Personal Injury 101
A large number of personal injury claims are generally based on a legal concept called negligence, which is the legal way to say that someone was careless, and their carelessness caused an accident.
Proving someone was negligent, or careless, generally requires five things:
- Some individual had a duty to act in a certain manner towards another.
- That individual failed to exercise reasonable care in fulfilling that duty.
- The individual's action's caused the accident. Another way of saying this is that, if the individual had not done what they did, the accident would not have happened.
- The injuries that resulted from the accident were foreseeable consequences of the individual's conduct.
- The person that was owed a duty of care has actual damages in some form.
Being able to prove all of these things is a great start for a case, but its only the beginning of a long battle towards getting compensated for your injuries.
Injuries and Stabilization
Texas allows up to two years to bring a personal injury suit after a cause of action accrues. Whatever injuries you sustain, it is usually in your best interest to wait to both recover and understand the seriousness of your injuries. Your injuries may improve, but they may get worse. New symptoms may develop. Pain may increase. It's important to give your body time to try to stabilize and recover to understand if there are any permanent injuries that may have been caused.
Negotiations and Filing Suit
Receiving the maximum value possible from your case requires being ready, able, and willing to go to trial from day 1. It requires understanding the process of a personal injury claim, how to evaluate and establish a fair demand figure, negotiating with opposing parties, and knowing a good offer from a bad offer.
Receiving the maximum value also means that if negotiations to settle, you aren't hesitant to file suit and go to trial.
Whether you have been injured from a automobile accident, at a store, or by the actions of another individual - if you have been injured in some form by the carelessness of another, call or click below to set up an appointment so that we are able to discuss the merits of your case, and what sort of recovery you may be entitled to.