Whether it occurs while out on a drive, running an errand, on someone’s private property, or while you are at work, an unexpected accident can disrupt every aspect of your life and leave you with serious injuries. Fortunately, if you can prove that another person’s misconduct was the actual and foreseeable cause of your suffering, you could potentially hold that person accountable for all the harm they caused.
Getting the best possible outcome from a personal injury case almost always requires assistance from an experienced attorney. A qualified personal injury lawyer could work diligently on your behalf to establish a defendant’s negligent behavior, identify all your recoverable losses, and demand the compensation you deserve through a comprehensive claim.
The legal principle that underpins almost all successful personal injury claims is “negligence,” which is essentially the notion that a person who accidentally causes harm should be held responsible for the consequences of their behavior. To prove that someone was negligent and therefore should be liable for an accident, a plaintiff must prove the existence of four core elements: a duty of care, a breach of this duty, causation, and damages.
Examples of a “duty of care” include the obligation that motor vehicle drivers have to follow traffic laws or the responsibility that property owners have to protect lawful visitors from hazardous conditions. If someone with one of these obligations acts recklessly or carelessly, they may be considered to have “breached” their duty of care.
After demonstrating a breach of duty, the next step for an injured plaintiff is establishing “causation,” or proving that the defendant’s misconduct was the primary cause of an accident. Finally, a claimant must prove they sustained at least one foreseeable injury or lost property with monetary value.
A well-practiced attorney in could help a plaintiff navigate all the stages of establishing liability in their personal injury case.
There are numerous ways that state laws restrict the rights of personal injury victims to demand financial compensation, primarily in the interest of protecting the rights of defendants and ensuring fair litigation. Texas Civil Practice and Remedies Code §33.001, for instance, prohibits a plaintiff from collecting financial compensation if they are mostly responsible for their own injuries. Likewise, TX Civ. Prac. & Rem. Code §33.012 allows courts to proportionately reduce available compensation by a plaintiff’s percentage of total fault, if that percentage is 50 percent or less.
Furthermore, TX Civ. Prac. & Rem. Code §16.003 sets a two-year filing deadline for most personal injury cases, meaning plaintiffs usually have two years after sustaining or discovering their injuries to start the litigation process.
A seasoned lawyer in could provide valuable assistance when it comes to understanding and overcoming the roadblocks associated with injury claims.
Recovering fair financial restitution after a serious injury is far from a simple task, even under the most favorable conditions. If you have any questions about who is responsible for your injuries and what specific damages you could recover, experienced legal representation could help you understand your situation.
Retaining a skilled personal injury lawyer is generally the best decision you could make when it comes to protecting your legal rights and interests. Call the office today to schedule a consultation.
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