Common Types of Personal Injury Claims & Cases

In the city of Houston, personal injury cases are unfortunately not uncommon occurrences. Whether it’s a slip and fall accident, a car collision, or a workplace injury, these traumatic incidents can lead to long-lasting physical, emotional, and financial hardships for the victims involved.

Understanding the most common types of personal injury cases suffered by victims, as well as a few key legal implications surrounding them, is crucial for those who want to protect their rights and seek appropriate compensation.

For a free consultation regarding your potential personal injury claims, contact a Houston personal injury attorney at Grimes & Fertitta. Call (713) 224-7644 or contact us online today.

The most common types of personal injury cases

Some types of personal injury claims are more common than others. Note that some personal injury claims are designated by the type of accidents that caused the accident while others are designated by the types of injuries incurred.

If you don’t see your exact type of personal injury case below, that doesn’t mean that you don’t have a case. This list is not exhaustive.

Workplace injuries

Most Americans go to work every day without worrying about coming home in one piece. But some jobs—including many of those that our country relies on most—are by nature more dangerous than others.

Texas differs from other states in that it does not require businesses to have workers’ compensation insurance. In some cases, such as when the employee or their representative is able to get insurance companies to pay more than a typical work injury compensation payment, this situation can work out to an employee’s benefit. Other times, it robs injured employees of simplified access to the financial resources they need to recover.

Taking your case to a team of expert workplace injury lawyers is one of the best ways to get the compensation you deserve. Common workplace injuries include:

• Forklift accidents: From warehouses to shipping docs to construction sites, forklifts (and the injuries incurred by them) are so common that they have earned their own place in personal injury law.
• Industrial accidents: A more general category, industrial accidents occur everywhere from an automotive manufacturing floor to a consumer electronics assembly line and can result in injuries ranging from chemical exposure to slip-and-fall accidents.
• Oil rig explosions: Houston and The Woodlands has a long history in oil. While this long history has its benefits, it can also lead to poorly managed and outdated equipment and a higher likelihood of blowouts and fires.
• Plant explosions: Over the past decade, we’ve seen an uptick in the number of plant explosions in our city. Our lack of zoning laws in combination with these disasters has led to the injury of both employees and the public.
• Construction accidents: Like industrial plants, construction sites are home to heavy equipment, making their employees subject to more dangerous conditions than average, including those caused by operator negligence.

Auto accidents

Auto accidents are by far the most common type of personal injury claims. Unfortunately, the prevalence of these cases has led to an increased number of less-than-reputable personal injury lawyers looking to make a quick buck off of your car accident.

Be wary of personal injury lawyers for auto accidents who lack experience, push for quick settlements without doing what’s necessary to prepare for trial, and charge excessive up-front fees.

• Car accidents: The greater Houston area is home to both the world’s widest freeway (Beltway 8 in Katy) and tens of thousands of car accidents per year. Many of these accidents are caused by driver error, but others are caused by manufacturing defects and faulty road construction.
  
• Truck accidents: Truckers and trucking companies are supposed to abide by certain restrictions and regulations. When they don’t do so, the accidents they cause can have devastating consequences. Unfortunately, trucking companies can employ skilled insurance lawyers to keep those involved in a trucking accident from receiving the full compensation they are owed (Read more on what to do after getting hit by a truck.)
  
• Motorcycle accidents: Motorcycles have all the speed of cars with much less protection, making the injuries sustained in these accidents more severe and more costly.
  
• Drunk driving accidents: If you’ve been hit by a drunk driver, you can sue for damages. However, it’s best to move quickly in these cases, as DWI defense attorneys are adept at casting doubt upon and sealing evidence you need to win your case.
  
• Uninsured and underinsured motorist accidents: Being hit by an uninsured or underinsured motorist adds a layer of complexity and difficulty to your average auto accident personal injury case. Experienced personal injury lawyers can outline your options for you and tell you whether or not it’s worth pursuing compensation.
  
• Pedestrian and bicycle accidents: It’s no secret that Houston is neither pedestrian- nor bike-friendly. Fortunately, personal injury law does give Houston pedestrians and cyclists legal recourse should they be injured in an accident.  

Catastrophic injuries and death

• Neck and spine injuries: Neck and spine injuries can be caused by any of the aforementioned accidents and more. These injuries can have devastating, life-altering consequences, including paralysis.
• Brain and head injuries: Like neck and spine injuries, traumatic brain and head injuries can be caused by a wide variety of accidents and earn their own distinction in personal injury law due to the severity of their consequences and the level of experience needed to handle these cases successfully.
• Wrongful death: Wrongful death cases are personal injury claims in which the victim was killed by their injuries. They can be brought by certain surviving members of the family.
• Toxic exposure: Toxic exposure claims range from those brought by plaintiffs who have been exposed to contaminated groundwater to those who are suffering from injuries caused by lead paint, asbestos, or toxic chemicals in medication.

