Our Texas Lawyer Discusses Personal Injury Lawsuits
If you have been injured in an accident, you may be eligible to seek compensation for your injuries through a personal injury lawsuit. The state of Texas defines a personal injury lawsuit as a suit brought through a court of law wherein a plaintiff claims to have been somehow injured due to negligence on the part of the defendant. The plaintiff is thereby requesting some sort of financial restitution for those damages.
Put simply, the victim tells the court what happened in an accident and then asks the court to enforce the law and make the defendant compensate the victim for his or her injuries. Experienced personal injury attorney from our Law Offices is here to give you a brief overview of how personal injury lawsuits work. Find more information on this website for Carabin Shaw Attorneys at Law
Elements of a Legitimate Personal Injury Lawsuit
In order to have a strong case, your lawsuit must have three factors:
A solvent defendant
A solvent defendant means that the defendant in your case has some means of compensation you for your injuries. This can be an insurance policy (most common) or personal assets, including money or physical assets. Without a solvent defendant, you cannot be compensated. For example, if you are somehow injured by a homeless person who has no money, insurance, or physical assets, that person may be liable for your injuries, but he or she has no means with which to compensate you.
Note that in some cases, defendants will attempt to hide their assets from the court in order to appear insolvent. Our attorneys have years of experience investigating personal injury cases, and we have seen every trick in the book. We can make sure that the defendant in your case does not escape justice by hiding his or her assets.
Liability and Negligence
In order to have a successful case, you must also prove that the defendant was (at least in part) liable for your injuries. Contrary to common belief, there are often multiple liable parties in a personal injury case. In some situations, the plaintiff may be partially liable. In these situations, the jury determines the percentage of liability for which each party is responsible. For instance, imagine person A is hurt in a three car accident involving person B and person C. The jury finds that person A is 10% liable for the accident, person B is 50% liable, and person C is 40% liable. Person A’s damages amount to $100,000. Person A would then receive $90,000 in damages — $50,000 from person B and $40,000 from person C. Person A would be liable for the last $10,000 since he or she was 10% liable for the accident. Our attorneys can help you identify all potential defendants in your case so that you can be fully compensated for your injuries.
Finally, a strong personal injury case must have damages. If you are involved in an accident caused by a solvent defendant but you are not hurt and you receive no property damage, then you do not have a lawsuit because there are no damages for which you need compensation. But damages include a wide range of injuries. For example, accident victims are commonly compensated for their medical expenses, any property damage, their lost wages from time spent recovering from their injuries, and any lost earning capacity due to long-term or permanent damage caused by the accident. But victims can also receive compensation for the physical pain and suffering or the emotional turmoil caused by an accident.
The amount of compensation a plaintiff can ultimately receive is in the hands of the jury. The plaintiff’s attorneys will present a list of requested damages, and the defense counsel will likely argue that many of these damages are not valid. But the jury determines the total amount of damages, so you need an attorney who can speak the jury’s language and convince them that you deserve compensation for all of your injuries.
Let our Firm of Experienced Legal Professionals Help You
Our firm has been helping victims file personal injury lawsuits for twenty years. We know how to identify defendants, prove that they are solvent, and then convince a jury that you deserve full compensation. We have successfully investigated and litigated hundreds of personal injury lawsuits, and we know how to build a case that will cater to your specific needs. We offer free consultations in which we will thoroughly explain your options to you so that you can make the best decision for your case. In other words, our attorneys are dedicated to helping you get back on your feet as quickly as possible. So if you have been hurt in an accident, do not let the guilty party’s negligence go unpunished. Contact Texas the attorneys from our Law Offices today, and let us make sure you receive the compensation you deserve