YOUR GUIDE TO
Texas Personal Injury Claims
If you have been injured because of someone else’s negligence, you may have a personal injury claim. This guide will help answer your questions.
What is personal injury law?
Personal injury law handles disputes caused when one person is injured because of another's negligence or wrongful conduct.
Personal injury cases involve:
A private plaintiff seeking damages and a defendantdefending againstliability.
What is the duty of care?
general duty of care
is the most basic duty. It is the obligation to act in a way that avoids causing harm or putting others at risk.
A defendant could "assume" a duty of care by acting to assist a plaintiff, for example, and in doing so, assuming additional legal duties.
ASSUMED DUTY OF CARE
How do I know whether I have a case?
Proving negligence is key to pursuing a successful personal injury case. Four factors go into proving negligence.
Did the defendant breach of that duty?
Did the defendant owe a legal duty to the plaintiff?
Did the plaintiff suffer harm (an injury)?
Was the harm caused by the breach?
What damages are available?
In Texas, there are two types of actual or “compensatory” damages: economic and non- economic.
Economic damages are measurable and are intended to compensate a claimant for actual economic or pecuniary loss.
EXAMPLES OF ECONOMIC DAMAGES:
Medical expenses in the past and future
Loss of earning capacity in the past and future
Non-economic damages are more subjective in nature. Examples of non-economic damages include:
Mental anguish in the past and future
Physical pain in the past and future
Physical impairment in the past and future
Both economic and non-economic damages are crucial to ensuring that an accident victim is fully compensated for their physical and emotional injuries.
Consult with an attorney
At The de la Garza Law Group, we know that no two cases are the same. Every client is special. Every case is personal.
Schedule a Consultation
If you have been injured by someone's negligenct, contact The de la Garza Law Group today.