Injury/Death

Texas, Serious Injury Lawyers

Personal Injury and Wrongful Death: If you have been hurt or a loved one has been killed as a result of a car accident, oil and gas explosion, product defect, or other negligent act, you have rights and may be entitled to compensation for your injuries. The personal injury lawyers of Todd Hurd & Associates, in Dallas/Ft. Worth and Lubbock, Texas, have experience in pursuing personal injury and wrongful death claims against insurance companies and negligent parties.

Personal Injury – An Overview
Personal injury lawsuits are filed by injured persons (or their representatives) due to the negligence of someone else. The injury may be either physical, emotional or both, and it can arise from a variety of sources or types of conduct. Some of the most common types of personal injury cases include automobile accidents, slip and fall (premise liability), oil and gas field accidents, product liability, and assaults and battery. In general, the goal of a personal injury action is to determine who was responsible and to compel the responsible party to compensate the injured person for the losses sustained. If you or someone you know has been injured by the careless actions of another, contact a personal injury attorney at our firm to find out how we can help you preserve your rights.

Personal Injury Damages
Personal injury lawyers can help ensure that their clients receive the compensation for damages to which they are entitled by law. Some of the items for which injured parties are legally entitled to compensation include lost wages, past and future medical expenses, damages for both physical and emotional pain and suffering, and damages for disfigurement. Sometimes, a close family member of the injured person, such as his or her spouse, may also be entitled to damages. This award is often referred to as loss of consortium damages, which is intended to compensate the loved one for the loss of the injured or deceased person’s services and companionship.

Other kinds of damages that may be awarded, depending on the laws of the state where the lawsuit is brought, as well as the facts of the particular case, include hedonic damages. These damages are awarded to compensate the plaintiff for the loss of enjoyment of activities that he or she once valued, but can no longer participate in as a result of the injuries suffered. In addition, punitive damages may be awarded when the defendant’s conduct was particularly reckless or egregious and the court or jury determines that the defendant should be punished by paying an amount above and beyond the plaintiff’s actual damages. Punitive damage awards may also serve to deter others from engaging in similar wrongful conduct.

“Legal Causation” of Personal Injuries
Not every injured plaintiff is entitled to recover damages for the injury he or she sustains. Besides the injury, the plaintiff must also establish, through credible and relevant evidence, that the defendant is legally responsible for his or her injuries. The plaintiff must present proof of causation both in terms of actual causation and proximate (legal) causation. Actual causation is determined by literal cause and effect. Whether legal causation is established depends on the facts and circumstances of each particular case or matter in question.

In some personal injury actions, legal causation may be established if the plaintiff can show that the defendant engaged in intentional conduct. This means that the wrongdoer intentionally or purposefully harmed the plaintiff or knew that the conduct in which he or she engaged gave rise to a substantial likelihood that harm would result.

Negligence
Most personal injury actions are based on the concept of fault, called negligence. Under the negligence theory, a defendant is held liable for the results of action, or inaction, when an ordinary person in the same position should have foreseen that the conduct would create an unreasonable risk of harm to others.

The defendant can be held liable for actions taken or for actions that they failed to take. e.g. A driver who fails to stop at a red light and hits another vehicle and injures the other driver or passengers would be liable based on her negligent acts. A property owner who fails to clear the ice and snow from the front steps of a business open to the public may be liable for his inaction if a patron falls and breaks her leg when attempting to enter the premises.

Defenses to Liability in Personal Injury Cases
In some situations, the defendant’s conduct, while questionable, may not give rise to damages. If, for instance, a plaintiff knowingly and willfully chooses to encounter a known hazard, then the law provides that he or she has assumed the risk of injury and therefore the defendant should not be liable. The assumption of the risk theory may apply also in a case in which the plaintiff engaged in a friendly game of tackle football and another player broke his arm; in such a case, the plaintiff may be unable to recover for his injuries because he knew of the risks inherent in the game and willingly chose to encounter them.

The following are some, but not all, defenses to personal injury claims:

Statute of limitations: Statutes of limitations are laws specifically limiting the time period within which a lawsuit must be initiated, or the claim may be extinguished or barred.
Sovereign immunity: Sovereign immunity provides that certain government entities and/or officials can be immune from civil liability and thus bar any claim.
Intentional misuse: Injuries caused by a plaintiff’s intentional misuse of a product may be a defense to liability in a products liability case.
Contributory or comparative negligence: Contributory or comparative negligence exists where the plaintiff’s own conduct caused or contributed to his or her injuries, which can limit or bar a recovery.

A personal injury lawyer can explain these and other defenses to determine whether they apply to your particular case.

Conclusion: Personal injury actions often require a lawyer’s careful examination of the surrounding facts and circumstances to determine whether the defendant is legally responsible for the plaintiff’s injuries. A personal injury attorney at our firm can look at the facts of your case and determine whether you have a legally valid claim, how soon you must act to preserve your rights, and the damages to which you may be entitled.