Your health should come first after an accident or injury. It is important to stop an injury from worsening or becoming life-threatening by getting medical help. You should consider your legal options for holding the person who injured you accountable for what happened after your condition has stabilized. This is where you will have to learn more about personal injury claims and lawsuits. 

The terms "claim" and "lawsuit" are well understood by most people. Most know that the terms refer to pursuing restitution for losses brought on by an accident or injury, whereas the terms apply to two distinct procedures. 

What Is a Personal Injury Claim?

An event or circumstance that results in an injury is referred to as a personal injury. The injured party incurs damages as a result of the accident or injury. The victim has a "claim" for damages against the party who caused the injury under the state’s personal injury statutes.

Different circumstances can give rise to a claim for damages. An injury caused by a car accident, medical malpractice, slip and fall, boating accident, defective product, or any other negligent or wrongful acts may give rise to a personal injury claim.

Damages that may result from an accident or careless behavior include:

• Medical bills and injury treatment costs
• Physical harm, such as head trauma, back injuries, spinal cord injuries, shattered bones, internal organ damage, etc.
• Physical, mental, and emotional suffering
• Loss of benefits and income, including a reduction in earning potential
• Deficiencies and long-term disabilities
• Discoloration and scarring
• Long-term assistance with daily tasks and care
• A reduction in the quality of life or a loss of enjoyment of life
• Other monetary losses and personal expenses

The "claim" seeks monetary damages reparation. It is against the offender who brought about the mishap. But the individual who injured you might have insurance coverage that covers the claim, including general liability insurance, auto insurance, or homeowners insurance. If so, the insurance provider might be responsible for paying for any damages.

What Is a Personal Injury Lawsuit?

A lawsuit is not the same as a claim. A personal injury lawsuit is a civil court legal action. To succeed in a lawsuit, you must establish the necessary components of carelessness. Most personal injury claims are based on some form of negligence.

You must offer proof to persuade the jury of the following:

• You are owed by the other party a duty of care.
• The offender neglected their responsibility of care.
• The occurrence or accident that led directly to your injury was the outcome of the breach.
• You suffered losses as a result of the incident brought on by the duty violation.

Damages are decided by a jury, not a judge. Even while you might think your case for carelessness is strong, a jury might not agree.

To book your case evaluation with a personal injury lawyer in Texas, contact our team right away.  With over 40 years in the field, we are just a call away to answer any questions or concerns you may have.