What is a Personal Injury? What are my Rights in Texas? Am I Owed Compensation for my Injuries?
Everyone gets hurt from time to time, but what actually constitutes a personal injury? According to the state of Texas, any injury or harm done to a person’s body, mind or emotions represents a personal injury. The Texas Civil Practices and Remedies Code provides this definition and serves as a basis for explaining the rights and legal options afforded a personal injury victim to seek financial compensation.
Have you suffered a personal injury in Texas? Do you want to know what your rights are? The associates at our Law Office have compiled 20 years of experience trying personal injury cases, and we’re here to help you better understand your situation.
In most legal claims, personal injury occurs when one person is hurt due to the negligent behavior or indifference of another person. In Texas law, each individual has a responsibility to provide a minimum criterion of care for other people. When a person is injured due to someone else failing to maintain that standard of care, the injured party (plaintiff) can bring a lawsuit against the person (the defendant) whose actions or inaction caused the injury. When this occurs, the injured person cannot undo the injury, but he or she can seek monetary restitution for the harm done through a personal injury lawsuit.
You might think you know the law, but just knowing your rights does not prepare you to go to court and fight for them. You need an experienced lawyer who knows the tricks of the trade and how to build an effective strategy for getting you the compensation you deserve. More on this website
A plaintiff’s best course of action is to hire a seasoned personal injury lawyer to represent him or her in court or through the settlement process. An experienced lawyer knows how to make the defendant monetarily responsible for compensating the plaintiff for the complete extent of his or her injuries.
For example, Jon Doe is pulling off I-35 when a car on the access road fails to yield to his pickup truck coming off the interstate. The second driver clips the rear end of Mr. Doe’s truck and drives it into a guardrail. The force of the crash breaks Mr. Doe’s legs, but fortunately, he was wearing his seat belt, and the injuries are not life-threatening. He is rushed to the emergency room, but he must spend a week in the hospital, accumulating staggering medical expenses, and then four months in double casts, making him unable to perform his job as a construction worker. Moreover, he has nightmares of the accident and is now uneasy about getting behind the wheel.
In this fictional example, the driver of the second car (the defendant) who failed to yield, clipping Mr. Doe’s truck, ignored his legal standard of responsible care by not operating his car in a way that was safe for the other drivers on the road. The defendant represents the proximate cause of the accident – he was 100 percent responsible for Mr. Doe’s injuries, and Mr. Doe is perfectly in his right to seek monetary compensation.
Mr. Doe hires an experienced Texas attorney who sues for medical expenses and lost wages. Mr. Doe’s legs heal, but he develops nagging pain in his back that is so severe that he can no longer perform simple construction tasks. Since Mr. Doe can no longer continue his career, his lawyer can seek damages for Mr. Doe’s lost potential income for the rest of his life. Additionally, Mr. Doe’s lawyer can seek restitution for the lack of sleep, fear of driving, and general emotional pain and suffering that the other driver’s negligence has caused. The process to receive just compensation is complex; however, and only an experienced lawyer can navigate all of the issues successfully.
Don’t Sign Anything
If your situation makes you feel like Mr. Doe, don’t worry. The first thing to remember is: don’t sign anything. The insurance company of the party that injured Mr. Doe does not want to justly compensate him. Insurance companies are in business to make money and not to help people. They will send adjusters to talk to Mr. Doe immediately. They may even hire defensive attorneys to interview him in an attempt to prove that Mr. Doe was at fault for the incident. In most cases, they will even attempt to get Mr. Doe to sign away his legal rights to sue in return for a settlement. But what if Mr. Doe did not know at the time that he wasn’t going to be able to work? Any settlement he received immediately after the accident would grossly under-estimate the amount he was owed for lost future earnings.
For Mr. Doe, and you, if you have suffered a personal injury, the best course of action is to find an aggressive attorney as quickly as possible. The longer you wait, the harder your case is to prove.
Our team of seasoned and assertive attorneys can help you. For the past twenty years, we have helped people who have suffered personal injuries all over Texas. We will use our extensive knowledge of all facets of personal injury law to make the negligent parties pay justly. We have a proven record of success, and we know how to handle the most complex and intricate cases. Even something that appears run-of-the-mill like Mr. Doe’s case can spiral into a myriad of obscure legal principles.
At our Law Office, we know how to handle legal development in a personal injury case. If you have been injured by someone else’s negligence, make them pay. Call our personal injury lawyers for a free consultation as soon as possible.