Despite our efforts to keep safe and to prevent injuries, accidents are inevitable, and injuries happen. If you have been injured in an accident, you may want to know is whether you have a personal injury claim settlement. At Holladay Law Firm, PLLC, we help victims of accidents like you obtain compensation for their injuries. How much compensation you can get depends on many factors. The first step in an injury claim is identifying whether someone else should be liable for your injuries and losses.
Just because you have been in an accident doesn’t mean you have a legal basis to file a lawsuit. Nearly all personal injury claims are based on negligence. In determining negligence, the law provides certain things you must prove for liability:
The person or company who caused an accident must have owed you a duty of care. This means the party who caused your injuries failed to act in a reasonable manner to prevent causing injury to others. This can include complying with all traffic laws while driving, and the duty to sell safe products, among others.
Breach of duty is the failure to meet the standard of care expected by the person who caused your injury. For example, if you were injured in a car accident with a drunk driver, the driver failed to act reasonably. It means that their level of conduct did not meet the level of care expected of all other drivers.
Damages refer to the sum of money the law provides for someone who has been injured as compensation for their injury-related losses. This compensation, known as “compensatory damages,” may include both economic losses and non-economic losses.
In some cases, the person who caused the injuries may be required to pay punitive or exemplary damages, which is additional money the person must pay as both punishments for egregious conduct and deter others from engaging in the same conduct.
In Texas, you must file a claim for personal injury within two years from the time the accident occurred. If you file your case after this two-year deadline, the person you are suing will move to dismiss your case, and the judge hearing the case will generally dismiss it because this is a strict deadline with few exceptions.
If you were injured in an accident that was negligently caused by someone else in or near the Spring, Tomball, or Houston, Texas area, we can help you. Give Holladay Law Firm a call today at (281) 801-9583 or contact us online to see what we can do for you.