What is a Personal Injury Lawsuit?
According to the Texas Civil Practice and Remedies Code (the rules that govern civil law in Texas), a personal injury is a type of injury that occurs “as a result of the actions or inaction of another person or entity.” Personal injuries include physical injuries, the physical pain, and emotional suffering that those injuries caused, and fair compensation for all your bills lost income and possible disability as a result of the injury. In a personal injury lawsuit, the victim is called the plaintiff and the party that caused the injury is the defendant. And there though there can only be one plaintiff (or plaintiff family), many times there can be more than one defendant, depending on the specifics surrounding the injury.
One of the most basic concepts that many don’t fully understand about personal injury lawsuits is that the victim is not uniformly entitled to collect money from the defendant just because the defendant may have injured the victim. It’s never that simple, even if many would like you to believe that it is. Very rare is the personal injury lawsuit that ends up being an open-and-shut case. But occasionally, it does happen.
In fact, the scales of justice are tilted in favor of the defendant, and the law presumes that he owes the victim nothing. All the defendant has to do to win is say “prove it.” Then, if you can’t, the defendant wins. The only way to recover what you deserve for your injuries is to gather sufficient evidence and present it persuasively enough to tip the scales of justice in your favor. This is called the “burden of proof” which is always on the victim/plaintiff. In every instance, your evidence must demonstrate that the defendant was clearly negligent, that the defendant was the proximate (or immediate) cause of your injuries, and that you are entitled to damages. If you fail to accomplish even one of these three important tasks, the law won’t allow you to recover fair compensation for your injuries.
In a defendant’s efforts to avoid liability, their insurance company (or representing attorneys) will offer a grab-bag of apparently good reasons why he is not liable. So in addition to proving the defendant’s guilt, you must also clearly disprove all of their arguments for the defense. And sometimes their responses and charges can get rather vicious. So be prepared for a bumpy ride.
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 win from your personal injury case. Regardless of how it happened, we’ll answer all of your questions. Call our Law Firm now at 1(800) 862-1260 (toll-free) for a free consultation and find out how we can help you.