Our Law Firm Helps You Understand What Personal Injury Means and How a Texas Personal Injury Lawyer Can Help You
Our Law Firm has been successfully practicing every aspect of personal injury law in Texas for over 30 years. Our exclusive focus is on Texas personal injury cases and wrongful death lawsuits. These forms of civil litigation cover a broad range of specific circumstances involving negligence against our clients.
Areas of specialty include, but are not limited to, commercial trucking accidents of all types, drunken driving accidents (and violations of Texas Dram Shop Law statutes), on-the-job injuries, construction accidents, automobile, and other vehicle accidents, medical, and nursing home malpractice, dangerous prescription drugs, defective and dangerous products, daycare abuse, and drowning accidents.
The word “personal injury” pertains to a classification of law that surrounds any sort of physical injury, along with any additional damages suffered by the victim arising from that injury. Damages – another legal term – usually include payment for medical bills, physical and emotional distress, lost wages (both current and future) as well as disability payments if the injury has some permanence. All are the responsibility of the person or entity that caused the accident; known as the defendant. This defendant liability may apply to either a willful action or inaction. 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.
That doesn’t necessarily guarantee the defendants will pay those damages. In all but a handful of cases we’ve seen, defendants refuse, which means a lawsuit must be filed. 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. This is very important, yet often misunderstood, aspect of Texas personal injury law. Just because defendants owe you, doesn’t mean they pay-up without a fight. You, the victim, only have the right to seek compensation in court from the defendant. If you win, then you will receive a fair damage award for the injury and other “damages” you have suffered. The only avenue to those damages is through an insurance claim or civil lawsuit.
Personal injury laws in Texas force the injured plaintiff to convince the jury that the one who caused your accident-related injuries is guilty of negligence. 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 very damages that you seek. This is called the plaintiff’s burden of proof, though some claim it should also include the plaintiff’s “burden of dis-proof. Your success lies in proving the defendant caused your injuries. Until this is clearly accomplished to the satisfaction of a civil jury, 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.