Personal Injuries Can Happen to Anyone, Anywhere
Thousands of accidental injuries and deaths occur every year in America. From car crashes to truck accidents and slips and falls, personal injury accidents result in more than 33 million visits to the emergency room each year.
Personal Injury Definition
The term “personal injury” means any kind of physical injury and the suffering that results, including mental trauma that occurs because of the actions or inactions of another entity or person. The law in Texas states that the person who experiences a personal injury, otherwise known as the “plaintiff,” is eligible to try and obtain restitution from the party responsible for causing the injury, otherwise known as the “defendant.”
The Texas Civil Practice & Remedies Code is the basis of Texas personal injury laws. However, it is imperative to note that, according to Texas personal injury law, defendants do not owe anything to plaintiffs. Plaintiffs are allowed, under the law, to seek fair restitution from the defendant in order to make the plaintiff whole after a personal injury has taken place. Personal injury laws in Texas do not require defendants to pay anything to plaintiffs; rather, plaintiffs have to initiate litigation, prove defendants were responsible, and prove the monetary amount of their damages in order to obtain compensation from the court. Typically, defendants are liable only for the damages they directly caused, and only to the extent the plaintiff suffered. Therefore, it is vital that the plaintiff prepare a case focused on proving not simply liability, but also damages and cause.
Can You File a Personal Injury Lawsuit?
Any person can sue any other person. In order for your case to have a chance to succeed, you have to prove four elements: Duty, Breach, Cause, and Damages. You must first prove that the defendant owed to you a legal duty of care. Then, you have to prove the defendant breached that duty – for example, by performing a certain action or failing to perform an action. Then you must prove the defendant’s breach of duty resulted in harm befalling you. And finally, you have to prove you were damaged – you must quantify those damages in a specific dollar amount.
The definition of “duty of care” that one person owes another person can vary depending on the situation. Drivers, for instance, are charged with the duty to drive their vehicles in such a fashion so that they do not cause an accident to occur. Careless or reckless driving that results in harm to another person is a breach of that duty not to harm another driver. The level of care varies according to the parties involved. Your doctor, for example, owes you a higher level of care than does your neighbor.
The Three Elements of Successful Personal Injury Litigation
There are three elements to a successful personal injury case: liability, damages, and a solvent defendant. The following is an explanation of these elements.
If a defendant violates a legal duty that is owed to the plaintiff, the defendant is said to be liable to that plaintiff, and therefore, the defendant is also liable for the damages incurred by the plaintiff. Typically, a defendant violates that duty through the commission of some negligent act. The term “negligence” is defined as conduct that is careless or reckless, and which leads to some kind of accident. A common form of negligence is inattention; however, defendants can also be guilty of committing an act of “gross negligence.” The standard of proof for gross negligence is significantly higher than standard negligence and usually means the defendant did something with the full knowledge that doing so will probably lead to some kind of harm. For instance, the act of driving while intoxicated is a grossly negligent act. There are other instances where a defendant will commit an intentional or willful act that will lead to liability. Both of these kinds of acts mean the deliberate infliction of harm on another person, e.g. assault. No matter what the level of the defendant’s conduct may be, however, the plaintiff is required to prove that the defendant acted negligently in some form or fashion in a manner that holds them liable for the injury suffered by the victim.
We Encounter Many Different Types of Personal Injury Claims Involving: Circumstances May Vary
Auto Accidents: Car crashes often leave victims with devastating injuries, which means missed days of work and lost wages. We hold negligent drivers accountable for their actions.
Truck Accidents: Trucks can weigh as much as 80.000 pounds that is why trucking accidents can be catastrophic given the size of the vehicles involved. Not only do they often result in significant vehicle damage, but they can also leave victims with severe or even fatal personal injuries. We will help you obtain rightful compensation from those liable.
Motorcycle Crashes: Riders often face many challenges when filing a claim, since they are often considered reckless, even if the accident wasn’t their fault. You will need the skills of an experienced personal injury attorney to help you fight your case.
Oilfield Accident Cases: Oilfields are one of the most dangerous places to work, with company negligence often leading to injury and/or death. While employers and insurance companies usually try to defer their responsibility, we know the law and can provide the protection you need.
Dog Bites/Animal Attacks: Dog bite injuries are surprisingly common, yet recouping your losses isn’t always easy. If you have a legal right to pursue financial compensation for lost wages, pain, and suffering, and medical bills, then we can help.
Bicycle Accidents: Unfortunately it happens quite frequently in San Antonio that bicyclists are hit by cars. Many are seriously injured or die.
Slip and Fall/ Premise Liability: Yes slip and fall actually does happen more then you would think. Wet floors in a retail establishment, objects lying on the floor that trip you a.s.o.
Work Place Accidents: Construction sites are notorious to causing bad accidents with severe injuries for the affected workers. Scaffolding collapse or falling of one, trench collapse, electrocutions and so on….
Faulty Product/Products: Top heavy TVs, shelves that fall and cause injury to children. Batteries that explode and cause fires and so much more…
Circumstances in like cases vary. Our goal is to empower our clients so that they and their families can move forward to a brighter and more financially secure future.
Do I have a Viable Case?
That will be determent in a case evaluation after you called our office. The Texas personal injury law affords the injury victim to pursue a remedy for injuries, pain-suffering, property damage, and more. Our accident lawyer has the burden of proof to show that the other party was negligent in causing the accident when pursuing injury lawsuits. There is a statute of limitation for personal injury cases in Texas, it is 2 years. But the longer you wait the less likely it is that the case has a positive outcome.