When an accident happens and you are injured through no fault of your own, the experience can be life-altering. Beyond the physical and emotional pain, you may rightly be worried about financial burdens from medical bills, lost income, and other expenses. Fortunately, Texas personal injury law does allow you to recover compensation. Your McAllen, TX personal injury attorney can tell you more about Texas law will apply specifically in your case.

What Counts as a “Personal Injury?”

A personal injury, in legal terms, occurs when you suffer harm due to the negligence or intentional wrongdoing of another person or entity.

For example, car accidents caused by distracted driving can lead to personal injuries. Injuries sustained on unsafe premises due to wet floors, poor lighting, or other hazards, could qualify. Other scenarios that might warrant a personal injury claim include harm caused by a healthcare provider’s errors or omissions, attacks by dangerous animals owned by another person, and injuries caused by malfunctioning or poorly designed products.

Proving Negligence

The foundation of personal injury lawsuits is negligence: i.e., who is responsible? To successfully establish a case, you must be able to demonstrate several key elements. Firstly, you need to prove that the at-fault party owed you a legal duty of care, meaning they had a responsibility to act in a way that would not foreseeably cause you harm. For example, all drivers on the road must operate their vehicles in a reasonably safe manner to avoid putting others in danger and doctors must follow the established standard of medical care when rendering treatment.

Secondly, you’ll need to show that the at-fault party breached this duty of care. This occurs when their actions (or lack thereof) fall below the accepted standard of reasonable behavior. This could look like a driver choosing to text while driving or a property owner failing to fix a known safety hazard. You must then demonstrate that the at-fault party’s breach of duty was the direct cause of your injuries and that you suffered actual damages. These damages can include economic losses like medical expenses and property damage. You may also be able to claim non-economic damages for the pain and suffering, emotional distress, or other intangible consequences.

Insurance Claims and Lawsuits

Most personal injury cases involve dealing with the insurance company providing coverage to the at-fault party. Insurance adjusters are skilled in minimizing their claim payouts, and it’s not in their interest to offer the maximum compensation you deserve. Always work with a lawyer who can negotiate on your behalf. The good news is that most claims are resolved in this negotiation stage.

If attempts to reach a fair settlement with the at-fault party or their insurance company fail, however, your case may proceed to trial. During this formal process before a judge or jury, both sides will present their arguments and evidence. Your attorney will advocate on your behalf to prove the other party’s negligence and secure the maximum compensation for the damages you’ve suffered.

Finding the Right Legal Representation

If you have suffered a significant injury due to someone else’s negligence, it’s very important to talk with an experienced personal injury lawyer in Texas. Don’t try to get through this difficult time on your own. Contact the Almaraz Law Firm today. We represent injured people throughout Texas, with offices in Midland, Houston, Laredo, San Antonio, and McAllen, TX.

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