When an individual sustains an injury because of someone else’s actions, either because that other person was reckless or acted willfully to inflict such harm, the law provides an avenue by which the victim can seek financial recovery. A personal injury case is a civil claim, so it does not focus around an allegation of guilt or innocence.
If you have sustained an injury in a recent accident and someone else was at fault, you should reach out to a Mathis personal injury lawyer to talk through your potential legal recourse. An attorney from the Gutierrez Law Firm could advise whether you have legal standing to bring a case forward and then manage it on your behalf so you can secure compensation.
Overview of Common Personal Injury Claims in Mathis
Personal injury claims can stem from a variety of circumstances, often negligence-based incidents. In other words, if a person is harmed due to another individual or entity’s negligence, they may have a legal right to recover compensatory damages for any resulting injuries.
Many situations that give rise to personal injury claims are road- or traffic-based, including car accidents, motorcycle accidents, bicycle crashes, pedestrian collisions, and truck accidents. Other incidents that can fall into this category of claims can include premises liability incidents (like slip and falls), medical negligence, dog bites, dangerous drug injuries, defective product injuries, and wrongful death.
However, intentional wrongdoing such as acts of violence (like assault or battery) or other criminally prosecutable offenses (drunk driving) that result in physical harm can also lead to a personal injury case. Personal injury claims can allow victims a route to pursue monetary compensation regardless of any criminal penalties imposed on the at-fault party or parties.
A Mathis attorney could evaluate a prospective personal injury claim. They may advise the plaintiff as to their best legal options and what compensation may be available based on their situation.
Negligence in Relation to Personal Injury Laws
Given that many personal injury claims revolve around the victim proving the at-fault party acted negligently, it is important to understand what constitutes negligence in the eyes of the law. Negligence is a four-part doctrine that consists of a duty, breach, causation, and damages.
In other words, the at-fault party must have owed the victim a legal duty, and not only failed to adhere to that duty, but also caused the victim’s injuries and subsequent damages. As an example, a doctor owes their patient a legal duty to apply the accepted standard of care, and if they fail to do so and cause the patient injury, they can be held liable for the patient’s damages.
In certain personal injury cases, such as many product liability claims, another doctrine called strict liability can apply. If the consumer can show that the product was inherently defective and they were harmed as a result, the at-fault entity (such as a drug manufacturer) can be held strictly liable regardless of whether their negligence was a factor.
Texas personal injury laws allow victims to recover a wide range of damages in a case settlement or court award. These damages can include the individual’s pain, suffering, medical bills, lost wages, and more. The success of any personal injury claim and the breadth of compensation available will depend on the specific facts involved. This makes it essential to consult with a Mathis personal injury attorney as soon as possible.
Contact a Mathis Personal Injury Attorney Today
A civil lawsuit can help you hold the at-fault party liable for their negligence and it can allow you to gain financial recovery for your medical bills and other losses.
A Mathis personal injury lawyer is dedicated to preserving your legal rights. To learn more about filing a personal injury claim, call now and schedule a free consultation with our team.