Dallas Personal Injury Law Firm

Physical injury, emotional injury, and personal property damage are all considered legally to be “personal injury.” Personal injury law allows an injured party to receive compensation for damages resulting from the carelessness, recklessness, negligence, or intentional acts of another individual. Another name for personal injury law is tort law. Tort laws operate on both the state and federal levels for the protection of individual rights.

Though there are many kinds of torts, all such violations have three elements. When all three elements take place, a personal injury, or tort, has occurred:

1. a legal "duty" (often implicit or implied) between defendant and plaintiff
2. a breach of that duty
3. damage stemming from that breach

Implicit in our society are expectations or duties for all citizens not to harm each other. An extension of this is that not only should people be safe from harm, but their possessions as well. When you or your possession are damaged, the person responsible for the damage becomes liable for that damage - this is the thrust of all tort laws.

Personal injury damage may be caused by intentional actions or by negligence - failure to act. Intentional acts are designed to cause harm or injury. Negligent acts can just as readily result in harm due to failure to act.

Throwing a brick through a car window is an intentional act and a violation of personal injury law (it may also be a criminal action). Accidentally dropping a brick out of a window onto a parked car is a negligent act, but also a violation of personal injury law.

Personal injury law also exists in the form of “strict liability.” Strict liability means that injury/damage alone is enough to violate the duty - whether the violator was acting intentionally, negligently, or responsibly makes no difference. For example, manufacturers are expected to ensure their products are safe when used as directed. When a consumer is injured by a product, this strict liability has been violated, even if the manufacturer followed all of the rules and behaved responsibly.

The violator of a personal injury law is expected to recify the situation. The legal term “damages” is used to describe what is owed to right the wrong. Often, damages are resolved through insurance or other private settlements. However, some victims find that settlement offers fall short of fully compensating for thier losses.

If you find yourself the victim of a personal injury, there dos and donts:

DO:

• Seek medical attention and follow up with the proper authorities and agencies, including your insurance company.
• Contact an attorney.
• Act quickly: statutes of limitations mean that victims have a finite period of time to file personal injury cases.
• Avoid discussing the your case and its circumstances with strangers and, especially, representatives from other insurance companies.
• Cooperate with the police, medical professionals, and your insurance company.

DON'T:

• Give statements of any kind - written, recorded, or verbal - regarding your accident to anyone without approval from your legal counsel.
• Give any false, incomplete, or incorrect statements to any medical professional treating you. Don't be afraid to admit that you don't remember.
• Change your contact information (address, phone number, etc) or employment without contacting your attorney.

If you or a loved one is in need of legal assistance, call The Moore law Firm, PLLC at (972) 599-7676 or submit an online questionnaire. The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Please call right away to ensure that you do not waive your right to possible compensation.