Suffering injuries due to another person’s careless or reckless acts can be difficult to accept. While accidents happen, it is reasonable to become frustrated when facing hardships due to another person’s negligence. Thankfully, you have the right to hold that negligent person accountable through a personal injury claim.
A Richardson personal injury lawyer could help you seek monetary compensation and a measure of justice from the person that caused your injuries. Whether you were hurt in a car accident or a botched medical procedure, the right legal counsel could guide you through the personal injury claims process. Contact the Underwood Law Office today for your free initial consultation to discuss your legal options at (972) 535-6377.
Common Types of Personal Injury Cases
Personal injury cases cover a broad range of potential circumstances. While car accidents make up the largest share of these claims, an injury that results from the negligence of another person or entity could qualify. These personal injuries could occur on a public street, in a private residence, or in the parking lot of a local business. The most common types of personal injury claims include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Medical malpractice
- Violent assault
- Trip and fall accidents
- Occupational hazards
- Defective products
- Construction accidents
These accidents can have long-lasting or even permanent health consequences. In many unfortunate cases, the injuries are fatal. According to the National Safety Council (NSC), accidental injuries are the third leading cause of death in the United States.
Despite surviving, accident victims with non-fatal injuries can face an uphill battle as well. The cost of treating severe injuries can be overwhelming for most people. These costs are often compounded when the injured person is unable to return to work. A Richardson personal injury lawyer could help alleviate the financial pressure by pursuing monetary compensation from the at-fault party. Contact the Underwood Law Office to discuss your injury case today by calling (972) 535-6377.
For a free legal consultation with a personal injury lawyer serving Richardson, call (972) 535-6377
Proving Negligence in a Personal Injury Claim
All told, Americans visit a physician for unintentional injuries more than 39.5 million times per year, according to the National Center for Health Statistics (NCHS). Not every unintentional injury will result in a successful claim for compensation, though. For an injury victim to succeed with their claim, they must establish that the at-fault party acted negligently.
Negligence includes any intentional, careless, or reckless act that results in the injury of another person. Under state law, there are four elements a plaintiff must establish to prove negligence. These elements include the existence of a duty of care, the breach of that duty, a causal link between the breach and the victim’s injuries, and damages.
Proving that a duty of care exists is easier in some cases than others. In many personal injury claims, there is little doubt a duty exists. For example, in a car accident case, the existence of a duty is rarely at issue. All motorists hold a duty to operate their vehicles in a safe manner. The question of a duty of care is more complex in cases involving sports injuries or slip and fall accidents.
Once a plaintiff establishes a duty existed, the next step is to prove that the defendant breached that duty. A breach can occur in countless ways. In vehicle accident cases, it often involves some sort of moving violation. With slip and fall accidents, a breach usually includes the failure to address a known hazard. Whether or not the defendant breached their duty of care is a central issue in most personal injury claims.
The third element requires the plaintiff to link their personal injuries with the actions of the defendant. A defendant is only responsible for injuries resulting from their breached duty.
Finally, a successful injury claim requires measurable damages. Examples of measurable damages include medical bills, lost wages, or pain and suffering.
Richardson Personal Injury Lawyer Near Me (972) 535-6377
Measurable Damages for Personal Injuries
Measurable damages come in many different forms. In general, any injury resulting from another individual’s negligence could result in compensation. These damages fall into two broad categories: economic and non-economic damages.
Economic damages are not difficult to measure. They involve demonstrable losses that could be established through repair bills or invoices. Some common economic damages include medical bills and lost wages.
Non-economic damages are not clear cut. These damages are subjective, with no uniform way of proving their value. Compensation for pain and suffering is the most common type of non-economic damages in a personal injury claim.
Both economic and non-economic damages could be available to an injury victim. Some of the most common forms of compensation in these cases include:
- Medical Bills. Medical bills are often central to a personal injury claim. Serious injuries are costly to treat, but a successful injury claim can defray those costs. This compensation can cover the cost of ambulance rides, emergency room visits, follow-up care, surgeries, and medical devices just to name a few examples.
- Property Damage. Many injury victims also see their personal property sustain damage in an accident. This could include anything from a watch to a vehicle. A defendant could be required to cover the cost of repairing or replacing the damaged property.
- Lost Wages. Missing time away from work can be costly, especially for hourly workers who are forced to miss out on paychecks during their recovery. A plaintiff could pursue compensation for these missed paychecks.
- Pain and Suffering. The physical pain that comes with an injury is also compensable. Proving the value of a pain and suffering claim requires a plaintiff to show how the pain has impacted their quality of life.
Learn More About How a Personal Injury Attorney Can Help You During a Free Consultation Today
The steps you take immediately after a serious injury are vital. Not only can the decisions you make impact your health, but they can also affect your odds of recovering compensation for your injuries.
Choosing a Richardson personal injury lawyer is one of the most important decisions you will make following an accident. The right attorney can aid you in every step of the claim, from investigating your injury to filing a lawsuit on your behalf. To discuss your claim in detail, call (972) 535-6377 for a free consultation with the Underwood Law Office.
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