What is a Personal Injury Claim?

Personal injury involves two basic components: liability and damages. Every claim uses these two factors to determine how your claim will be settled. There are some questions that may be asked, such as whether or not the defendant was liable for the damages you have incurred. If they are liable, what are your injuries and how severe are they? As long as you can prove the other party is liable and that damage has been sustained, you will be awarded fair compensation for any losses. A Personal Injury Atto ey in San Antonio Texas can help you build a solid case that ensures you will be awarded the compensation you deserve.

What is typical of a personal injury case?

The typical personal injury case occurs due to car accidents. If a driver has not taken reasonable care when driving, you can file a negligence claim. Drivers are required to practice safe driving and handle their vehicle with care when they're on the road. When drivers do not take that responsibility seriously, accidents and injuries can occur. The law lets you regain anything you have lost in damages, wages, and pain and suffering. Negligence is the basis for most lawsuits involving personal injury, including malpractice lawsuits.

Is negligence the only basis for a personal injury case?

No, it is just one basis for personal injury, there are several others.

• Strict liability holds the manufacturers as well as the designers of products and services liable for defective products that have caused injuries. You do not have to prove negligence, but you will have to show that the product was made in a way that caused it to be incredibly dangerous to others when used as it was intended.
• Intentional wrongs are also a basis for a personal injury claim, but this is more rare. For example, if someone strikes you - even while playing or joking around - you could potentially win a lawsuit for assault or battery. If you have been accused of shoplifting and were wrongfully detained, you could win a suit claiming false imprisonment. Some guilty parties may be criminally prosecuted, but these cases are separate from criminal charges set by the United States government.

What will happen if I decide to file a lawsuit?

When you make the decision to file a lawsuit, you become what is called the plaintiff. The individual or company that caused personal injury becomes known as the defendant. Both the plaintiff and the defendant may have lawyers for themselves and the insurance company who will gather facts, exchange documents, write depositions, and compose written questions. This is what is known as the discovery process, and it allows a lot of cases to settle without going to trial. In fact, only a very small percentage of suits involving personal injury make it to trial.

Dealing with a personal injury case is made much easier with an experienced professional on your side. Get in contact with a lawyer in your area for a consultation and legal aid in your personal injury case.