What Is a Personal Injury Claim?

 Posted on July 20, 2024 in Personal Injury

You have probably heard about personal injury claims and how injured accident victims can obtain compensation. Do you know exactly what a personal injury claim is? How do you know if your accident qualifies?

If someone else’s negligence injures you, you might be eligible to file a personal injury claim. Hiring an experienced Texas personal injury attorney can significantly improve your chances of reaching a favorable outcome.

What Are the Elements of a Personal Injury Claim?

People, companies, and government agencies are all responsible for their actions. When those actions injure or harm another person, the perpetrator is often responsible for compensating the injured party.

To be eligible for a personal injury claim, you must be injured due to someone else’s negligence. You must be able to prove that negligence and your own degree of fault needs to fall within the limits set by your state’s laws. Under the modified comparative negligence rules in Texas, your percentage of fault has to be less than 51 percent.

Proving Negligence

Negligence is the basis for most personal injury claims. It means failing to act like a reasonable person would in the same situation to prevent harm.

You will need supporting evidence that shows these statements are all true:

• Someone owed you a duty of care.
• That party breached their duty of care.
• The breach is the direct cause of your injury.
• The breach caused you to suffer damages.

A duty of care is a legal obligation to be reasonably cautious to avoid harming others. You may need to investigate your accident to obtain evidence. Your legal team at Cal Mundell Law Firm, PLLC can handle that task for you.

What Types of Accidents Can Lead to a Personal Injury Claim?

Thousands of people have accidents each day. You cannot seek compensation for accidents and injuries that are your fault. However, many kinds of injury accidents can qualify you to file a personal injury claim, such as:

• Car accidents
• Dog bites
• Slip-and-fall accidents
• Truck accidents
• Wrongful death

This list includes only a few types of potential personal injury claims. If you believe you are eligible, call a qualified personal injury lawyer.

How Do Personal Injury Claims Work?

Most personal injury claims begin by filing an insurance claim against the at-fault party. Unfortunately, insurance companies rarely treat claimants fairly. Instead, they typically try to minimize payouts.

If the insurer recognizes your claim as valid, they often offer an intentionally low settlement amount. Did you know that you do not have to accept an initial offer? You can negotiate to obtain a fair and just amount.

If the insurance company denies your claim or refuses to offer a reasonable payout, you can file a type of civil lawsuit known as a personal injury claim. Every state has a statute of limitations, which is a filing deadline. Texas generally allows two years after your injury to file most personal injury claims, although some exceptions apply.

It takes time to build a strong case, and the negotiation process can drag out. It is usually better to hire a competent personal injury lawyer soon after your accident to best protect your interests and avoid missing the filing deadline.

Schedule Your Free Consultation With an El Paso, TX Personal Injury Lawyer Today

If someone else’s negligence injures you, you need an attorney who understands how insurance companies operate and how to overcome their strategies. Cal Mundell is in a unique position because he used to represent insurance companies and knows their playbooks.

Cal Mundell Law Firm, PLLC operates on a contingency fee basis, meaning that you will not pay any fees unless we win compensation for you. Call us at 915-250-0700 24/7 to request your free case review with a competent and caring El Paso, TX personal injury attorney.