Galveston Injury Lawyers
Galveston residents who become seriously injured by a defective product, unsafe construction site, medical malpractice, or offshore oil rig may have grounds for legal action under what is known as personal injury law. Galveston injury lawyers can evaluate the circumstances surrounding the injury and determine if the victim and/or family members have a case.
A personal injury is a severe injury suffered by one person, caused by the negligence or wrong actions of another. Personal injuries can happen as a result of many different factors, including accidents and dangerous products or environments. Not all injuries are cause for a personal injury claim — some injuries are no one’s fault and could not have been reasonably prevented. The key is whether negligence was involved. In legal terms, the following must exist in order to prove a negligence claim:
- The person who caused the injury owed a duty to the injured party (such as the duty of a fellow driver to obey traffic laws or the duty of a construction company to obey safety regulations);
- The person failed to carry out that duty;
- The victim suffered injury as a direct result of that failure.
Personal injury lawsuits are typically filed for severe injuries — those that take a significant physical, emotional and financial toll on the victim and his or her family. Among the most common types of injuries that merit personal injury claims are:
- Head and spinal injuries;
- Severe burns;
- Broken bones;
- Organ damage;
- Loss of limb;
- Severe illness;
- Post traumatic stress disorder;
- Loss of mobility/use of limbs or other impaired functions.
Victims who have been seriously injured and file a personal injury claim may be awarded damages, or compensation for the suffering caused by the injury. The amount and kind of damages vary according to the type of injury and the cause, but in general the types of damages include:
- Pain and suffering;
- Lost wages;
- Medical benefits – including both the medical bills already incurred and expected future costs, such as
- Loss of consortium – spousal or parent-child relationships that have been negatively impacted by the injury.
Texas law recognizes the doctrine of proportionate responsibility (also known as “comparative negligence”), which is a legal concept that allows courts to consider each person’s role in the accident/injury when awarding damages. Instead of strictly assigning all of the responsibility to one driver in a car accident, for example, the court will determine if the fault lies with one or both parties. If Driver A crashes into Driver B and Driver B suffers serious injury, the court will look at whether the accident was completely Driver A’s fault – or whether Driver B also shared a small portion of the blame. If the court finds Driver A was 90% responsible but Driver B was 10% responsible, then the amount of Driver B’s compensation may be reduced by 10%. Texas law also bars anyone whose share of the blame is more than 50% from recovering any damages.
Victims of severe personal injury should seek legal help immediately to file a claim for any damages. There are time limits during which a lawsuit can be brought against the responsible party. A Galveston injury lawyer can provide the legal advice and representation necessary to help clients and their families receive the financial compensation they deserve.
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