Personal injuries happen every day across this nation and Texas is no exception. And even though we use the term personal injury in our everyday language, many of you might not realize that this actually covers a great number of accidents and incidents. While every instance is unique as far as facts and the parties involved is concerned, there are common types of incidents and accidents that cause personal injury claims.
If you are making an injury-related claim or filing a personal injury lawsuit, then the only claim you are concerned about is likely your own. But sometimes it helps to get a sense of the larger picture when it comes to the different kinds of cases are out there. Texas Legal Sharks, your personal injury lawyer in San Antonio, takes a closer look at the common types of personal injury claims.
Assault and Battery
Assault and battery is an intentional personal injury. Instead of having to prove negligence in such a case, a person injured in an assault and battery case must show that the other person intended the act that ended with injuries. Assault and battery are also crimes, so the person who committed them could face additional charges for their actions.
The companies that manufacture and sell products are sometimes responsible should there be a malfunction. For example, a company could be found liable if a product has been defectively designed, produced or marketed. If you are hurt due to a defective product, the company will be held liable for your injuries.
This is never a cut and dry case. Victims of dog bites must prove that the owners acted with carelessness. For example, they may have taken their dog off the leash at the local park. In this particular case, you may be able to claim negligence on the part of the dog owner.
If you are hurt while performing work-related duties, workers’ compensation will cover some of your losses. Such cases have many unique requirements such as notifying your employer of the injury right after it has occurred and filing procedures within a certain time frame.
Workplace injuries are very complicated and your best bet is to seek the help of an attorney.
Tripping and Falling
If you are on somebody else’s property and you trip and fall and injure yourself, the owner might be liable for your injuries. But to recover any sort of compensation, it must be proven that there was negligence involved.
The drivers you see every day on the road have a duty to drive in a reasonable manner that in no way poses a threat or risk of harm to others. When you are involved in an accident, you must show that it was because of negligence that you were injured.
Keep in mind that insurance companies will be involved in such cases as well. Just to make things more complicated. If you are injured in an accident, you will want to retain a lawyer.
When a patient is injured because a health care facility or physician failed to provide reasonable competent care, the patient might have an injury claim. Examples of medical malpractice include performing the wrong procedure, leaving medical instruments inside a patient during surgery and misdiagnosis.
Defamation of character in the form of slander or libel refers to the injury of a person’s reputation as a result of statements that are untrue. The exact nature of what the plaintiff must prove varies depending on who the plaintiff is and the forum in which the statement was made.
An average person needs to prove that the untrue statement caused actual harm. But celebrities and other public figures need to prove actual malice on the part of the defendant. This means any statements were made with reckless disregard.
Injured in a motor vehicle accident, by a defective product or fell and hurt yourself through no fault of your own? You have rights and we’re here to fight for them. We invite you to schedule a confidential personal consultation by contacting our legal team. Give Texas Legal Sharks a call today.