What is a Personal Injury Claim?

November 30, 2021

Reynolds and Reynolds Law Firm

A personal injury case or claim is a legal dispute to determine if someone is genuinely responsible for the damage they caused. For example, suppose you or a loved one has experienced an injury due to misconduct or negligence. In that case, you may be able to file a personal injury claim to receive assistance for recovery costs. There are two main issues of a personal injury claim. They are liability and damages. First, we will walk you through how liability in the form of negligence is proven in court.

Negligence

To be found guilty of negligence, four things must be proven in court: duty, breach of duty, causation, and damages.

Duty

Sometimes relationships can establish legal duty or the nature of the situation. For example, in a relationship between a doctor and a patient, the doctor has a legal obligation to treat the patient competently. Situationally, in a driving accident, a driver has the legal duty to operate a vehicle competently.

Breach of Duty

Breach of duty involves the court analyzing whether the defendant failed to do what a “reasonable person” might do in the situation. The defendant is responsible for breach of duty if an average person would have reacted differently had they had the same information the defendant had at the time of the incident.

Causation

Did the defendant’s actions cause the incident to happen? Could they have reasonably foreseen the consequences that occurred? If the incident occurred due to an unexpected act of nature, the defendant will likely not be held responsible.

Damages

Regarding damages in a personal injury lawsuit, the court is required to order monetary compensation for the plaintiff for medical expenses and property repair. This might also include compensation for lost wages. In addition, if the accident was particularly terrible, major punitive damages can be awarded to the plaintiff to make up for pain and suffering.

Statute of Limitations

The statute of limitations varies based on the type of injury, and it can vary from state to state as well. For example, in Texas, your injuries have a limitation of 2 years, but those resulting from sex crimes have a more extended limitation of 5 years. Libel and slander have a limitation of 1 year. You should contact an expert quickly in the case of an accident resulting in personal injury. You wouldn’t want to miss the window of opportunity to file a lawsuit.

If you or someone you love has been involved in an accident and feel you may qualify for a personal injury claim, don’t hesitate to call Reynolds and Reynolds in Frisco and Plano, Texas, today! It’s important to discuss your accident as soon as possible to receive your compensation. So call us today to find out how Reynolds and Reynolds can assist you in a personal injury claim. Also, don’t forget to follow us on Facebook for more information.