Bodily Harm under Texas Law
In Texas law the term bodily harm or injury means physical pain, illness, or any impairment of physical condition.
If you are involved in an automobile accident and are seeking medical coverage from another driver at fault your claim will be subject to Texas bodily injury rules. If your own insurance does not have personal injury protection coverage (PIP) then your injuries must be paid for by the insurance company of the driver at fault.
If the accident is your fault your injuries will likely not be covered and you may need to use your health insurance. Your own coverage pays for serious and permanent injury or even death of other parties when you cause an automobile accident. In this instance your insurance company will pay for injuries to the other parties up to the limits of your policy. Your insurance company may also provide legal representation for you if needed.
Texas is considered a fault state meaning that your insurance company and the company of the other driver may share responsibility in financial payment for medical claims, including loss of wages and other expenses, based on degree of fault.
A statute of limitations may apply meaning that you must file a lawsuit or even close or settle a case within two years.
Bodily harm or injury may also arise from assault. These types of injuries fall under Texas criminal law. A person convicted of criminal assault may be financially responsible for your injuries and you may be able to sue them for civil damages.
Bodily injury may also be a result of family violence. Family violence is treated as a special area of Texas criminal law. A family member that intentionally and knowingly or recklessly causes bodily injury to another may be subject to serious criminal penalties.
John Q. Lawyer
Attorney at Law
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