Justia Lawyer Rating
Justia Lawyer Rating
National Bar Association
Fort Bend County Bar Association
State Bar of Texas
HLA
United States District Court of Southern Texas
Texas Supreme Court
Avvo Reviews Badge
Texas Bar College
Expertise Best of 2024

Understanding Severe Injuries: A Texas Personal Injury Perspective

Understanding Severe Injuries: A Texas Personal Injury Perspective Severe injuries can change lives in an instant, leaving individuals grappling with physical, emotional, and financial challenges. In Texas, where the legal landscape surrounding personal injuries can be complex, understanding how to navigate these challenges is crucial for those affected. This article aims to shed light on severe injuries from a Texas personal injury perspective.

Personal injuries encompass a range of incidents, but severe injuries stand out due to their significant impact on daily life. These can include traumatic brain injuries, spinal cord damage, and serious fractures, often resulting from accidents like car crashes, falls, or workplace incidents. Recognizing the common causes and types of these severe injuries forms the foundation for understanding your rights and options in Texas.

Timing is everything when it comes to personal injury claims, as there are crucial steps to follow after an incident occurs. From taking immediate action and documenting the injury to seeking medical attention and understanding liability, each step plays a vital role in building a successful case. In this article, we will explore these elements in detail, along with the importance of adhering to Texas’s statute of limitations for personal injury claims.

Definitions and Classifications of Personal Injuries

In Texas, personal injuries refer to any harm done to a person's body, mind, or emotions. These injuries can come from accidents, intentional acts, or negligence. Personal injury law focuses on who is at fault and what damages are owed. Damages are often classified as either economic or non-economic. Economic damages deal with financial losses, like medical care costs and lost wages. Non-economic damages cover emotional distress, mental anguish, and loss of enjoyment.

Personal injuries can be classified based on severity and source. Some injuries heal quickly, while others can lead to disability or even death. This classification helps in determining the kind of compensation an injured person might receive. Compensation often aims to make the injured party whole again.

Types of Severe Injuries

Severe injuries greatly affect an individual's life. Some common types include:

  • Traumatic Brain Injuries (TBIs): These can result in memory loss and cognitive issues.
  • Spinal Cord Injuries: These might lead to paralysis or loss of mobility.
  • Severe Burns: Can cause scarring and require extensive medical treatment.
  • Multiple Fractures: These can limit movement and often need surgeries.
  • Organ Damage: May affect one's ability to live normally.

Understanding these types helps in assessing the right medicare care and compensation needed.

Common Causes of Severe Injuries

Several factors can lead to severe injuries. Recognizing these causes aids in prevention and legal actions. Common causes include:

  • Car Accidents: A leading cause of severe injuries in Texas.
  • Workplace Accidents: Poor safety measures can lead to serious harm.
  • Slips and Falls: These can occur due to unsafe premises.
  • Medical Malpractice: Errors by healthcare providers may result in severe outcomes.
  • Defective Products: Faulty goods can cause unexpected injuries.

Each cause often involves different parties and legal processes, including the insurance companies and personal injury attorneys. Victims should consider seeking legal advice to understand their rights and pursue fair compensation for their injuries.

Steps to Follow Post-Injury

When you sustain an injury, it's crucial to take the right steps. These actions can help protect your rights and ensure you get fair compensation. Follow the recommendations below to safeguard your health and financial well-being.

Immediate Actions after an Injury
  1. Ensure Safety: First, make sure you're in a safe location away from further harm.
  2. Check for Help: If you're with others, see if anyone else is injured. Call for emergency assistance if needed.
  3. Notify Authorities: Report the incident to relevant authorities, like the police or workplace supervisor. This creates an official record of the event.
  4. Exchange Information: If applicable, exchange contact and insurance details with the fault party. This is crucial for any future personal injury claims.
Documenting the Injury

Keeping good records is vital in a personal injury case. Here's what you should do:

  • Take Photos: Document your injuries and the accident scene from different angles.
  • Collect Witness Information: Get the names and contact numbers of anyone who saw the incident.
  • Maintain a Written Account: Write down everything you remember about the accident. Include details like the time, place, and conditions.
Seeking Medical Attention

Your health should be your top priority following an injury. Here's a list of actions to ensure you receive proper medical care:

  • Visit a Doctor Promptly: Even if injuries seem minor, an early medical evaluation can catch hidden injuries.
  • Follow Medical Advice: Adhere to any treatment plans or follow-up appointments prescribed by your healthcare provider.
  • Save Medical Records: Keep copies of everything related to your medical care, such as doctor’s notes and treatment receipts. These documents are essential if you pursue a personal injury lawsuit.

