Personal injury cases occur when one party is negligent, or fails to act in a manner which a reasonably prudent person would or would not do

"Personal Injury" is part of a large area of the law known as "torts". Torts are any civil wrong for which the law affords a remedy, other than breach of contract. Torts include any physical, mental or emotional damage done to another for which damages may be assessed, including wrongful death.

There are two major elements to a personal injury case. First, liability, or proving negligence was committed by a party. Secondly, damages, or proving there were damaging effects as a result of the negligence.

Damages may include physical pain, mental anguish such as worry, anxiety, stress, fear, etc., medical bills, lost wages and possible punitive damages. Punitive damages are awarded only for "gross" negligence, malice, or willful and wanton conduct.

Unfortunately, there is legislation now in effect in twenty states (including Texas) that allows the legislature to limit damages awarded by juries. In fact, in Texas, there will be an election this Fall on a constitutional amendment that, if passed, would allow the legislature to cap damages in every category of personal injury case. This would severely restrict the rights of ordinary citizens to be compensated fairly for catastrophic injuries caused by the negligence of careless individuals and corporations and would serve only to increase the already obscene profits of insurance companies.

For more information, contact an experienced personal injury lawyer at Houston law firm Christian Hill and Associates today.