In one recent year, 539,278 lawsuits were filed in Texas for civil and administrative reasons. But what are the most frequently filed claims in Texas and common types of personal injury? Read on to learn more, and if you have questions about a potential claim, contact a personal injury attorney immediately.
Common Types of Personal Injury Claims in Texas
Automobile accidents are the leading cause of personal injury claims in the United States. Given that the vast majority of individuals have access to several cars, this is not shocking.
Thousands of cars might be on the road at once in certain major cities. Of course, Texas is no exception. There were 37,333 reported vehicle accident claims last year, an all-time record for a single year. Though car accidents make up the vast majority of personal injury cases, a handful of other personal injury claims are also common in Texas.
Medical Malpractice and Personal Injury
The incidence of medical malpractice is on the rise nationwide. Most of the time, it’s likely that physicians and other healthcare providers succumb to stress and pressure, leading to potentially catastrophic errors. Since 2012, the number of medical malpractice lawsuits filed in Texas has steadily increased.
That said, Texas restricts the amount of money that may be awarded in medical malpractice claims, joining the other 31 states in the United States that do so. Enacted in September 2003, Texas’ damage caps limit compensation for pain and suffering in medical malpractice cases to $250,000 total. However, reimbursement for medical expenses and lost pay is unlimited.
Injury Claims For Workplace Accidents
Accidents on the job often happen in Texas as well. While most jobs are safe, those involving the use of heavy machinery, such as the construction industry, have a disproportionately high number of injuries per worker.
Unfortunately, all too many companies fail to provide enough staff training. Texas, which ranks among the largest in the country, is expanding its residential and commercial infrastructure to meet demand, which will likely result in a higher number of these incidents as time goes on.
Premises Liability and Personal Injury in Texas
So, what is premises liability? A property owner may be considered “at fault” under premises liability law if someone is injured on private property.
The duty of care owed by a company or an individual homeowner to a visitor to their property might vary based on factors such as the nature of the property, the specifics of the incident, and the identity of the visitor who was wounded. For instance, slip-and-fall lawsuits are quite prevalent as a subset of premises liability proceedings in Texas.
Safety should always be top of mind for business and property owners, but a slip-and-fall can result from something as simple as a missed leak or spill on the floor. From there, customers may be hurt if they slip and fall, and a store hasn’t taken the necessary precautions to fix or clean up an area or post a sign warning visitors or invitees of the dangers.
Claims for personal injury are filed when one party suffers damages or harm due to the negligent or wrongful actions of another party. Therefore, whether you were hurt in a car accident, bitten by a dog, or required medical attention after tripping and falling on someone else’s property in Dallas, you may have grounds to file a personal injury claim.
How is a Duty of Care Defined?
The core element that your attorney must show is the applicable duty of care in your case. A duty of care is the responsibility to prevent causing harm to another individual by taking appropriate measures. For instance, drivers have a responsibility not to drink and drive and to operate their vehicles safely.
In certain cases (such as the one described above), the duty of care is straightforward to prove since there are laws and regulations against drunk driving in Texas. On the other hand, some circumstances are less clear. As an example, most business owners are expected and held to a standard of taking reasonable measures to guarantee the safety of their consumers, although this need is open to interpretation.
Keep in mind that, thanks to modified comparative fault laws in Texas, you may only obtain compensation for damages suffered in an accident if your portion of the fault is less than 50%. Again, regardless of the specifics of your case, your attorney has to determine what precautions a reasonable person would take in your situation or how a reasonable party might behave to prevent injuries and other hazards and then establish how the person who caused your losses deviated from this standard.
This essentially helps to prove that the person who caused you harm was negligent. In order to determine whether or not another party has a duty of care to exercise in your accident, you will need to consult with a personal injury attorney.
Call the Rasansky | McKenzie Law For Personal Injury in Dallas
There’s no denying that tens of thousands of families in Texas and the Dallas region are affected by car accidents and other forms of personal injury. While many of the victims only sustain minor injuries, some are rendered permanently unable to work as a direct result of the tragedy.
Thankfully, our attorneys at the Rasansky | McKenzie Law have years of experience helping accident victims whom negligent parties have wronged.
Our empathetic, seasoned attorneys provide sound advice to help our clients get the fair treatment they deserve from the legal system. We are prepared to review the specifics of the situation, compile the relevant information, and evaluate your legal alternatives. For a no-cost first review of your case after a personal injury in Texas, please dial (214) 651-6100. Our Dallas personal injury lawyers will fight tooth and nail to get the most compensation possible for your injuries.