Personal Injury Claim
A personal injury claim is a demand that any person injured in the State of Texas can bring against the person or business that was negligent. Generally, negligence of a person means failure to use ordinary care, that is, failing to do that which a person of ordinary prudence would have done under the same or similar circumstances. The personal injury claim does not have to be filed in a local District or County Court, but can be made informally through an individual or an attorney. If the informal claim is denied or disputed, a more formal claim can be filed by an attorney in the form of a lawsuit. The lawsuit can be filed in the local District or County Courts. In other instances, a lawsuit can be filed in the local Federal Court. A Federal complaint is usually filed when the defendant is a not a resident of Texas or the injury occurred outside the State of Texas.
To successfully pursue a personal injury claim, the party must first identify who caused the injury and determine if there is any legal recourse or liability. If a valid cause of action exists and liability has been established, the next step will be to quantify or determine the extent of the damages. Typically, the damages associated with a personal injury will be lost wages, medical care, impairment, disfigurement, pain and suffering, and mental anguish. Once the liability and damages have been determined, the next step will be to negotiate a settlement of the claim. In most personal injury cases, a medical professional will need to provide an opinion as to the specific damages that were caused by the negligent act. The medical professional will be able to assist the lawyers and the Court with the relevant knowledge of how the injury was caused and the extent of the injury. For example, if a victim is unable to return to work, the patient's doctor is the best person able to tell the Court about patient's inability to return to work.
