What is Personal Injury?

San Antonio Injury Lawyer Michael Grossman Answers: What is a Personal Injury?

A personal injury, according to the state of Texas, is any injury or damage done to a person’s body, mind, or emotions.

State laws serve as the foundation for this definition, and they are given in the Texas Civil Practices and Remedies Code. This code essentially explains the rights entitled to a personal injury victim and what legal avenues that victim has available for seeking financial compensation under state law.

In most cases, personal injury is used to refer to an accident wherein a person is hurt due to another person’s negligent actions or inaction. According to Texas statutes, every person owes reasonable standard of care to other individuals, and when that standard of care is violated and a person is injured, that person (the plaintiff) is typically entitled to bring a lawsuit against the person who caused his or her injuries (the defendant). Simply put, when another person injures another person through negligent action or inaction, the injured person can seek monetary compensation through a personal injury lawsuit.

In order to facilitate this process, the plaintiff will typically hire a personal injury attorney to represent him or her in court. The attorney will then fight to ensure that the defendant compensates the victim based on how large of a role the defendant played in the victim’s injuries.

An Example of a Relatively Straightforward Personal Injury Case:

For this theoretical example, let us say that Mr. Smith is driving on Interstate 35 near San Antonio, when another driver is speeding behind him and rear-ends Mr. Smith. Mr. Smith is seriously injured, but his injuries are not life-threatening. Still, Mr. Smith is taken to the hospital for surgery, and he must remain in the hospital for a couple of months in physical therapy. Furthermore, Mr. Smith is now deathly afraid of driving, and he can hardly stand riding in a vehicle, much less driving one.

In our theoretical example, the driver (the defendant) who rear-ended Mr. Smith violated his legal duty of care by not operating his motor vehicle in a way that was safe for those around him. The defendant was the proximate cause of Mr. Smith’s injuries, and so Mr. Smith is entitled to seek financial compensation through a personal injury lawsuit.

Mr. Smith hires an experienced San Antonio personal injury lawyer to represent him in court and fight for the compensation he deserves. Mr. Smith’s attorney demands that the defendant compensate Mr. Smith for his past and future medical bills, in addition to any wages lost while Mr. Smith was recovering. But what if Mr. Smith cannot return to work? Let us say that Mr. Smith was a carpenter, but his hand was crushed in the accident and doctors were forced to amputate it. Mr. Smith can no longer earn a living at his chosen career, so his attorney will attempt to seek compensation for Mr. Smith’s lost potential income over the rest of his life. Furthermore, Mr. Smith’s attorney may help him receive compensation for his new-found fear of driving, as well as the pain and mental anguish associated with his accident.

But this process includes a number of hurdles that a non-attorney will have great difficulty overcoming. The defendant’s insurance company will obviously not be eager to pay for Mr. Smith’s damages, and so they will likely send adjusters to speak with Mr. Smith and try to convince him to sign away his rights to seek compensation through a lawsuit. They will likely attempt to do this before Mr. Smith has even had a chance to seek legal representation from an aggressive attorney. The defendant may also hire a defense lawyer firm that will try to argue that Mr. Smith was the cause of the accident, not the defendant. If the defendant was driving a commercial vehicle (18 wheeler, delivery truck, etc.), then this process is even more complex.

But our team of experienced and aggressive lawyers can help you overcome these challenges. For twenty years, we have been helping people all across Texas seek compensation when they are injured due to another person’s negligence. We have an in-depth knowledge of all kinds of personal injury practice areas, and we have a successful track record with hundreds of successful cases. As you can probably tell, even a relatively straightforward case like Mr. Smith’s can be more complex than it initially appears. Thankfully, the legal professionals at Grossman Law Offices know exactly how to handle the many hurdles you could face when filing a personal injury lawsuit. Do not let those responsible for your injuries go unpunished, and do not go without the compensation you need to get back on your feet. Contact San Antonio personal injury lawyer Michael Grossman today, and let us help you bring those responsible for your injuries to justice.