El Paso Personal Injury Lawyers
Types of Personal Injury
Personal injury law allows an injured plaintiff to get compensation when someone else’s negligent or intentional act caused the plaintiff harm. There are a variety of different situations that can give rise to a personal injury case, although not every situation in which someone is injured is going to lead to liability. These are some of the most common kinds of personal injury cases.
CAR ACCIDENT CASES
Car accidents spur the most personal injury cases in the United States. When an accident happens, usually it’s because someone isn’t following the rules of the road, or driving as carefully as he or she should be. A careless driver can (usually) be held financially and responsible for injuries stemming from a car accident. Exceptions do exist in the dozen or so “no fault” states, where drivers have to collect from their own insurers except in cases of “serious” injury.
- 18 Wheeler Truck Accident – Some of the worst accidents involve large vehicles, including 18 wheeler trucks and tractor trailers. There are a number of reasons why these accidents happen. In some instances, commercial truck drivers choose not to follow the rules of the road, drive against all industry regulations, others may not have been properly trained or licensed to handle these commercial vehicles, some may tailgate or drive recklessly, they may also drive while fatigued, or drive while under the influence of alcohol or other drugs. Some drivers may fall asleep or drive while texting and this distraction doesn’t allow them sufficient time to avoid an accident.
- Car Accidents – Some of the more common types of accidents are personal car accidents. You should always consult an attorney if you are involved in one of these accidents when there is serious injury or death as a result of the accident.
- Defective Car Parts – Each year, defective vehicle parts and products injure and kill many Texans. Some examples of defective car parts are: 1) Defective airbags; 2) defective seatbelts; 3) vehicle fires caused by defective car parts; and 4) defective tires.
- Motorcycle Accidents – There are two types of motorcycle accidents. One is an accident resulting from the reckless driving of someone on a motorcycle. The second is when the motorcyclist is injured as a result of another driver not paying attention and causing the motorcyclist injury.
- Pedestrian Accidents – Pedestrians are often hit by someone who is driving recklessly or carelessly. If a pedestrian is hit by a car, the injuries can be and often are serious. If you have been seriously injured and you were not at fault, you should schedule a free consultation to determine your rights and legal options.
At the Law Office of Xochitl A. Ambriz, we fervently seek compensation for your injuries due to the negligence of others. Often times you have a legal right to claim financial compensation for your losses, including medical expenses, lost present and future salary, and pain and suffering. If you have been injured in an accident as a result of the negligence of others, call our office for a FREE consultation at 915-533-1610.
SLIP AND FALL CASES
Slip and fall accident cases are another very common type of personal injury case. Property owners (or, in some cases, those who are renting property) have a legal duty to keep their premises reasonably safe and free of hazards, so that people who are on the property do not become injured. Of course, not all injuries that occur on the property will lead to liability. The exact nature of a landowner’s legal duty varies depending on the situation and according to the law in place in the state where the injury occurred. The exact duty owed to someone who is injured takes the complex analysis which attorneys are trained to do. If you have been seriously injured as a result of a slip and fall call for a free consultation so that we can evaluate your case and give you your legal options.
DEFAMATION: LIBEL AND SLANDER
Defamation of character in the form of libel or slander refers to the fact that a person can suffer an injury to his or her reputation as a result of untrue statements. The exact nature of what defamation plaintiff must prove will vary depending on who the plaintiff is, and the forum where the statement was made. The average person usually just needs to prove that an untrue negative statement was made and that actual harm (financial loss) came from it. Celebrities or public figures, on the other hand, usually need to prove “actual malice.” This means they need to prove that the untrue statement was made either intentionally or with reckless disregard to the truth of the statement.
In most cases, the owners of a dog are financially responsible for bites and other injuries caused by the dog. The exact laws on owner responsibility do vary from state to state, though. In some cases, strict liability rules exist and the dog owner is going to be liable for dog bite damages even if the dog has never shown any aggression or propensity to bite in the past. In other states, “one bite” rules exist, in which owners only become responsible for personal injury damages once there is a reason for those owners to know their dog is aggressive or prone to biting (like a previous history of bites.) These dog bites should never happen, not if people were obeying the law. Almost every city in America has leash laws which require dogs to be properly restrained. Properly restrained means they should be inside a house, inside a fenced yard, or on a leash at all times. They should not be free to run anywhere they want, including a front yard or driveway. If you’ve been injured as a result of an animal bite, it can be and is often very costly. The cost of the dog bite can be from medical costs and from time off from work to name a few. If you have been injured due to the negligence of a dog owner, call our office to schedule a free consultation so that we can evaluate your case and give you your legal options.
ASSAULT, BATTERY AND OTHER INTENTIONAL TORTS
Unlike most other types of personal injury claims, intentional torts are not based on accidents caused by negligence or carelessness, but rather when one person harms or injures another with intent. These cases almost always involve the added aspect of a criminal case against the perpetrator. For example, when one person physically attacks another, he or she will probably face criminal charges. Additionally, the victim can file a personal injury lawsuit in civil court and demand compensation for the injuries. If you have been injured due to the intentional actions of another person, call our office to schedule a free consultation so that we can evaluate your case and give you your legal options.
WORK-RELATED PERSONAL INJURY CASES
Even in today’s economy, work-related injuries are still extremely common. The Bureau of Labor Statistics noted that more than three million non-fatal work-related injuries occurred in 2009 and nearly 5,000 fatal injuries took place in in 2010. Many people, however, do not report work-related injuries out of fear of losing their jobs, so these numbers may only reflect a small percentage of the total amount of work-related injuries. If you have been injured at work call our office to schedule a free consultation so that we can evaluate your case and give you your legal options.