What Personal Injury Lawsuits are, and What a Personal Injury Lawyer Can do for You
The word “personal injury” is a classification of law that surrounds civil reimbursement for any sort of physical injury and any additional damages suffered by an injury victim. These damages usually include physical, emotional, and financial harm, and other elements surrounding personal loss that are the responsibility for the person or entity whose actions caused the accident, to pay.
This “liability” may apply to either that lawsuit defendant’s willful action or inaction (negligence). When someone suffers an injury, Texas Law allows that person, or plaintiff, who suffered the injury, the legal right to seek monetary relief from the liable who is responsible for the injury. That defendant can be either a person or organization and there can be more than one defendant, even though each defendant is usually sued separately.
However, the personal injury laws in Texas, which are based on the Texas Civil Practices and Remedies Code, do not automatically declare that the defendant owes the plaintiff anything. In other words, just because someone harms you doesn’t mean they pay-up without a fight. This is the single most important, yet one of the most generally misunderstood aspects of Texas personal injury law. Just because they owe, doesn’t mean you automatically get. Instead, according to these laws, the victim only has the right to seek fair and satisfactory compensation from the perpetrator (or defendant), for the injury the plaintiff has suffered. And that is typically done (or at least the process begins) through the filing of a civil damages lawsuit.
Personal injury laws in our state do not command that defendants must give up their money as a matter-of-course. Rather, our laws leave it up to the injured plaintiff to convince the jury that the other person (or organization) is guilty. It is also necessary for the plaintiff to disprove the defense tactics of defendants as they try to avoid paying the damages the plaintiff seeks. This is called the plaintiff’s burden of proof, though, in reality, it should also be expanded to add “burden of dis-proof.” In the final analysis, plaintiff success lies in proving the defendant was, in fact, the proximate cause of their injuries in each and every personal injury lawsuit. Until this burden is satisfied, you won’t be paid anything.
Put our years of experience to work for you. If you want to know what your rights are, how to proceed with your claim and how much compensation you can secure from your personal injury case, regardless of how it happened or who is liable, we can answer all of your questions. Call a personal injury specialist with our Law Firm now at 1(800) 862-1260 (toll-free) for a free consultation and find out how we can help you.