Personal Injury Cases: Using a Houston Personal Injury Lawyer to Obtain
the Help You Deserve
What Defines Personal Injury Cases?
The area of the law that covers personal injury concerns how individuals go about seeking compensation for physical and/or emotional injuries suffered as a result of the conduct of another person. In order to be successful, a Houston personal injury lawyer has to prove three things:
- Liability or Negligence: The failure to use reasonable care or to react similarly to how a
reasonable person would have under the same circumstances. - Causation or Responsibility: Responsibility for an injury to another means that an individual owed another person care, that person violated that duty (acted “negligently”), the breach of care caused injury and damages resulted.
- Damages: Recoverable damages after an injury may include medical bills, income loss, property damage and emotional distress, among others. The value of the loss must be clearly discernible; otherwise the court cannot place a value on the loss.
What Must a Personal Injury Attorney Prove?
In other words, the personal injury attorney must prove that the defendant is legally responsible for your injuries before winning an award. There are three acts (or failures to act) that may interfere with an individual’s freedom to enjoy their personal and property rights. These acts, also called “torts”, consist of the following:
- Intentional Misconduct: Intentional misconduct may involve assault, battery, privacy invasion or causing emotional distress on another person. Typically, insurance doesn’t cover intentional acts, so they are not a major aspect of personal injury cases.
- Strict Liability: This type of tort is limited to product malfunctions and failures.
- Negligent Misconduct: Negligent misconduct is the major portion of a personal injury attorney’s practice. This type of tort involves what is usually called an accident, such as an automobile crash, work place incidents and the like.
Regardless of the type of tort you have, the most important aspect of these types of cases is the willingness on the injured party to act quickly. You have a very short window of opportunity to seek remedy for your loss, as the statute of limitations can be as short as a year.
Walker Texas Attorney
James S. Walker has been a practicing Houston personal injury lawyer for over 20 years. The Walker Texas Attorney firm handles personal injury cases such as catastrophic injuries, workers compensation, construction accidents, brain injuries and more. We are experienced in proving liability and seeking the damages that our clients deserve. When you need an attorney who will truly listen to your case, as well as one who is tough enough to fight your cause in court, look no further than the skilled attorneys at Walker Texas Attorney.
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