Other injuries

• Cruise ship sexual harassment: Cruise ships are meant to be a place of relaxation and fun, but can act as safe havens for individuals who seek to harm others. Because the security onboard is owned by the cruise company, they have a vested interest in underreporting occurrences of sexual harassment and obscuring the evidence of cases that are reported.
• Daycare provider negligence: Under personal injury law, you can sue daycare centers that do not properly screen employees, underfeed your child and deprive your child of water, fail to supervise your child, or fail to provide a safe and sanitary environment for your children.
• Defective products: Defective product cases, also called product liability cases, are a type of personal injury claim that uses the rule of strict liability as opposed to the need to establish negligence in order to determine financial liability. Generally, you prove strict liability by showing that a product was used in the way it was intended, was defective, and that the defect caused an injury.
• Nursing home abuse: Nursing home abuse can take the form of neglect, sexual abuse, financial manipulation, and verbal abuse.
• Medical malpractice: Medical malpractice is another large subset of personal injury law. Claims include failure to treat a patient, failure to diagnose an illness, and providing the wrong treatment, and more.

Personal injury claims FAQ

After you have been injured because of the negligence of another party, you need to file a personal injury claim, but the prospect of filing a claim can seem incredibly daunting. Below is a partial list of questions to ask a personal injury lawyer who can help you determine if you have a case:

What do you have to prove in a personal injury claim?

In a personal injury claim, the plaintiff (the injured party) must prove certain elements to establish the liability of the defendant (the party allegedly responsible for the injury):

1. Duty of care. The plaintiff must demonstrate that the defendant owed them a duty of care to act reasonably and prudently to prevent foreseeable harm. For example, drivers have a duty to operate their vehicles safely to avoid causing accidents.
2. Breach of duty. The plaintiff must show that the defendant breached their duty of care by failing to act reasonably or by engaging in negligent or reckless behavior. This could involve actions such as speeding, failing to maintain safe premises, or providing inadequate medical treatment.
3. Causation. The plaintiff must establish a causal link between the defendant’s breach of duty and the injuries suffered by the plaintiff. This requires demonstrating that the defendant’s actions or negligence directly contributed to the plaintiff’s harm.
4. Damages. Finally, the plaintiff must prove that they suffered actual damages as a result of the defendant’s breach of duty. This may include physical injuries, emotional damages, financial losses, and other forms of harm.

What are the types of damages in a lawsuit?

Various types of damages in personal injury cases may be awarded based on the circumstances of the incident and the extent of the injuries suffered by the victim. These damages include:

• Special compensatory damages, often referred to as “economic damages,” aim to compensate the injured party for any expenses related to their losses, including medical expenses, lost wages, and property damage.
• General compensatory damages attempt to address overall harm experienced after an accident. These damages are generally more difficult to place a monetary value on, and are awarded for things like pain and suffering, mental anguish, or the ways in which your life has changed because of your injuries.
• Punitive damages, meanwhile, are intended to punish the defendant for their reckless or intentional misconduct and to deter similar behavior in the future. These damages are awarded in addition to compensatory damages and are typically reserved for cases involving egregious negligence or intentional harm.

How much compensation do you get for personal injury?

The amount of compensation awarded in a personal injury case can vary widely depending on various factors, including the severity of the injuries, the extent of financial losses, and the jurisdiction where the case is heard.

Additionally, Texas follows a modified comparative fault rule, meaning that if the plaintiff is found partially responsible for the accident or injury, their compensation may be reduced proportionally to their degree of fault.

While it’s possible to pursue a personal injury claim without legal representation, partnering with an experienced attorney significantly enhances your chances of success. If you’re wondering how to win a personal injury lawsuit, you’ll need an expert. From navigating legal complexities to maximizing compensation, an attorney serves as your advocate, guiding you through every step of the process and fighting for the justice and compensation you deserve.

Grimes & Fertitta is experienced in all types of personal injury cases and claims.

Having a reliable legal partner can make all the difference in securing the compensation you deserve. At Grimes & Fertitta, our team of seasoned attorneys are adept at handling a wide array of personal injury cases. With our in-depth knowledge of Texas laws and our commitment to advocating for our client’s rights, we have earned a reputation for delivering exceptional results in even the most complex of cases.

If you’ve been injured due to someone else’s negligence in Houston, don’t navigate the legal process alone. Trust Grimes & Fertitta to provide you with the skilled representation and compassionate guidance you need to seek justice and recover the compensation you deserve. Call us today at (713) 224-7644, or schedule a free online consultation to discuss your case and learn how we can help you move forward with confidence.

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• How Much is a Neck and Back Injury Settlement in Texas?
• The Most Common Car Accident Injuries in Texas
• What To Do If You’re Hit By a Drunk Driver in Texas
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