancer
  • birth damages
  • injuries caused by defective medical devices and equipment.
What Are the Types of Personal Injury Cases?

Workplace Accidents

Workplace accidents represent personal injury cases if they were caused by hazardous conditions, lack of personal protective equipment, defective conditions of machinery, tools and equipment as well as unsafe working conditions.

In any of these cases, an employee who suffered severe injury is entitled to compensation for the costs of medical care through the workers' comp scheme. However, in most cases, insurance companies will attempt to get the case dismissed or settle for a low-ball amount. Experienced attorneys will be able to prove you have a case and conduct settlement negotiations on your behalf until they obtain the maximum compensation you deserve.

Premises Liability

Personal injury accidents that happen at a commercial, public or private property fall under the property liability type of negligent torts. Slip and fall accidents are among the most common reasons for property liability claims against homeowners or commercial property managers.

In this specific case, your legal representation team will have to prove that the property owner or manager had a duty of care towards you and breached it. You are entitle to receive compensation for your accidental injuries if you can demonstrate that you were an invitee or licensee at the property - that it, that you had a legitimate reason to be present at the property. Trespassers are generally not protected by personal injury law beyond the fact that the property owner should not act with willful intent to cause you harm. Children who trespass properties are excluded from this exemption, under the attractive nuisance doctrine.

Product Liability

Product liability falls under the strict tort category of personal injury cases. In this case, the injured person suffered their personal injuries due to a product defect or a dangerous product. There is no need to prove someone else's fault order to obtain financial compensation. The personal injury lawyer only has to prove that:

  • the personal injury accident occurred
  • the other party was responsible for it.

Responsible parties in this case can include manufacturers, retailers and other entities in the chain of distribution of the defective products.

Wrongful Death

Wrongful death claims are filed by the surviving relatives of a person who died as a result of a personal injury accident. In most of the cases, a wrongful death lawsuit occurs as a result of an auto accident, motorcycle accident, bicyclist or pedestrian accident.

In this type of civil lawsuit, the close relatives of the deceased person have a claim for compensation for:

  • funeral expenses
  • loss of companionship
  • loss of future incomes
  • loss of guidance.

A skilled attorney will fight to obtain the maximum wrongful death damages for the bereaved relatives. You must remember, however, that in the state of Texas only parents, children and spouses are entitled to file a wrongful death suit.. Siblings are barred from this type of civil action.

Is An Apartment Complex Liable For Injuries

Hire an Experienced and Innovative Personal Injury Law Firm!

At Calhoun, Meredith & Sims you will always find representation you can trust. Our team of personal injury lawyers is experienced, determined and passionate about fighting for your right to fair compensation.. We work on a contingency basis, thus you don't have to pay us until we win your case.

We know that you may need a free case review at any moment, so we are available 24/7. Call us: 855-664-0273!

Consulta Gratis
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