FAQ

Frequently Asked Questions

What are the different types of Texas Personal Injury Claims?
1. General Negligence
The most common type of Texas personal injury claim is a negligence claim. To win, an injured person must prove four things: (1) the defendant owed the plaintiff a duty of care: (2) the defendant failed to meet the standard of care; (3) the defendant’s failure caused injuries, which were foreseeable; and (4) the amount of damages.

2.Texas Medical Malpractice Claims
Most Texas medical malpractice claims are governed by general negligence principles, but the claims also have their own set of rules and problems. In a medical negligence claim, the injured party must prove that the doctor or hospital failed to use the degree of care that an ordinary doctor or hospital would have used under similar circumstances. To prove this, the injured party must produce testimony from another physician establishing the standard of care and describing how the defendant doctor’s conduct fell below the standard. Once the injured party proves that the doctor was negligent, the party must prove that he would have been better without the negligence.

3. Texas On the Job Injury Claims
Texas on the job injuries are governed by the Texas Worker’s Compensation statute. If an employer maintains qualified worker’s compensation insurance, an injured employee is allowed to pursue a worker’s compensation claim, but is not allowed to sue the employer. The employee is, however, entitled to sue third parties who have negligently caused the on-the-job injury. For example, if an employee who is covered by worker’s compensation insurance is in a car wreck while on the job, the employee may sue the other person who caused the car wreck, but may not sue his employer.

4. Texas defective product claims
The primary causes of action pursued by persons injured by defective products are negligence, breach of warranty claims, and strict liability claims.

5. Breach of Warranty
When a product is sold, there may be implied warranties and express warranties related to the sale. Generally, when a product is sold, a seller gives an implied warranty that the product is fit for its ordinary use. Additionally, if a buyer tells the seller why he needs a product and the buyer relies on the seller to pick a suitable product for the buyer’s need, then the seller is giving an implied warranty that the product is fit for that purpose. Each of these implied warranties may be subject to modification or disclaimer in the contract.

Learn more about types of personal injury claims.

What types of damages my be recovered in a Texas Personal Injury claim?
Types of damages that may be recovered are:

  • Reasonable expenses for necessary medical care
  • Physical pain and mental anguish
  • Loss of earning capacity
  • Physical Impairment
  • Disfigurement
  • Injuries to spouse
  • Bystander cause of action
  • Exemplary damages

Learn more about damages that may be recovered personal injury claims.

Who May Bring a Wrongful Death Claim?
Wrongful death claims are governed by the Texas Wrongful Death and Survival statute. The statute only allows recovery for a specific group of people: the surviving spouse, any surviving children, any surviving parents, and the deceased’s estate.

Who Needs Personal Injury Protection and Uninsured/Underinsured Motorist Coverage?
Uninsured/underinsured coverage allows you to file a claim for your injuries if you’re in a wreck where the other driver doesn’t have any insurance or doesn’t have enough insurance to compensate you for your injuries. Today, an estimated 20% of Texas drivers don’t carry liability insurance at all. Those who do carry it often have only the minimum policy limits of $20,000.00. Unfortunately, with the high cost of health care, just one surgery could cost you in excess of that minimum $20,000.00 coverage policy. In such a situation, if you haven’t purchased an Uninsured Motorist/Underinsured Motorist Coverage (UM/UIM) policy, you’ll be seriously out of luck.

We also recommend the purchase of Personal Injury Protection coverage (”PIP”), an inexpensive policy that pays for the medical expenses and lost wages that you incur as a result of an auto accident.

You may wonder then why you need PIP if you have health insurance or why you would need PIP if you plan to recover from the other driver involved in any accident. Unfortunately, health insurance — even good health insurance — doesn’t pay 100% of your bills. PIP helps bridge that gap. PIP also covers any lost wages you suffer by reimbursing you for those. Lastly, anyone who has ever been a party to a personal injury lawsuit will tell you that many expenses, such as attorneys’ fees, are not reimbursed. PIP can be an effective way to help offset these expenses.

Perlmutter & Schuelke, LLP maintains offices in Austin, Texas. However, our attorneys and lawyers represent clients throughout the state of Texas, including Dallas, Houston, San Antonio, Forth Worth, El Paso, New Braunfels, San Marcos, Kyle, Buda, Round Rock, Georgetown, Lockhart, Bastrop, Elgin, Manor, Brenham, Cedar Park, Burnet, Marble Falls, Temple and Killeen. By Brooks Schuelke

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