Personal Injury Law FirmProminent Texas Personal Injury Lawyers
Personal Injury is a broad term used to describe lawsuits filed by people (or their representatives) injured due to the negligence of someone else. These lawsuits encompass a range of injuries, both physical and emotional, stemming from various situations. The core objective of a personal injury case is to establish accountability and ensure that the responsible party provides rightful compensation for the inflicted losses. Personal injury covers a diverse range of areas, including:
If you've been harmed due to another’s negligence, you have the right to seek justice through a personal injury lawsuit. Contact our Texas personal injury attorneys right away.
Securing Your Entitlements with Personal Injury Lawyers
When you're facing the aftermath of an injury, personal injury lawyers stand by your side to ensure you receive the full spectrum of damages that the law recognizes. Our experienced legal team is committed to securing the compensation you deserve, including:
- Lost wages
- Past and future medical expenses
- Compensation for physical and emotional pain and suffering
- Damages for disfigurement
Additionally, we understand that injuries affect not only the individual but also their loved ones. In specific cases, close family members like spouses may be eligible for compensation known as 'loss of consortium damages.' These awards aim to address the impact of losing the injured or deceased person's companionship and services.
In certain situations, the scope of damages can expand further based on state laws and case specifics:
- Hedonic damages: These compensate for the loss of once-enjoyed activities that injury victims can no longer partake in due to their injuries.
- Punitive damages: When a defendant's actions are especially egregious, the court may impose punitive damages to not only punish the wrongdoer but also discourage similar behavior in the future.
Establishing Liability for Your Claim
Not every injured plaintiff is entitled to recover damages for the injury sustained. Besides the injury, the plaintiff must also establish, through credible and relevant evidence, that the defendant is legally responsible for his or her injuries. This entails proving both actual causation and proximate (legal) causation.
- Actual causation is determined by literal cause and effect.
- Legal causation hinges on the unique circumstances of each case.
- In some personal injury actions, legal causation may be established if the plaintiff can show that the defendant intentionally or purposefully harmed the plaintiff or knew that the conduct gave rise to a substantial likelihood of resulting harm.
Diverse Approaches to Personal Injury Claims
There are various approaches to personal injury claims based on different legal concepts.
- Negligence is when a defendant is held liable for the results of action, or inaction, when an ordinary person in the same position should have foreseen that the conduct would create an unreasonable risk of harm to others.
- Strict liability is when liability can be established regardless of the fault of the various parties, including the plaintiff.
Liability extends to both actions taken and those neglected. For instance, a driver who disregards a red light and causes injury to others can be held liable for their negligent behavior. Similarly, a property owner failing to clear icy steps leading to a public establishment might be held liable for negligence if a visitor suffers an injury due to a fall.
Understanding Defenses in Personal Injury Cases
In some situations, a defendant's actions, though questionable, might not automatically result in damages. If a plaintiff knowingly and willfully chooses to encounter a known hazard, then the law provides that he or she has assumed the risk of injury and therefore the defendant should not be liable. For example, if a plaintiff engaged in a friendly game of tackle football and another player broke his arm; in such a case, the plaintiff may be unable to recover for his injuries because he knew of the risks inherent in the game and willingly chose to encounter them.
Exploring Potential Defenses:
- Statute of Limitations: These laws dictate the timeframe for initiating a lawsuit.
- Sovereign Immunity: Certain government officials enjoy immunity from civil liability for their official actions.
- Intentional Misuse: In products liability cases, injuries resulting from a plaintiff's intentional misuse of a product can serve as a defense.
- Contributory or Comparative Negligence: When a plaintiff's actions contribute to their injuries, this might limit their claim's viability.
When You Have
At LPM, we're adept at navigating the complexities of establishing liability. We work tirelessly to ensure that your claim is substantiated, your rights are protected, and you receive the compensation you rightfully deserve. Contact us today to discuss your situation and chart the path to the justice you seek.
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Consult our experienced attorneys to discuss your options or call 713-292-2750 for any additional assistance