Depending on the residency of the defendant and plaintiff, lawyers must decide whether state or federal court is the most appropriate venue for personal injury litigation. Although state and federal courts have many […]
There are several potential causes of injury to humans. Injuries are common across the state of Texas due to several causes, including automobile accidents, falls, and even crimes.
Not every injury results in a claim for damages, but victims of some catastrophic injuries have a right to seek compensation via the civil courts.
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? Read on to learn more, and if you have questions about a potential claim, contact a personal injury attorney right away.
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.
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.
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.
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.
Regardless of the ultimate cause, personal injury claims are cases developed when one person is injured as a result of the reckless conduct or carelessness of another. Thus, you may have grounds to file a personal injury claim in Dallas if you were injured in a vehicle accident, bitten by a stranger's dog, or hospitalized after a slip and fall on someone else's property.
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. For instance, business owners must take 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, no matter the circumstances of your claim, your attorney must identify what steps a reasonable person would take in your situation to avoid injuries and other damages and then demonstrate how the individual who caused harm strayed from this standard. To evaluate the obligation of reasonable care in your situation, you will need to speak with a personal injury lawyer in Texas.
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 Law Firm have years of experience helping accident victims who have been wronged by negligent parties. 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) 617-1886. Our Dallas personal injury lawyers will fight tooth and nail to get the most compensation possible for your injuries.
2525 McKinnon Street #550 Dallas, Texas 75201
Phone: (214) 617-1886
Note: The information that was utilized in this post was gathered from the use of secondary sources. This information used has not been confirmed or independently verified. If you locate any information that is not correct, please contact our firm as soon as possible so that we can make the appropriate corrections. If you find any information that is false, we will remove or correct the post immediately after it is brought to our attention.
Disclaimer: As a valued member of the Dallas community, Rasansky Law Firm’s goal is to improve the safety of all residents in the great state of Texas. These posts should not be viewed as a solicitation for business and the information included herein should not be taken as medical or legal advice. The photos used in this post are not representative of the actual crash scene.
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