Personal injury is a legal term for an injury to the body, mind or emotions, as opposed to an injury to property.   Personal injury claims and lawsuits are filed against the person or entity that caused the harm through negligence, gross negligence, reckless conduct, or intentional misconduct, and in some cases on the basis of strict liability.   Depending upon the intent or negligence of a responsible party, the injured party may be entitled to monetary compensation from that party through a settlement or a judgment.  Damages are categorized as either special or general. Personal injury torts may result in claims for both special and general damages.  Special damages are measurable costs or out of pocket expenses which can be itemized such as medical expenses, lost earnings, and property damages whereas general damages include less measurable costs such as pain and suffering, diminished quality of life, and loss of consortium.   The injured person may get compensated for the lifetime effect of the injuries.  This is called loss of enjoyment of life and is compensable. Additionally, lost earning capacity (future ability to earn an income) and future reasonably necessary medical expenses are recoverable.

Common types of personal injury claims include road traffic accidents, auto/truck crashes, boating accidents, motorcycle/bicycle accidents, slip and falls and pedestrian collisions.

Generally, the most common types of personal injury claims are covered by liability insurance and a settlement for monetary compensation is negotiated with the insurance company.  Injured parties usually end up with a better monetary settlement if represented by legal counsel, even after paying attorney fees.

If however a settlement is not reached it is critical to have a skilled and experienced attorney who can file a lawsuit to seek a monetary judgment to compensate for the damages suffered by the person injured.  In Texas, the attorney for the injured person can present the case to a jury of 12 people at trial and ask them to find the other party at fault (liable) for the injuries and determine an amount to award as compensation.  Typically, the party at fault will be represented by an attorney hired by an insurance company once the lawsuit is filed.

Legal fees
Lovett Law Firm represents clients on a "contingent fee basis" in which the attorney's fee is a percentage of the plaintiff's eventual compensation, payable when the case is resolved, with no payment necessary if the case is unsuccessful.

Time limitation
Many jurisdictions, including Texas, have statutes of limitations - laws that determine how much time you have to file a claim. If a lawsuit is not filed in a timely manner the statute of limitations provides a defense that can allow the defendant to have the case dismissed with no compensation to the plaintiff.  In Texas, the statute of limitations for personal injury claims is two years.  Because of the varying time limitations it is important that you consult with legal counsel as soon as possible to protect your legal rights.