Personal injury claims are quite common considering that the injuries obtained from these sort of cases, occur everyday. These incidents are untimely, costly, and can become emotionally draining for a victim who is poorly represented in court. Because these impairments and claims are filed so frequently, many concerns are raised by the plaintiff regarding their eligibility to file a claim.
What is Personal Injury?
Personal injury is generalized as the negligence of an outside party. This branch of law covers the mental, physical, and financial damage inflicted upon individuals who have:
- Received injuries from falling or slipping
- Are involved in automobile accidents
- Are bitten or attacked by another’s pet
- Received injuries from a defective device
- Tripped over an object in a public office
- Been affected by medical malpractice
Who Can File a Claim?
Research conducted by the National Center for Health Statistics has found that more than 31 million injuries take place in the U.S. each year that require professional medical care. Due to the staggering number of individuals who are harmed from various accidents, the judicial system has developed rules and regulations as to who can and can’t seek legal action for their impairments. So, who qualifies to file a personal injury claim?
Aside from obtaining an injury from the types of accidents listed above, individuals seeking compensation from another party’s negligence must ensure that their case has:
- Standing– The plaintiff must have suffered a true injury. A person has legal standing if they fell or slipped on the wet floor in an office and broke their nose. This person however, would not have standing if the fabric of their shoes was discolored by the same office puddle. The impairment must be relevant to the case and not obtained from an outside party at the time of the incident.
- Recency– In Texas, plaintiffs have a time frame of two years to file a personal injury claim. It isn’t reasonable for anyone to wait five years to take legal action for their injuries; by this time, evidence and legal grounds have expired and the victim no longer has a valid argument for their case.
Remember, each state has different legalities pertaining to personal injury suits. Be sure to examine these differences when seeking legal assistance for your mental, physical, and financial injuries obtained from another party’s disregard for your safety.
If you’re in Texas and seeking reliable legal representation, contact Byrd Law Firm at (713)864-3000 to speak with an attorney who can help with your personal injury litigation.