Types of Personal Injury Cases
An Explanation of the Various Types of Personal Injury Cases
In the state of Texas, there are three categories that all personal injuries fall into; they are Intentional Torts, Strict Liability, and Negligence. Any type of accident, be it a work injury, a car accident, or a product liability injury, will be classified as one of these three.
Each category has different standards and processes for obtaining compensation. The Texas attorneys at our Law Office are here to help you understand the differences and determine what type of personal injury you have suffered.
Negligence is the most common of personal injury cases. Citizens have an obligation to adhere to certain laws, such as traffic laws, and practices. When they break these laws, by speeding for example and cause another person harm they are held legally responsible for the damages they caused. Texas law states that we are legally culpable for our actions and have a duty not to put another person in danger. More on this website
Proving negligence is not always as easy as pointing a finger and saying, “It’s your fault.” If you or a loved one has been hurt by another person’s negligent behavior, the attorneys at our Law Office have 20 years of experience in helping victims get the compensation they deserve and bringing the guilty parties to justice.
Strict liability often relates to faulty products or product liability injuries. When a company manufactures and distributes a product they are directly responsible for any injury incurred as a result of the use of their product. For example, if a car seat company makes a faulty car seat and a child is hurt because of it, the car seat maker is held liable and responsible for the damages. The manufacturer did not directly cause the injury, but as a result of their connection to their product, they are held to be at fault by default. The expert Personal Injury Attorneys at our Law Office can help you ensure that you receive the maximum compensation from a company after the use of their product brought harm to you or your loved one. More here on this website
Intentional torts go beyond negligence in that the act that caused harm to the victim was intentional. Every citizen has an obligation not to act in such a way as to put another person in danger. If someone is injured as a result of someone’s failure to observe this duty, the victim can sue for personal damages.
Intentional acts of violence are often handled through criminal courts, but in the state of Texas, a victim can file a personal injury lawsuit as an intentional tort in civil court. If you or a loved one has been directly harmed by another person, you can seek compensation for the damages suffered.
The O.J. Simpson trial is the most famous example of an intentional tort case. Simpson was acquitted of the criminal charges relating to the death of his wife Nicole Brown-Simpson, but the family of Ms. Brown successfully filed a civil suit against Simpson. The family received a large settlement after the courts judged that Simpson had committed an intentional tort against Ms. Brown that brought about her death.
It is also important to remember that an intentional tort case is filed against an individual. Insurance policies do not cover intentional tort claims. For example, if you are hurt as a result of slipping on someone’s stairs entering their home, you could file a suit against their homeowner’s insurance. In the event that the actual homeowner deliberately hurts you, you can file an intentional tort against the individual but not against the homeowner’s insurance.
In either situation, it is best to get qualified legal counsel, such as the experienced lawyers at our Law Office can provide. We are proud to boast of 20 years of experience in successfully helping people get the justice they deserve after suffering a personal injury.