Injury Law 101

Personal Injury Law in Texas, Louisiana, Arkansas, and the U.S.

Personal injury law covers the issues that arise when one experiences a physical or emotional injury or sustains damage to personal property. Personal injury lawsuits give victims the chance to seek compensation when someone’s carelessness, recklessness, or intentional misconduct injures or damages you or your personal belongings.

In legal circles, personal injury law is also known as tort law—“tort” is the French word for wrong. The person who commits the tort, or wrongful act, is sometimes called a “tortfeasor,” but, usually, we just call this person the defendant. The victim who brings the suit is called the “plaintiff” or “claimant.”

Types of Personal Injury under U.S. Law

We classify personal injury law in the United States in three broad categories, related to the type of fault involved. These categories are negligence, intentional torts, and strict liability torts.

Each category comprises different types of legal wrongs, which we call causes of action. Each also indicates a different standard of care, or level of responsibility the defendant owed you.

An automobile accident is a classic example of an event to which personal injury law applies. If someone hits the back of your car while you are stopped at a red light, that person commits a tort against you, and you may need to bring a personal injury lawsuit against him or her.

How Personal Injury Lawsuits Work

Usually, state law governs personal injury lawsuits, but, sometimes, federal laws apply, too. For example, if you suffer an injury on federal property, the injury may be covered by the Federal Tort Claims Act. Injuries that occur in an airplane crash may be governed by international treaties.

In order to seek monetary recovery, one must prove an injury happened because of someone else and that the injury caused damages. For example, if you were to slip and fall due to someone else’s fault or negligence, but you didn’t get hurt, you could not recover damages.

Personal injury lawsuits determine who is responsible, or liable, for causing injury and how much the responsible party is required to pay for damages resulting from the injury.

Your Rights under Personal Injury Law

In all matters involving personal injury, it is essential that measures be taken promptly to preserve evidence, to investigate the accident in question, and to file a lawsuit prior to the deadline imposed by the statute of limitations.

Statutes of limitations vary by state and determine how long you have to file a lawsuit. If you wait too long after your accident, you lose the right to file a lawsuit and recover monetary damages.

Filing a Personal Injury Lawsuit with our Law Firm

If you or a loved one is the victim of a personal injury, please tell us about it on our Free Case Review page.
The initial consultation in our office is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds.
Don’t delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.

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