Types of Personal Injury Claims

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Personal injury law is based in tort law. The basic premise of tort law assumes that a person who suffers injuries due to the action (or inaction) of another deserves compensation for the injuries. Texas law recognizes three main categories of personal injury (referred to legally as 'tort' claims) depending on the actions of the party (defendant) who caused your injury: negligence, intentional tort, and strict liability.

1. Negligence cases are the most common. They occur when one party owes a duty of care to another person or people. Everyone has a duty to act with the care and caution that a reasonable person would use under the same circumstances. These include injuries from motor vehicle accidents and slip/fall.

In a negligence case, the plaintiff files a lawsuit stating that he or she suffers an injury as a result of negligence on the part of another party of parties (defendant). A common example of negligence includes driving that results in an accident with another vehicle.

A wide range of accidents are eligible for a personal injury negligence claim. Four groups are: motor vehicle accidents (including cars, trucks, and motorcycles), slip and fall, defective products (also known as product liability), and medical malpractice.

2. In intentional tort claims, an act is committed willfully and purposefully with the intention of causing harm to you or your property. Compare this to negligence, where the other party (defendant) acted without intent to cause harm. Examples of intentional torts are assault and battery. To win this type of case, the plaintiff must prove the defendant committed the tort and intended to cause harm.

3. In strict liability cases, where a company is liable for all damages as a result of manufacturing and/or selling a dangerous or defective product, without the plaintiff having to prove that the defendant was even at fault to prove defendant's liability. The defendant is automatically held liable by a court for the injury based on Texas state law, regardless of whether it knew its act or acts were endangering the injured party. An injured plaintiff does not have to prove that the defendant's action or inaction was either negligent or intentional. The fact that an injury was caused by the defendant's act or failure to act is sufficient for a court to hold the defendant liable for your injuries (or a loved one's death) as a result its action or failure to act.

Regardless of the cause of your injury, the experienced and knowledgeable personal injury attorneys at the Burleson, Texas law firm of Lovelace Killen are ready to answer your questions and represent you in your personal injury claim against the party or parties that caused you harm.

If you have any additional questions regarding a personal injury claim, call our office at 817-447-0053 to make an appointment with Koy Killen or fill out the form on the right for a free consultation.