News

What Counts as a Personal Injury?

If you’re seeking legal representation due to an injury, you may be wondering what counts as a personal injury under the law. Even just figuring out which kind of lawyer you need based on what happened to you can be confusing. At Allen & Nunnally, we’re committed to helping you find the right path to pursue your injury case, which may be working with our team or a referral relationship with an attorney who practices another area of law.

Personal Injury: What Does It Mean?

Broadly, “personal injury” refers to harm you’ve suffered because of someone else’s actions. The harm can be physical, mental, or even reputational. In the legal world, personal injury has a specific meaning that refers to a type of law and the lawyers who handle cases that fall under it.

Court cases are generally divided into two types: civil and criminal. Civil cases are pursued by individuals or businesses against other individuals or businesses. Commonly, civil cases begin when someone believes another person has breached a contract or committed a tort. The word tort means “an act or omission that gives rise to injury or harm to another”. Different kinds of torts are defined by law, such as negligence. You can pursue a civil case in court if you believe someone else has not taken the appropriate amount of care, or, in other words, has been negligent, causing your injury.

Personal injury lawyers typically handle negligence cases, as well as cases where it’s alleged that the defendant caused a tort but acted more than negligently (recklessly or intentionally, or has strict liability). Some personal injury lawyers also handle wrongful death lawsuits and employment-related tort and contract cases, such as tortious interference with business relationships.

What’s the Difference Between Personal Injury and Workers’ Compensation?

There’s a difference between personal injury and workers’ compensation under the law, including who typically handles these cases. Workers’ compensation usually involves employers purchasing insurance to cover on-the-job injuries. If an employee is injured on the job, insurance may cover medical costs, lost wages, and other expenses associated with the injury. Workers’ compensation lawyers help injured employees recover the compensation they deserve if insurance companies refuse to pay out.

Some personal injury cases could involve work, such as if an injured worker is a contractor not covered by workers’ comp insurance. But mainly, personal injury cases involve motor vehicle accidents, slip-and-falls, dangerous conditions at businesses, construction and industrial accidents, oilfield accidents, and other types of accidents. Insurance may or may not cover a personal injury accident, depending on where and how it happened and who is responsible. In short, personal injury cases are very different from workers’ compensation cases, and different types of lawyers may handle them.

Frequently Asked Questions

How do I find a personal injury lawyer?

You’ll want a personal injury lawyer who practices in your area and has experience with cases like yours. At Allen & Nunnally, we offer free consultations to make sure we’re the right fit for your situation. We commonly handle cases involving oilfield, industrial, construction, and car accidents; wrongful death; burn injuries; and business (premises liability) injuries. Please give us a call to schedule your consultation.

I spoke to a workers’ compensation lawyer who can’t take my case. Can you help?

Our firm often receives referrals from workers’ compensation lawyers who speak with potential clients who were not at work when they were injured. In that situation, a personal injury lawyer is the more appropriate choice. In addition, we receive referrals when independent contractors or workers not otherwise covered by workers’ comp insurance get injured. If you fall in either of those categories, contact us to learn more.

“No Better Friend” “No Worse Enemy” in Injury Accident Cases

Have you suffered a serious personal injury and need legal advice on your case? Do you need help recovering the compensation that you deserve? At Allen & Nunnally, we pride ourselves on maintaining a high level of preparation and discipline, which stems from our time in the Marines. Our success on behalf of injured clients shows why hardworking Texans trust us to fight for them. To schedule a consultation with one of our Houston-based attorneys, email us at info@allen-nunnally.com, use our convenient Contact Form, or call (713) 955-2217.