What Is an Injury Claim?
Although there are many different types of personal injuries, an injury claim occurs when an injured party files a legal dispute to obtain compensation for injuries. The claim is filed against the organization or individual who may be legally responsible for causing the damage that resulted in the injury. Personal injury law covers a broad range of different types of injuries, including intentional conduct, accidents, and damage resulting from defective products.
Factors Affecting Personal Injury Claim Amounts
When considering filing a personal injury claim, it is important to understand that each case and claim are different. With that said, here are some factors that tend to affect the final amount of a personal injury claim. These factors include who was at fault in regard to the damage and whether the incident is covered by any type of insurance policy.
Why Who Is At Fault May Affect the Amount of your Personal Injury Claim
One of the most important factors in your personal injury claim is determining who is actually legally responsible or at fault for your injuries. Any individual who had a legal responsibility to behave in a careful manner and failed to do so could be deemed negligent. Generally speaking, any negligent party could be held legally responsible for the injuries sustained by the plaintiff.
Some basic principles do apply to such cases, however. For instance, the injured party must prove they were behaving carefully while the negligent party acted carelessly. If it is determined that the plaintiff also behaved negligently, the plaintiff’s compensation may be reduced to an amount that the plaintiff’s own negligence contributed to the injury.
Employer Responsibility in Personal Injury Claims
If you are involved in a car wreck in which the at-fault party was actually working in the capacity of an employee at the time of the accident, the at-fault party’s employer may also be held legally responsible for the negligent actions of their employee. In this type of situation, the amount of recoverable compensation could potentially be affected by the employer’s insurance coverage. Visit this page to learn more.
Understanding Lawsuits and Settlements When Filing a Claim with a Car Wreck Injury Attorney in San Antonio
Personal injury claims may be resolved in one of two ways; a formal lawsuit or an informal settlement. Lawsuits are brought about in a civil court proceeding in which a personal injury attorney represents the injured party. Although this type of lawsuit is not a criminal case, legal proceedings do still apply.
A personal injury claim may also be resolved through an informal settlement agreement through which both parties agree to resolve the matter without further action. This type of settlement agreement typically involves a payment to the injured party.
How the Statute of Limitations Affects Personal Injury Claims in Texas
Personal injury claims in Texas may be affected by the statute of limitations, which limits the amount of time in which an injured party may file a lawsuit for injuries and damages incurred due to the negligence of another party. Such limitations vary among states. In Texas, there is a two-year statute of limitations.
This means that an injured party only has two years from the date of injury in which to find an attorney and file a personal injury claim. In the event the injured party fails to file a claim within that time period, it is highly unlikely that the court would agree to hear the case.
Statutory Policy Limits in Texas
Texas not only places a limit on the timeframe in which a personal injury claim may be filed but also places a limit on the amount of compensation that may be recovered in cases of medical malpractice. Most medical malpractice cases in Texas have a statutory recovery limit of $250,000 per defendant or $500,000 for an overall claim.
In a claim that involves a wrongful death, the compensation limit has an inflation limit index that typically does not exceed $2 million.
Various factors can impact the amount of compensation you may receive from a personal injury award. Such factors include who is at fault for the injury, whether an insurance policy may cover the injury, and whether your claim may be affected by statutory limitations.