Most Common Personal Injury Lawsuits in Texas

Personal injury lawsuits are a legal avenue through which individuals who suffer injuries due to another party’s negligence can recover compensation. Personal injuries in Texas can result from a wide range of situations resulting in different types of lawsuits that demand different approaches. 

Types of personal injury lawsuits include car accident lawsuits, slip and fall, workplace accidents, dog bites, medical malpractice, etc. 

Car Accident Lawsuits

According to TxDOT, approximately 19,448 people sustained severe injuries on Texas roads in 2021, making car accident lawsuits among the most prevalent in Texas. However, not all injuries result in car accident lawsuits because there are situations where the injured party is at fault for the accidents. 

Car accidents can result from various causes, including driver negligence, poor road conditions, poor signage, and faulty parts. So when filing a claim, you must identify the real cause of the accident, which helps establish the liable party.

Slip and Falls

Slips and falls are just as the name suggests; accidents resulting from slips and falls. According to the National Floor Safety Institute, 12 percent of all fall-related injuries in the US result from slip and fall injuries. 

Liability for slip and fall accidents lies on either the owner or the occupier of a property or premises, with some leading causes including floor spills, icy conditions, and poor property maintenance. 

Workplace Injury Lawsuits

Labor laws obligate the employer to provide a safe working environment. Unfortunately, even the highest level of caution cannot guarantee a zero chance of an accident. According to the Texas Department of Insurance, approximately 178,900 non-fatal workplace injuries were recorded in Texas in 2021 alone. 

When an accident occurs at the workplace, an employee has the right to compensation under workers’ compensation insurance. Worker’s compensation insurance operates on a no-fault basis meaning the employee doesn’t have to prove negligence to the employer, and the employer doesn’t have to lay the blame on the employer with only a few exemptions. 

Some industries have higher prevalence rates for work-related injuries than others, with the leading industries including transportation, agriculture, manufacturing, and construction. 

Medical Malpractice

Medical malpractice lawsuits arise in a situation where an injury results from the mistakes of a healthcare provider. Errors that could give rise to medical malpractice; lawsuits include misdiagnosis and late diagnosis, surgery mistakes, wrong prescriptions and dosages, and bedsores and infections, among others. 

“Medical malpractice lawsuits are among the most challenging to navigate. So ensure you enlist quality legal representation in your case,” says attorney Felix Gonzalez of Felix Gonzalez Accident and Injury Law Firm.

Except for workplace injury lawsuits, all other types of personal injury lawsuits are based on negligence which has four elements; duty of care, breach of duty, causation, and damages.

Elements of Negligence

The duty of care is the legal obligation imposed on a divider requiring them to act in a manner that doesn’t put others at risk of harm. For example, a driver is obligated to operate their vehicle in a manner that doesn’t endanger other road users. Failure to uphold the duty creates a situation where the person can be said to be in breach of duty. 

Causation refers to the link between the breach of duty and an accident, but it is not yet negligence until the victim suffers injuries, and the injuries result in compensable damages. 

If you successfully win your lawsuit, you will recover economic, non-economic (except in workplace injury lawsuits), and, in rare circumstances, punitive damages. Texas applies caps for non-economic damages at $250,000 per claimant and $500,000 for multiple claims.