Types of Texas Personal Injury Cases

Michael Grossman, Personal Injury Attorney in San Antonio TX, Explains Intentional Torts, Negligence & Liability

Personal injury lawsuits are broken down into three broad categories in the state of Texas: intentional torts, strict torts, and negligence.

Regardless of the type of accident (car accident, 18 wheeler accident, product liability injury, medical malpractice, work injury, etc.), it will fall under one of those three categories. Each category affords a victim different options for seeking compensation. San Antonio personal injury lawyer Michael Grossman from Grossman Law Offices is here to explain to you the differences between these types of personal injury cases.

Intentional Torts

A tort is any wrongful act committed against an individual which violates some legal duty owed against them. In other words, each individual has a duty to ensure that their actions do not put other people in danger. When they violate this duty and someone is injured, that victim can seek compensation through a personal injury lawsuit. An intentional tort then is a case where a person (the defendant) deliberately violates a legal duty owed to the victim (the plaintiff). Typically, intentional torts are filed in assault cases. While it is true that assault cases are typically punished by criminal law in Texas, victims can also file lawsuits due to intentional torts through civil court. Essentially, the victim can seek compensation from the defendant to pay for his or her damages.

One of the most famous examples of an intentional tort case is the O.J. Simpson civil trial. Simpson was acquitted of the significant criminal charges relating to Nicole Brown-Simpson’s murder, but Ms. Brown’s family filed a lawsuit against O.J. Simpson through civil court and received a large settlement when the courts ruled the O.J. Simpson had in fact committed an intentional tort against Ms. Brown that resulted in her death.

It is important to keep in mind that most insurance policies do not cover intention torts. For instance, if you are invited to a person’s home and you are accidentally injured while in that home, you could file a claim against the homeowner’s insurance policy. But if the owner of the home deliberately harms you, you are not eligible to file a claim against the homeowner’s insurance, so you will have to seek compensation through different avenues.

Strict Liability

Strict liability is a situation in which a defendant is automatically liable for a plaintiff’s damages, regardless of culpability. Typically, this type of liability is present in product liability cases. The act of selling or manufacturing a product binds the defendant to legal duties relating to injuries sustained using that product. Despite the fact that the defendant did not directly interact in whatever accident lead to the victim’s injuries, they are essentially liable by association with the product. The plaintiff is not required to prove the defendant’s liability in these cases, as the defendant’s liability is a given.

For example, if an automaker releases a car with a faulty accelerator that causes numerous accidents, that automaker can be held liable for the damages caused by those accidents. Even though the automaker did not directly cause the accidents, it is held liable because it released an unsafe product.

Negligence

Most personal injury cases are negligence cases. Texas law states that we owe a reasonable legal duty to everyone around us to ensure that our actions do not put others in danger. Whenever someone neglects this legal duty, he or she can be held responsible for any damages caused.

Car accidents are common examples of this type of liability. If a driver is speeding or otherwise driving recklessly, he or she is not following standard traffic laws and is thereby committing a tort against other motorists, pedestrians, or anyone else around them. In some cases, however, proving negligence is not as easy as it might appear, especially to those without legal experience.

But San Antonio personal injury attorney Michael Grossman from Grossman Law Offices has twenty years of experience working with all kinds of personal injury cases, and he has an in-depth knowledge of the requirements of each type of case. He can help you build a strong case if you have been injured in an accident so that you can receive the compensation you deserve. If you have been hurt due to another person’s negligence, contact San Antonio injury lawyer Michael Grossman from Grossman Law Offices today.