PERSONAL INJURY LAWYERS IN IRVING, TX

A successful personal injury claim must establish four key elements: duty of care, breach of duty, causation, and damages. Our Irving personal injury attorneys explain each of these elements below:

• Duty of care. Duty of care refers to the legal obligation the defendant (at-fault party) owed to the plaintiff (you) to act in a reasonable manner to prevent harm. For example, a driver has a duty of care to other motorists and road users to operate their vehicle safely and follow traffic laws. It is essential to prove that the at-fault party had a duty of care to you.
• Breach of duty. A breach occurs when the defendant fails to meet their duty of care. For example, a driver running a red light or texting while driving violates their duty to other road users by failing to act in a reasonable way that prevents harm to others.
• Causation. You must prove that the defendant's breach of duty directly caused your injuries. You must show that the injury would not have occurred without the defendant's actions.

Damages. Damages refer to the actual losses you suffered due to the injury. You must demonstrate that you incurred actual damages, such as medical bills, lost wages, or pain and suffering.

Depending on the unique circumstances of your case, you may be entitled to several types of compensation. Consulting with an Irving personal injury lawyer about your case can give you a better understanding of what you may be entitled to after an accident.

Generally, however, you can categorize damages into two types: economic and non-economic damages. In rare cases, the court may also award punitive damages.

Economic damages compensate you for the monetary losses you have incurred as a result of the accident. For example, they may include:

• Past and future medical expenses
• Lost wages due to time off work
• Loss of future earning capacity if the injury affects your ability to return to the same job or work at all
• Personal property damage

Non-economic damages, on the other hand, compensate you for the non-monetary impacts you have incurred due to the accident. For example, they may include:

• Physical pain
• Emotional distress
• Loss of enjoyment of life

As we mentioned above, punitive damages are rare in personal injury cases. The court may award punitive damages to punish the at-fault party if their behavior or actions were particularly reckless or malicious.

If someone else's negligence or wrongdoing results in your injuries, you may be able to recover your past and future medical expenses through a personal injury claim. However, settling a personal injury claim can take many months or even a year, depending on the circumstances surrounding your case. In the meantime, you are responsible for paying your medical bills.

You may be able to use your health insurance or auto insurance coverage, such as personal injury protection (PIP) or medical payments (MedPay) coverage, to help cover your medical bills. Additionally, some medical professionals provide medical care in exchange for placing a lien on your settlement or verdict. This means that they will be reimbursed from your settlement or court award if your case is successful.

Do not keep the fear of how to pay your medical bills from seeking the medical attention you need after a serious accident. An experienced personal injury attorney can help you navigate the process, including connecting you with a doctor who works with personal injury victims.