Personal injury refers to an injury to a person’s body—also known as bodily injury—or to their mind or emotional well-being—also referred to as emotional distress or pain and suffering. The term personal injury is also used to refer to a broad category of legal claims involving personal injuries or death.
Claims for personal injuries are generally known as torts—wrongful acts that are done intentionally or negligently, or for which there is liability without proving negligence (strict liability).
Personal injury claims are primarily a matter of state law and may be compensated by the court system if the injured person—also known as the claimant, or the plaintiff if a lawsuit is filed—can prove liability (another person or entity caused the personal injury) and damages (medical expenses, permanent disability, death).
In Texas, personal injury law allows individuals who have suffered bodily injury, emotional distress, or pain and suffering due to another's wrongful act to seek compensation. These wrongful acts, known as torts, can be intentional, negligent, or subject to strict liability, where fault is assigned without proving negligence. To succeed in a personal injury claim, the injured party (claimant or plaintiff) must establish that the defendant is liable for the injury and that there are actual damages, such as medical expenses, permanent disability, or in the case of wrongful death claims, the loss of a loved one. Texas law sets specific statutes of limitations for filing personal injury claims, which is generally two years from the date of the injury. Additionally, Texas follows a modified comparative negligence rule, which means that if the claimant is found to be partially at fault, their compensation may be reduced proportionally. If they are more than 50% at fault, they may be barred from recovering any compensation.
