Personal Injury Law: Attorneys Can Help
Category : Blog Posts , car accidents
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We’re pretty certain you’ve heard the word “personal injury.” But past the fact that it’s a legal term, just what does that mean? Personal injury is a general form of law that surrounds any sort of physical injury civil action. The objective is to seek (and receive) monetary damages suffered by the injury victim: known as the plaintiff.
Traditional damages that may be awarded to the plaintiff by the defendant include all or a combination of payment for past, present and future medical bills, physical and emotional distress, lost wages (both current and future) and disability payments if the recovery lasts a long time, or the injury is permanent. Payment for all awarded damages is the responsibility of the person or entity that caused the accident (the defendant). This “liability” may apply to either that person’s willful action or inaction (their negligence). When someone suffers an injury, Texas Law states that person, or plaintiff, who suffered the injury, has the legal right to seek monetary relief from the defendant, or person that is responsible for the injury.
But that basic right doesn’t guarantee those damages will in-fact be paid. The personal injury laws in Texas, based on the Texas Civil Practices and Remedies Code, do not declare that the defendant automatically owes the plaintiff anything. In other words, just because someone harms you doesn’t mean they pay you without a fight. This is very important, yet often misunderstood, aspect of Texas personal injury law. Just because defendants owe, doesn’t mean they pay. You, the victim, only have the right to seek fair and satisfactory compensation from the perpetrator (or defendant), to receive a fair damage award for the injury you have suffered. And the only avenue to those damages is by filing a civil lawsuit.
Personal injury laws in Texas do not force defendants to give up their money. Rather, they require the injured plaintiff to convince the jury that the one who caused your accident-related injuries is guilty. It is also necessary for the plaintiff to disprove the many defense tactics of defendants and their lawyers and insurance companies, as they try to avoid paying the damages that you seek. This is called the plaintiff’s burden of proof, though some feel it should also be expanded to add “burden of dis-proof.” So it boils down to a simple matter that plaintiff success lies in proving the defendant was, in fact, the proximate cause of their injuries. 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.
