If you or a loved one has been involved in an accident that was the fault of another party, it is essential to know what kind of personal injury case you have.
One must realize that negligence is the key element to establishing premises liability. It means that one needs to prove several things to win a claim against the property owner or possessor. That is why you need to talk to a Fort Worth, TX premises liability lawyer.
Although most personal injury cases fall into three main categories: car accidents, slip and falls, and medical malpractice, each case varies and can result in different types of damages and penalties.
- Car Accidents
There are two different types of car accident cases: an “At-Fault” case and a “No-Fault” case.
An at-fault case means you were injured in an accident caused by the carelessness or negligence of another person. For example, if you were driving on the highway at 55 mph when another driver abruptly slams on their brakes, causing you to swerve off the road and crash into a tree. The negligent driver who caused this accident is usually responsible for paying for any damages resulting from this incident.
A no-fault case means the injury was not the fault of another person but rather an unfortunate event or circumstance beyond the control of any person. For example, if you are driving on the highway when an animal runs out in front of your car, you slam on your brakes to avoid hitting it, causing another driver behind you to rear-end your vehicle. Although this accident was not the fault of either individual involved, both parties may be held responsible for damages caused by this accident.
- Slip and Fall Accidents
A slip and fall are most often caused by one of three factors: wet floors, unsecured mats or carpets, and poor lighting. Suppose you fall on a wet floor in a grocery store and break your leg because it was not adequately marked as slippery or because the mat was not secured. In that case, the store is responsible for your medical expenses, lost wages, and pain and suffering.
- Medical Malpractice
A medical malpractice case means you have suffered an injury or illness due to treatment by a doctor or other health care professional that deviated from accepted standards in your community. Suppose you are receiving surgery on your knee, and the surgeon accidentally cuts an artery causing you to lose a tremendous amount of blood. In that case, they are liable for medical expenses and any other damages resulting from this injury.
Although each personal injury case varies, a seasoned lawyer will be able to determine which category your case falls under and what damages may apply immediately after being injured. The most important thing you can do is seek medical attention and speak with experienced legal counsel.
Bottom line
In order to win a personal injury case in Texas, you must prove that the other party was at fault for the incident and you were injured because of their negligence. You may be entitled to financial compensation (also known as “damages”) for any medical expenses, lost wages, and pain and suffering if this is true.