A Personal injury lawsuit occur when individuals sue other persons or entities for any damage that that they wrongfully caused them. Generally, they must demonstrate the following:
- Their injuries
- The defendant’s conduct, and
- How the defendant’s conduct caused their injuries
Typically, the cases are brought under for the negligent conduct or action of another party. Negligence maintains that the defendant acted unreasonably in the situation and injured the plaintiff as a result. There are many different forms of personal injury lawsuits in Texas and it is important to have an experienced lawyer handle your case from the beginning.
What Are Other Kinds of Personal Injury Suits?
Generally, you need to prove four main elements to win a personal injury case. You need to establish that defendant had a duty, that they breached that duty, that the breach of that duty caused your injury, and that you suffered damages as a result of the defendant breach of duty. Basically, that the defendant’s misconduct caused you injury. Most cases will take the shape of negligence. You must do all of this by a preponderance of the evidence. This level of burden means more likely than not so that’s not a hard bar to clear, something akin to more fifty percent.
What Defenses Can The Defendant Use In Personal Injury Litigation?
Defendants have many defenses at their disposal in a Texas personal injury case. They can argue it was not them. They can point the finger at some third party. Similarly, companies can claim that their employee or independent contractors are responsible and fault should not be imputed to them. Normally, it is imputed under the theory of respondeat superior that holds masters liable for the acts of their servants. However, this logic is broken when those servants go beyond the scope of their service or employment. Defendants can also try and say that the plaintiffs consented to the circumstances or assumed the risk. Finally, a defendant might allege that a plaintiff’s recovery should be limited by his or her portion of the blame or entirely if the plaintiff was more than 50% responsible for the incident. This is what is called rule on comparative fault. Obviously, these defenses are extraordinarily fact-intensive and require a strong knowledge of the law and circumstances to be dismantled.
Still Have Questions About Texas Personal Injury Lawsuits?
The Pascoe Law Firm works with victims of personal injuries every day in Houston and other suburbs around the greater Houston / Galveston areas, as well as throughout Texas. We see so many different kinds of accidents that it would be impossible to list them all. However, they all inflict the same disaster on the lives of their victims. This is why we fight so hard to help them move on from the incident. Also, we represent all of our clients on a contingency-fee basis. This ensures that you don’t have to expend any money on the lawsuit until it is over and you are happy with the conclusion. To learn more about a personal injury lawsuit please visit our main personal injury
page or contact our personal injury lawyer at 713-829-4317
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