Millions of people daily are driving, traveling, walking, shopping, and working in Texas, so it is no wonder that accidents and injuries have become so common in life. The fact is accidents happen every day, resulting in suffering and confusion for you or a loved one when an accident or injury happens. When any harm could have been avoided if others had not acted carelessly, this situation can be difficult for the victims to handle by themselves. If you make the decision to take steps toward protecting your legal rights after an accident or injury, you may have a number of general questions about "personal injury" cases.
Most claims arising from accidents or injuries cases, in which the basis for holding a person or company legally responsible for any resulting harm, comes from a theory called "negligence."
Negligence claims that the defendant:
Owed a legal duty of care to the plaintiff under the circumstances; and
Failed to fulfill ("breached") that legal duty through conduct or action (this can include a failure to act); and
Caused an accident or injury involving the plaintiff; and
Harmed or injured the plaintiff as a result.
If you have suffered harm as a result of an accident or injury, you may be entitled to receive economic recovery from those who are at fault. What you can recover will depend upon the kind of damages you experienced because of the accident or injury -- both during and after the incident. There may be other monetary damages available to you because of your particular injury. Small businesses, partnerships, organizations, and large corporations may all be held legally responsible in situations where they failed to properly ensure the safety of others. An experienced personal injury attorney can explain to you the types of damages which you may have coming.
Medical Expenses
Pain, suffering and mental anguish
Lost wages Generally, you may be able to recover money damages for the following types of losses:
Scarring and disfigurement
Wrongful death
Since the concept of negligence applies to most types of personal injury cases, other kinds of injury claims will use a different rule of fault called "strict liability." While the rules are different from those in negligence cases, the good news is that when compared to negligence claims, a plaintiff in a "strict liability" personal injury case does not ordinarily need to show that the defendant was at fault -- only that the product or activity was unreasonably dangerous, and injuries were the result to the plaintiff.
In Texas, court decisions remain the main source of the law in any legal case arising from an accident or injury. Pre-existing case law might be used to strengthen an injury case if you are involved in an accident, or are injured, and decide to hire an attorney to protect your legal rights. During settlement negotiations with insurers or opposing counsel, your attorney will make reference to prior cases in which the courts in your state decided on issues like fault or damages, in ways that are favorable to your position.
Law Offices of Attorney Michael Anthony Emma
Not Certified By The Texas Board of Legal Specialization
Main Office Dallas, Texas
