If another person or company has injured you through negligence, carelessness, or even intent, you may have grounds for a personal injury claim against them. While these cases are complex and have numerous legal requirements, a Fort Hood personal injury lawyer can help.
State law allows you to receive compensation, but your time is limited. A dedicated legal team can gather strong evidence in support of your claim and handle the legal details while you focus on your health.
Personal injury is a catch-all term used to cover an area of civil law known as torts. A tort is essentially a wrong or harm committed by one person or entity against another. Personal injury law provides legal protection for parties harmed by these wrongful acts.
Personal injury cases are different from criminal cases due mainly to how guilty parties are punished. In civil cases, such as tort-based claims, the injured party seeks monetary compensation for the injuries they received.
Personal injury cases can range from medical malpractice suits and wrongful death claims to common slip and fall or automobile accident cases. An experienced Fort Hood attorney has seen various types of cases and understands the steps required to file a successful personal injury claim.
In any personal injury claim, it is also essential to establish fault. Under Texas’s modified comparative fault policies, a party’s liability is directly tied to the amount of responsibility they contributed toward the resulting injury. In cases where multiple parties are determined to be at fault, the court will divide liability among the at-fault parties.
Once the court awards damages, the total amount will be divided among the liable parties. The amount each party is responsible for is then directly tied to their level of fault. Because Texas uses a modified comparative fault policy, even someone partially responsible for their own injury may be able to recover damages from another liable party. A Fort Hood attorney can help defend a personal injury victim from allegations of comparative fault and minimize their liability.
Filing the claim on time is an essential first step. An untimely claim can be dismissed by the court, regardless of its strength.
A statute of limitations is a regulation that governs the amount of time an injured party has to file a claim. For the majority of cases, the statute of limitations is directly tied to the date of the accident. However, the deadline can be extended if the victim was not immediately aware of the injury.
According to Texas Civil Practice and Remedies Code § 16.003(a), most personal injury claims must be filed within two years of the date of the accident. In cases where the injured party did not realize the harm, they are allowed two years from the date they knew of the injury but not more than six years from the injury itself. A Fort Hood attorney can properly identify the relevant factors and explain how they apply to a particular personal injury claim.
In civil cases, the court awards damages to compensate the injured party for their physical injuries and the resulting harm. Damages may include monetary compensation for pain and suffering, emotional distress, mental anguish, and more readily discernible harm like medical bills.
Handling a civil case by yourself is a difficult task. Often, a successful claim requires the knowledge and experience of a Fort Hood personal injury lawyer. If you are seeking legal representation in your claim, call to schedule a consultation today.