Common Personal Injury Terms

There are a lot of terms that we use in the legal profession regarding personal injury lawsuits. Keeping track of what means what, especially when talking about the different types of personal injury damages, can get a bit tricky. Below is a quick guide to help you get a better understanding of different types of damages:

  • In car accidents, there are the normal types of damages that are easier to account for. Things like the cost of repairing your vehicle or medical expenses. There are other types of damages that can come into play during a car accident suit, however.
    General Damages are are typically things that don’t have a fixed or easily calculated value. Something like mental anguish would be listed among General Damages.
    Special Damages, in contrast, are things like medical expenses or property damage. Things that can be specifically calculated based on costs and fair rates.
  • Punitive Damages are damages awarded in cases where someone’s actions go beyond the normal bounds of negligent or intentional. Punitive Damages are awarded when someone’s conduct is instead fraudulent, reckless, or malicious.
  • Damage Caps are limits on damages that are often outlined in state laws. They often vary by state and by the type of case. For instance, awards from medical malpractice cases are sometimes restricted under a lower cap than those associated with a product liability case.

If you or a loved one was injured and have questions about personal injury lawsuits, give us a call today at (903) 526-1600.


The Truth About Radiology Malpractice

A recent five-year study reported that 80% radiology-related malpractice claims have led to permanent injury, and even death. Nearly all of these claims come from simply misinterpreting clinical tests. 80 percent of missed diagnosis claims within the radiology field will result in long-lasting injury or death.
The report, which analyzed over 10,000 closed claims between 2013 and 2017, found that 15 percent of, “malpractice claims with a diagnosis-related allegation involve radiologist – a portion second only to general medicine providers.”
Amid all of those radiology claims, it included supposed diagnostic failure, misdiagnosis of cancer within the pancreas, ovaries, lungs, and breasts being the most common.
Hanscom, the vice-president of Coverys’ who released the report, stated, “A recent report by the Institute of Medicine specifically references radiology and pathology professionals and emphasizes their critical role in the determination of accurate diagnoses. However, as the malpractice data shows, these providers are not always engaged as part of the diagnostic team.”
It’s an overlooked aspect within the medical malpractice community, but a rather important one. The proper, precise, patient diagnosis is necessary to sustain life. If you or your loved one has been affected by misinterpreted clinical tests or misdiagnosis, please call Martin Walker Law today for a free consultation.


Filing An Injury Lawsuit: How Late Is Too Late?

Not all personal injuries are easy to spot on sight. Some injuries can begin occurring months after the initial accident. Many, unfortunately, decide that too much time as passed and that they have lost their legal rights to those damages. Even though there are time limits, they are dependent upon the initial discovery of your injury and the type of claim being filed.
Typically, we suggest consulting an attorney within 2 years of an injury. The reason is because evidence is most prominent and accurate when they are closest to the incident. There are, in different states, statues of limitations for personal injury which can vary quite immensely. In Texas, it’s 2 years from the date of the injury. In Maine, it’s 6.
There are three important things to know in Texas:

    • Lawsuits for Minors - Texas law establishes that medical malpractice lawsuits that are filed for children under the age of 12 years old have to be filed before they turn 14 years old.

 

    • Chapter 74 - Texas law decrees that every medical malpractice claim must be accompanied by an expert report which is only acquired through an attorney such as Martin Walker Law.

 

  • Statute of Repose – Texas law establishes patients have to file a lawsuit for medical errors before 10 years, after which they lose the right to file.

Oftentimes, injuries that are physical in nature are generally obvious. But in some cases, injuries that are long-term in nature such as disease or leukemia will require experienced attorneys. Call us today, at Martin Walker Law, for a free consultation. 903-526-1600. Visit our Facebook page for more news and updates.


Court Ruling In Florida Is A Win For Medical Malpractice Victims

Court Ruling In Florida Is A Win For Medical Malpractice Victims

Medical Malpractice caps were ruled unconstitutional in Florida which limited victims' intangible damages. Though this is a single court ruling, this is an important precedent for medical malpractice plaintiffs who should be treated as any other plaintiff in cases such as wrongful death and personal injury. In Texas, they place a $250,000 cap on non-economic damages for every doctor and individual healthcare providers. This ruling could mean that it's only a matter of time before the cap is lifted in other states outside of Florida. The legal expertise involved in medical malpractice cases is significant. And at Martin Walker Law, we seek to protect you and your loved ones as we have with many others. Our 5-star review proves it. If you suspect Medical Malpractice, call us today at (903) 526-1600.
Martin Walker PC is a Tyler-based law firm with significant trial expertise representing individuals and businesses in high-stakes litigation, including medical malpractice, catastrophic injuries involving 18-wheeler accidents, oilfield injuries, wrongful death, and product liability. For more information visit: http://www.martinwalkerlaw.com/
If you or someone you know has been affected by malpractice, seek help immediately. We suggest not waiting for 2 years or more from the date you were affected. It’s our duty at Martin Walker Law to represent you to the standard that we believe is necessary to tackle any case.