Personal injury in Texas is based on torts. A tort is defined as a wrongful injury to a person or his or her property. Tort law is a complex umbrella of laws designed to prevent harm or compensate for harm to a person or property. There are many kinds of torts. Physically injuring someone is a tort, as is damaging a person's property or character and wrongly denying someone his or her liberty. The injured persons should be compensated by those responsible for their injuries. A victim of a tort has the right to sue the person committing the tort for damages.
Torts and crimes are separate in Texas law. A tort is a civil wrong against an individual; a crime is a wrong against society or the State and is punishable by incarceration or a fine. But there are some acts that can be both a tort and a crime. For example, a person could be prosecuted and convicted of the crime of battery and possibly face a separate civil lawsuit brought by the victim for the victim's injuries.
Some examples of torts include, but are not limited to:
· Aviation Disaster
· Motor Vehicle Accident
· Professional Malpractice
· Major Accident
· Worker's Compensation
· Nursing Home Abuse
· Product Liability
· Slip and Fall
· Wrongful Death
Among the types of recoverable damages are:
· Compensation for present loss
· Loss of earning capacity
· Pain and suffering
· Reasonable medical expenses
· Losses expected in the future
There are limits on the period of time in which a lawsuit can be filed. For example, a lawsuit in Texas based on negligence must be filed within two years from the time the cause of action arose. If a person fails to file a lawsuit within the time prescribed by Texas law, that person loses the right to file that lawsuit in Texas.
If you have been injured, you should:
- Seek Medical Care Immediately
- File a police report if a crime has occurred
- Make a list of all the witnesses present, including their name and contact information
- Take photographs and video of your injuries
- Take photographs and video of where the injuries occurred
- Contact a personal injury lawyer before you speak with any insurance adjusters or sign anything
Our firm has served the Dallas area for over 40 years. We have the resources to answer all your questions concerning personal injury and the qualifications to present a strong case for you. Please fill out our form online or call 972-980-8000 today and schedule your free consultation.