Texas Personal Injury Lawyer

Personal Injury Claims That McKay Law Often Deals With for Clients

The majority of the personal injury claims McKay Law deals with for clients are listed below. The types of personal injuries listed below are in no particular order, and the list is not exhaustive. There are other personal injury claims that our Texas personal injury lawyers encounter also.

Motor Vehicle Collision Claims

One of the most prevalent categories of personal injury litigation involves auto accidents. These personal injury claims could also be divided further into the following subtypes:

• Car Traffic Accidents. The most frequent single kind of personal injury claims may include auto accidents.
• Motorcycle Collisions. Accidents involving motorcycles frequently result in severe injuries.
• 18-wheeler Truck Wrecks. Commercial truckers are routinely covered by insurance, despite the fact that truck accidents frequently result in catastrophic injuries.
• Pedestrian Injuries. Urban locations are where pedestrian accidents happen most frequently. Claims of wrongful death are frequent.
• Uber and Lyft Collisions. Accidents involving rideshare services are on the rise. Uber and Lyft employees often have comprehensive insurance.
• Last-mile Delivery Vehicles and Commercial Vehicles. The number of accidents involving these kinds of trucks has significantly increased due to the enormous growth in the number of last-mile delivery vehicles used by Amazon, FedEx, UPS, and independent companies.

Medical Negligence Claims

Medical malpractice is when a healthcare professional, usually a doctor, causes harm to a patient by providing subpar medical care. Examples include misdiagnosis, improper prescription, failure to diagnose a harmful illness, and many other avoidable errors.

A qualified medical witness is often needed to support a successful medical malpractice lawsuit. These lawsuits frequently include difficult scientific issues.

Product Liability Claims

One of the more uncommon categories of personal injury cases is one based on product liability. If a consumer product is unreasonably unsafe and someone gets hurt as a result, there is a product responsibility claim. It is not necessary for the injured party to be the product’s purchaser. You must demonstrate that the product had one of the three categories of flaws listed below: a design flaw, a manufacturing flaw, or inadequate warnings regarding the hazards of the product.

Even without proving that the product’s maker was at fault, you can prevail in a lawsuit against them. Other parties involved in the product’s distribution network may be sued, but you must establish liability.

Wrongful Death Claims

If the victim dies as a result of the injuries, any kind of personal injury claim could develop into a wrongful death lawsuit. The wrongful death rules of Indiana are somewhat intricate. To put it briefly, however, the probate estate of the deceased victim and certain family members may bring a wrongful death claim and be awarded damages.

Whether the victim was a child or an adult will affect the types of damages that are recoverable. The court will compensate the estate itself if it paid for some costs, such as funeral and burial costs.

Workplace Mishap Claims

Most occupational accidents are covered by workers’ compensation insurance. You don’t need to demonstrate that your company was at fault if you file a workers’ compensation claim, which is an advantage. The drawback is that non-economic damages like pain and suffering are not compensable. However, in some workplace accident cases, you may be able to bypass the workers’ compensation system and file a lawsuit for non-economic damages.

Slip and Fall/Premises Liability Claims

An owner or operator of a public space, or even of a private residence, is responsible for making sure that their property is secure for visitors, individuals carrying out official business (such as mail carriers), and, to some extent, certain categories of trespassers. Businesses are typically the targets of premises liability lawsuits. A personal injury claim resulting from a slip and fall accident is the most typical kind of premises liability claim.

Any harmful condition that the owner or operator of the property knows about or might have found through a reasonable inspection of the property must be fixed or announced.

Animal Attacks and Bites Claims

Dog bites account for the majority of animal attack and bite-related personal injury cases. In Indiana, there is a “one bite rule” that shields dog or other tame animal owners from responsibility if the animal has never previously displayed any aggressive inclinations. After then, any injuries are the dog owner’s responsibility.

The “one bite rule” has an exemption in that a victim who was performing a legal function at the time (a mail carrier, for example) may still be successful in court even though the dog had never previously displayed any signs of aggression.

Various Animal Claims

To keep a wild animal as a pet, such as a fox, you need a license. The negligence per se principle in Indiana makes it possible for you to be held liable if you keep one without a permit and it causes someone harm. This makes it simpler for the injured party to prevail in their lawsuit. 

Various Cases of Personal Injury Claims

It is practically impossible to count all of the different personal injury claim types and injuries. Burn injuries, head injuries, spinal cord injuries, whiplash, food poisoning, dram shop cases (where a bar or nightclub is held responsible for serving an intoxicated patron who later causes an injury), boating accidents, aviation accidents, child injury cases, mass torts such as asbestos, Camp Lejuene water contamination, Roundup and Paraquat exposure are a few examples.

Medical costs, lost wages, out-of-pocket expenses, pain and suffering, mental anguish, loss of enjoyment of life, and several other comparable sorts of damages are examples of types of damages in personal injury lawsuits. These damages might be material or intangible, as was shown above. Punitive damages are a sort of potential compensation for personal injury that may be added in certain situations.