What Counts as a Personal Injury Case?
A personal injury case exists when someone else’s wrongful conduct causes you physical or emotional harm. Most are based on negligence, though some involve intentional acts like assault.
Common examples include:
- Car accidents and truck crashes
- Slip and fall injuries on unsafe property
- Dog bites
- Workplace accidents involving a third party
- Defective products and medical malpractice
- Wrongful death caused by any of these
What You Must Prove
To win, you generally must show it is more likely than not that:
- The other party owed you a duty of care
- They breached that duty
- The breach caused your injury
- You suffered real damages
Texas follows modified comparative fault under Chapter 33. Your recovery is reduced by your share of fault and barred if your share is greater than 50%.
Steps in a Texas Personal Injury Case
Most cases follow a similar path:
- Get medical care. Treatment protects your health and documents your injuries.
- Investigate. Police reports, photos, records, and witness statements become your evidence.
- Make the claim. A demand package goes to the at-fault party’s insurer.
- Negotiate. Most cases resolve through negotiation and settlement.
- File suit if needed. A lawsuit leads to discovery, depositions, mediation, and sometimes trial.
Injury lawyers usually work on a contingency fee, so there is nothing to pay upfront.
What a Personal Injury Case Can Recover
Damages fall into a few groups. Economic damages cover medical bills and lost wages. Non-economic damages cover pain, mental anguish, and lost quality of life. Exemplary damages are rare and require proof of gross negligence, fraud, or malice.
Watch the deadline. Most Texas injury suits must be filed within two years, and claims against a government entity can require notice within six months or less.
About Brad Parker
Frequently Asked Questions
How does personal injury law work in Fort Worth, Texas?
You, the injured person, make a claim against the party responsible, usually through their insurance company. You must show they were negligent and that it caused your injuries. Most claims settle through negotiation. If not, a lawsuit is filed in a Tarrant County or other Texas court, and a judge or jury decides.
What is the difference between a claim and a lawsuit?
A claim is a request for payment made to an insurance company. A lawsuit is a formal case filed in court. Many injury cases start as claims and settle without a lawsuit. A lawsuit becomes necessary when the insurer refuses a fair offer or the two-year deadline is near.
How long does a personal injury case take?
It depends on the injuries, the disputes over fault, and whether a lawsuit is filed. Simple claims may settle in months once treatment ends. Cases that go to litigation, involve serious injuries, or reach trial can take a year or more.
Do I have a personal injury case?
You may if someone else's carelessness caused you physical injury and real losses, such as medical bills or missed work. The strength of the case depends on the evidence of fault and damages. A free case review can help you understand whether a claim is worth pursuing.