The law defines personal injury in a specific manner. The legal definition of personal injury refers to any physical or emotional harm because of an act or omission by another person. A personal injury lawsuit is part of tort law.
Types of Personal Injury
Personal injury from a legal perspective is defined as an injury to the mind, body, and/or emotions of an individual or individuals. It does not refer to injuries to property. Personal injury lawsuits are commonly filed against people or entities that cause harm to the plaintiff through circumstances like misconduct, negligence, and strict liability.
Types of personal injury include:
- Lacerations and abrasions
- Fractured, broken, or crushed bones
- Internal bleeding and organ damage
- Pain and suffering
- Mental anguish
Common causes of personal injury include:
- Motor vehicle and aviation accidents
- Slip and fall accidents
- Medical malpractice
- Defective products
- Workplace accidents
- Dog bites
- Nursing home abuse and neglect
- Sexual violence
Factors that Determine the Outcome of a Personal Injury Case
Certain conditions must be met in a personal injury case. That is why you should consult a personal injury lawyer to see if you can bring a claim. A personal injury lawyer will assess your situation to determine the following:
- Did the defendant (the person responsible for your injuries) have a duty of care, such as obeying the speed limit?
- Did the defendant breach this duty of care? (For example, speeding.)
- Were you injured because of this failure to act responsibly?
- Do you have physical, emotional, or economic damages from these injuries?
If these conditions are met, a personal injury lawyer can bring a claim on your behalf. In Texas, the statute of limitations for a personal injury lawsuit is two years from the date of injury.
The personal injury lawyers at D. Miller & Associates, PLLC will first file a claim against the defendant’s insurance. If we cannot reach an acceptable resolution, we are not afraid to bring your case to trial.
If you would like a free case evaluation, please call (713) 850-8600.