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At its core, a personal injury claim is actually quite simple. It is a type of civil lawsuit that can be filed when an individual’s negligence, carelessness, or wrongful action injures someone else. In a successful personal injury lawsuit, the court orders the defendant (i.e. the person who improperly caused the injury) to pay the plaintiff (i.e. the injured person who is suing) compensatory damages in an amount that will restore the plaintiff to the position that he or she was in prior to their injury. While a financial settlement can not always fully compensate an injured individual, this is the goal of compensatory damages.
Each state handles personal injury cases a bit differently, so for those of you in Texas, the following frequently asked personal injury questions have been answered below in accordance with Texas’ personal injury laws. However, please keep in mind that the information provided here is only designed to provide a general overview and that for case-specific information it is advisable to consult with a local El Paso County personal injury attorney.
Q: What are some situations that frequently give rise to personal injury claims in Texas?
A: Personal injury claims arise under a wide variety of different circumstances, but some situations that frequently give rise to personal injury claims in Texas include:
Q: What do I have to prove in order to win my personal injury case?
A: In personal injury cases the burden of proof falls on the injured party. This means that in order for an injured plaintiff in Texas to win her case she must be able to prove all of the following elements:
Proving these elements can be tricky, but an experienced Texas personal injury lawyer will be able to evaluate your case and determine if the required elements listed above have been met.
Q: How long do I have to file my personal injury case?
A: Be warned, Texas has a personal injury statute of limitations in place which prohibits personal injury lawsuit from being filed more than two years after the date on which the plaintiff was injured. Texas Statutes section 16.003(a). There are limited exceptions to this rule, but they are very narrow and should not be relied upon if at all possible. The best way to ensure that your claim is not barred by this statute of limitations is to get your claim filed as soon as possible!
Interested in filing a personal injury lawsuit in Texas? If so, the Lovett Law Firm is here to help. Our knowledgeable El Paso personal injury lawyers have years of experience representing injured plaintiffs in Texas and intimately understand just how important it is to secure the compensation that our clients are legally entitled to. If you would like to discuss your legal options during a free no-obligation consultation contact our El Paso office today at (915) 757-9999.
