What is a Personal Injury Case?

“Personal Injury” is part of a large area of the law known as “torts”. Torts are any civil wrong for which the law affords a remedy, other than breach of contract. Torts include any physical, mental or emotional damage done to another for which damages may be assessed, including wrongful death.

Personal injury cases occur when one party is negligent, or fails to act in a manner which a reasonably prudent person would or would not do

There are two major elements to a personal injury case. First, liability, or proving negligence was committed by a party. Your personal injury lawyer will first speak with you to learn the facts of the accident or injury. The attorney will determine the extent of your injuries and the amount of loss suffered. After the initial interview, your personal injury lawyer will obtain medical records and police reports, interview witnesses, and any other information to help prove your successful claim.

Secondly, damages, or proving there were damaging effects as a result of the negligence. Damages may include physical pain, mental anguish such as worry, anxiety, stress, fear, etc., medical bills, lost wages and possible punitive damages. Punitive damages are awarded only for “gross” negligence, malice, or willful and wanton conduct.

Types of Personal Injury Claims | Houston Personal Injury Lawyer

There are three types of wrongful conduct in personal injury claims. They are negligence, intentional misconduct, and strict liability.

Negligence is the most common basis for recovery of losses from an accident. An example is a motorist that fails to stop for a red light and causes an accident as a result of their carelessness. Another example would be a medical professional that causes a patient personal injury as a result of not following established medical procedures.

Intentional misconduct is when someone has deliberately hurt you. This would include physically attacking you, detaining you against your will, or making false statements that might injure your reputation.

Individuals and companies may be responsible for damages under strict liability. Examples would be if you were put in harm’s way due to a company conducting blasting operations or if a neighbor had a wild tiger as a pet. Also, a company may cause personal injury if they have manufactured a defective or dangerous product or drug.

Examples of personal injury lawsuits:

• Auto and truck accidents
• Assault and battery
• Defective product injuries
• False arrest
• Malpractice
• Defective drugs or medical devices
• Birth injury
• Workplace accidents
• Environmental disasters such as oil spills
• Libel and slander

Compensatory Claims in Personal Injury

Personal injury claims are often compensatory which means that they are to compensate the injured party for losses suffered due to the accident or injury. The purpose is to make the victim “whole” again monetarily. This requires putting a dollar value on the damages suffered by the individual. This can be a simple matter with medical bills or reimbursement for property damage. However, it takes a personal injury expert to place a monetary value on pain and suffering or the victim’s loss of enjoyment of life caused by the accident or injury.

Protect yourself by consulting an experienced Houston personal injury lawyer who can help put a dollar value on your injury. You are entitled to compensation for your medical expenses, lost wages, and other expenses. You may also be entitled to claim compensation for any pain, disfigurement, physical damage, embarrassment, lost of enjoyment of life, mental distress, emotional pain, and other psychological injuries.

Don’t Be a Personal Injury Victim | Houston Personal Injury Lawyer

The attorneys and staff at the law firm of D. Miller & Associates, PLLC are fully committed to obtaining justice for our clients by providing aggressive legal representation. Our law firm’s approach to client service is guided by the following principles:

• We will evaluate your case with a free personal injury consultation.
• We strive to return phone calls on the same day they are received.
• Most personal injury cases are handled on a contingency fee basis.
• We offer same-day appointments and will begin working on your case immediately.
• If necessary, we will make appointments at your home or hospital.
• We will not keep you waiting.

Personal injury cases are governed by many complex federal and state laws. These laws are designed to protect the individual from the negligence or deliberate harm of others and to provide recourse in the event of injury. Because these laws vary from state to state, they can be very difficult to interpret. A Houston personal injury lawyer can help you determine your legal rights, give you examples of personal injury settlements and explain your chances of receiving compensation for your losses.

At D. Miller & Associates, PLLC we’ll fight to resolve your personal injury case as soon as possible, and we will do everything in our power to make sure you get the compensation you deserve. If you’ve suffered a personal injury, you need an experienced personal injury lawyer.

Act Quickly to Protect Your Rights | Houston Personal Injury Lawyer

If you have been injured, you may be entitled to compensation, but time is running out, you must act fast. Your case could be subject to the statute of limitations, so don’t delay! Call or contact us as soon as possible, or submit your case today for a free personal injury consultation.

A Houston personal injury lawyer at the law firm D. Miller & Associates, PLLC will evaluate your personal injury case at no cost to you. If we determine you have a personal injury claim, we will handle your case aggressively, and in most situations, you pay absolutely nothing unless we win your personal injury case.

Back to Houston Personal Injury Lawyer