Remember, taking these steps can strengthen your personal injury claims and help you navigate the legal process effectively.

Understanding Negligence and Liability

Understanding negligence and liability is key in personal injury cases in Texas. Negligence occurs when someone fails their duty of care to another person, leading to injury.

Key Elements of Negligence:
  1. Duty of Care: The obligation to avoid causing harm.
  2. Breach of Duty: Failing to meet this obligation.
  3. Causation: The breach directly caused the injury.
  4. Damages: Actual harm or loss suffered by the injured person.

In Texas, to hold a party liable, one must prove these elements. A personal injury lawyer can help gather evidence to support the claim. Liability means being responsible for compensating the injured party for their losses.

Types of Damages:
  • Compensatory Damages: For medical care, financial losses, and property damage.
  • Non-Economic Damages: For emotional distress and mental anguish.

The injured person may also seek punitive damages or exemplary damages if the fault party acted recklessly. Always consider the statute of limitations, which is generally two years in Texas for personal injury claims. Understanding these principles can guide you through the legal process toward a fair settlement.

Statute of Limitations for Personal Injury Claims in Texas

The statute of limitations is a law setting the time frame to file a lawsuit. In Texas, this period is typically two years for personal injury claims. This means an injured person has two years from the date of the injury to start their legal process. Filing within this period is crucial for a fair settlement. If you miss this deadline, your right to seek compensation may be lost.

Importance of Timely Filing Claims

Filing your claim on time protects your right to seek compensatory damages. These may include medical care costs, financial losses, emotional distress, and more. Personal injury attorneys stress the importance of acting quickly. Here are some key reasons:

  • Preservation of Evidence: Evidence can fade or be lost over time. Timely claims help maintain medical records and other vital information.
  • Witness Availability: Ensuring witnesses are available and memories are fresh.
  • Legal Team Preparation: Allows your legal team enough time to strategize your case.

Ignoring the statute of limitations can weaken your claim. Timely action can lead to fair compensation and resolution of personal injuries.

Get Help from an Experienced Personal Injury Lawyer in Texas

An experienced personal injury attorney in Harris County, Galveston County, Fort Bend County, Montgomery County, Brazoria County, Houston, Sugar Land, Missouri City, and Stafford, Texas at Thornton Esquire Law Group, PLLC will take over the case from the very beginning and make sure that you receive fair compensation for your injuries. A personal injury lawyer will help you recover medical expenses, lost wages, pain and suffering, and other losses due to the accident. Contact us today at www.thorntonesquirelawgroup.com for a free case evaluation consultation.

Client Reviews
★★★★★
Selecting an attorney can be one of the most difficult decisions a person has to make. In what seems like an overwhelming sea of attorneys who do you choose? Are they qualified, compassionate, and are they willing to fight for you without compromising their integrity? When faced with this decision in 2016 I received this and more when I retained Rahlita Thornton as my attorney. Since 2016 she has represented me on several court cases and I've never been disappointed. She is well versed and very knowledgeable on many aspects of the law. Attorney Thornton and her staff work diligently to ensure no stone is left unturned and justice is served. When I was crippled with fear, bullied, and felt like giving up she was my voice. She is highly recommend and I'm truly blessed to have her in my life. TTW
★★★★★
It was a divine power that drove me to call. There are ton of lawyers online but I knew this attorney was the one for me. C.B., Divorce Client
★★★★★
Attention & communication is very good when working with this professional legal team. They are here to help you whenever questions arise and explain details as they go. Thank you for taking the time to accept my case & working with me. P.L.