The term “personal injury” covers a wide range of situations where a person suffers harm because of someone else’s carelessness or intentional act. In Texas, these cases provide a legal path for victims to seek compensation for their medical bills, lost income, and suffering. While any accident can lead to a claim, certain types of cases are more frequent than others.
Understanding these common personal injury claims can help you recognize when you might have a right to pursue legal action. This guide explores the most prevalent personal injury cases filed in Texas and what they entail.
1. Car Accidents
By far the most common type of personal injury claim, car accidents happen every day on Texas roads. From minor fender-benders to catastrophic multi-vehicle pile-ups, these collisions often result from driver negligence.
Common causes of car accidents include:
- Distracted Driving: Texting, eating, or using a GPS while behind the wheel.
- Speeding: Exceeding the speed limit or driving too fast for road conditions.
- Driving Under the Influence (DUI): Operating a vehicle while impaired by alcohol or drugs.
- Aggressive Driving: Tailgating, improper lane changes, and failing to yield the right-of-way.
Victims of car accidents can seek compensation for their injuries, property damage, and other related costs from the at-fault driver’s insurance.
2. Truck Accidents
Accidents involving large commercial trucks, such as 18-wheelers and semi-trucks, are often devastating. Due to the immense size and weight difference between a truck and a passenger vehicle, these collisions frequently result in life-altering injuries or fatalities.
Truck accident cases are more complex than typical car accident claims. They often involve:
- Multiple Liable Parties: Liability may extend beyond the driver to include the trucking company, the vehicle manufacturer, or the cargo loader.
- Federal Regulations: The trucking industry is governed by strict federal laws from the Federal Motor Carrier Safety Administration (FMCSA). Violations of these rules, such as exceeding legal driving hours, can be strong evidence of negligence.
- Complex Evidence: Proving fault may require analyzing black box data, driver logs, maintenance records, and company hiring practices.
Case Study: A Complex Truck Accident Claim
A family was traveling on I-35 when a semi-truck swerved into their lane, causing a severe collision. An investigation revealed the truck driver had falsified his logbook to drive beyond the federally mandated hours-of-service limits, causing him to fall asleep at the wheel. The trucking company was also found negligent for failing to properly vet the driver’s poor safety record. The family was able to file a claim against both the driver and the company, securing compensation for their extensive injuries and trauma.
3. Premises Liability (Slip and Fall Accidents)
Property owners in Texas have a legal duty to maintain a reasonably safe environment for visitors. When they fail to do so, and someone is injured as a result, it can lead to a premises liability claim. The most well-known type is a “slip and fall” accident.
These incidents can be caused by various hazards, including:
- Wet or slippery floors without warning signs.
- Poor lighting in hallways or stairwells.
- Cracked sidewalks or uneven pavement.
- Unsecured rugs or carpets.
- Falling merchandise from high shelves.
To win a premises liability case, the injured party must prove the property owner knew or should have reasonably known about the dangerous condition and failed to correct it or provide adequate warning.
4. Medical Malpractice
We trust doctors, nurses, and other healthcare professionals to provide competent care. When they fail to meet the accepted medical standard of care and a patient is harmed, it may constitute medical malpractice.
These are some of the most challenging personal injury cases to prove and often require extensive expert testimony. Common examples of medical malpractice include:
- Surgical Errors: Operating on the wrong body part or leaving a surgical instrument inside a patient.
- Misdiagnosis or Delayed Diagnosis: Failing to correctly identify a serious condition like cancer or heart disease in a timely manner.
- Birth Injuries: Negligence during labor and delivery that causes harm to the mother or child.
- Medication Errors: Prescribing or administering the wrong drug or the incorrect dosage.
Case Study: The Cost of a Delayed Diagnosis
Mark visited his doctor with persistent symptoms that were dismissed as indigestion. Six months later, after his condition worsened, a specialist diagnosed him with late-stage colon cancer. An expert review determined his primary care physician had failed to order standard tests that would have detected the cancer much earlier when it was more treatable. Mark filed a medical malpractice claim for the diminished prognosis and extensive treatment he now required due to the delayed diagnosis.
5. Wrongful Death
Perhaps the most tragic type of personal injury case is a wrongful death claim. This action can be brought by the surviving spouse, children, or parents of a person who died due to the negligence or wrongful act of another.
A wrongful death lawsuit allows the family to seek compensation for the losses they have suffered due to their loved one’s death. This is separate from any criminal charges the defendant may face.
Damages in a wrongful death claim can include:
- Lost earning capacity of the deceased.
- Loss of companionship, guidance, and emotional support.
- Mental and emotional anguish suffered by the family.
- Lost inheritance.
- Funeral and burial expenses.
These claims can arise from any type of negligence, including a fatal car accident, a medical error, or a workplace incident.
Navigating Your Personal Injury Claim
If you have been injured in any of these situations, it is vital to understand your legal rights. An experienced personal injury attorney can evaluate your case, explain your options, and fight to ensure you receive the compensation needed to recover and move forward.
Helpful Resources
- Texas Department of Transportation (TxDOT): A key resource for accident statistics and ordering official crash reports in Texas.
- Texas Civil Practice and Remedies Code: This state code contains the laws that govern civil lawsuits, including the statute of limitations and liability rules for personal injury cases.
Knowing the law is the first step toward protecting yourself. To better understand your situation, read more about the Common Types of Personal Injury Cases in Texas.
