TEXAS CITY LAW BLOG

If you have been injured as the result of somebody else’s negligence or recklessness—for instance, in a motor vehicle crash, in an explosion, through the defect of a product or because you slipped and fell on an improperly or poorly maintained surface—you have the right to seek compensation.

If you have suffered a traumatic event, such as a car accident, the physical wounds are often obvious: you broke a bone, or you suffered lacerations, bruises, burns or a concussion. In the most severe cases, you were rendered a paraplegic or had severe internal injuries. But often less obvious—and perhaps more insidious—are the emotional wounds.

Filing a personal injury claim is a way to get compensation for someone injured in an accident through the fault of another. A settlement offer is made by the insurance company to the injured party to cover costs for medical treatment and other “special” damages, or those that can easily have a dollar amount put on them, such as loss of property or lost wages.

Many people make the mistake of conflating the terms bodily injury and personal injury in the event that they are hurt in an accident or incident. Yes, both concern injuries to a victim and are used when discussing the type(s) of coverage and compensation to which they might be entitled. But the terms are not interchangeable.

PIP exists to protect motorists in the event that they are injured in an accident in which they are at fault, fault cannot be determined, fault is shared equally among parties, or the at-fault party does not carry proper insurance. Should this be the case, the motorist can invoke his or her own PIP policy to gain some coverage for injuries.

One of the most important elements of your personal injury case in Texas, and particularly of the settlement negotiation phase, is your demand letter. A personal injury demand letter is essentially a jumping off point.