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Try as we might, preparing for every possible accident is just not possible. Sometimes, accidents are out of our control, but that does not mean we have to accept the consequences lying down. If you were injured in an accident caused by another person’s carelessness or negligence, you should speak to a lawyer about possibly filing a personal injury lawsuit.
The term “personal injury” describes legal claims related to bodily harm. If your accident left you with a physical injury, you might have a valid personal injury claim. The only way to know for sure is to speak to a lawyer. If you have a valid claim, you should start preparing your case soon, as you have a limited time to file. If you do not file your case on time, you might not be able to recover any damages, which might be substantial depending on the severity of your injuries. Whether your injuries are minor or major, you deserve justice and fair compensation.
Get a private case review for free from our Fort Worth, TX personal injury attorneys at The Queenan Law Firm, P.C. by calling our offices at (817) 476-1797.
How to Tell if You Have a Personal Injury Claim in Burleson, TX
People sometimes use the phrase “personal injury” to describe any loss a person might experience because of another person’s bad behavior. However, not every loss is considered a personal injury. Personal injury claims must include bodily harm. Below are a few examples of personal injury cases our legal team has handled.
Brain and Spine Injuries
Some accidents lead to traumatic injuries that come with long-term or even lifelong complications. For example, you might be badly injured in an accident and have serious brain or spinal cord injuries. These kinds of injuries often leave victims with permanent disabilities. A spinal cord injury might leave you permanently paralyzed. A brain injury might come with cognitive impairments and interfere with your ability to live independently. These personal injuries often warrant substantial compensation.
Defective Products
Some injuries are not caused by another person, at least not directly. Instead, a person might be injured by a defective product or good they purchased. For example, if someone purchased a circular saw for a home renovation project and the saw malfunctioned, the person might be badly cut. In such a case, the injured victim can sue the manufacturer of the faulty saw. Not only that, but it might be possible to sue numerous other parties involved in the chain of sale, including retailers.
Vehicle Collisions
One of the most frequently occurring types of injury cases is vehicle collisions. Accidents on the road are so frequent that they happen almost every day. While some people are not badly hurt and might be covered by insurance, others are not so fortunate. If insurance is unavailable or your claim is denied, our personal injury attorneys will help you file a lawsuit to recover damages. In some cases, a lawsuit might be preferable to an insurance claim, as insurance claims are limited based on the policy terms. In a lawsuit, your damages are not limited by any insurance policy.
How Long You Can Wait Before Filing a Personal Injury Case in Burleson, TX
It is normal for injured victims to spend time recovering from their injuries before they initiate legal action. What many people do not realize is that their time to file a personal injury case is limited by the statute of limitations. According to Tex. Civ. Code. Prac. & Rem. Code § 16.003(a), you have only 2 years from the day the accident occurs to file your case in court. If you do not file your case on time, you risk losing your right to file it at all.
It might be possible to have the statute of limitations tolled, thereby buying you more time. Tolling may be possible under § 16.001(a) for people who were minors when they were injured or were experiencing a mental condition or disability that prevented them from understanding their injuries and rights. If we can have the statute of limitations tolled, your time limit would not begin until you turn 18 or your disability is removed.
One important caveat to remember is that tolling for disabilities is only possible if the disability existed at the time of the accident. Disabilities arising after the limitation period begins may not be used to toll the statute of limitations. Talk to a lawyer if you are unsure whether you have a disability or do not know exactly when it began.
Recovering Damages for Personal Injuries in Burleson, TX
Damages in a personal injury case are unique to each plaintiff. The more serious your injuries are, the higher your damages will likely be. Talk to a lawyer to get a more accurate idea of what your damages might be worth and how to claim them in court.
Compensatory Damages
Damages that are designed to make up for things you lost and unpleasant or painful experiences you endured are referred to as compensatory damages. Usually, compensatory damages are divided into two categories: economic and non-economic damages.
Economic damages are comprised of the financial expenses you incurred as a direct result of the accident. A major contributing factor to economic damages in many cases is hospital bills. Even one visit to the hospital can be expensive. Some injuries are so serious that plaintiffs must continue seeing doctors for a long time, leading to extremely high costs. Additional economic damages may include the cost of any property or personal belongings that were destroyed in the accident. If you cannot return to work after being injured, your lost wages may also be claimed.
Non-economic damages include claims for pain, emotional distress, suffering, and other painful yet subjective experiences. Since these damages are not related to monetary costs, the jury must decide how much they are worth.
Exemplary Damages
Exemplary damages are awarded to punish defendants and deter future wrongdoing. According to Tex. Civ. Prac. & Rem. Code § 41.003(a), plaintiffs claiming exemplary damages must prove by “clear and convincing evidence” that the defendant caused their injuries by fraud, gross negligence, or malice. This is a high burden of proof and may be difficult to satisfy. As such, exemplary damages are less typical and tend to be awarded only in cases where the defendant’s actions are especially shocking or outrageous.
Under § 41.008(b), exemplary damages are limited in one of two ways. First, they may be limited to an amount equal to twice the value of economic damages plus an amount equal to non-economic damages, not to exceed $750,000. Alternatively, exemplary damages may be limited to $200,000. Generally, whichever limitation is greater may apply.
Get Help From Our Burleson, TX Personal Injury Attorneys
Get a private case review for free from our personal injury attorneys at The Queenan Law Firm, P.C. by calling our offices at (817) 476-1797.