Filing a personal injury lawsuit in Texas is very complex and confusing. especially when you consider all the associated traps and pitfalls. As a Dallas / Fort Worth area wrongful death and personal injury lawyer, I know all too well that successfully prosecuting your personal injury lawsuit is challenging to say the least. This is why I highly recommend that nobody attempt to pursue their claim without proper legal representation.
In order for any type of personal injury lawsuit to be successful, you first have to prove that your injury resulted from the negligence of some other person. If you are successful in proving negligence, then you may be entitled to recovery of personal injury damages such as medical expenses, lost wages, pain and suffering, loss of earning capacity, punitive damages, mental anguish, and physical impairment. As you can see, the victim of a personal injury may be entitled to much more than what he or she may believe.
In terms of what types of incidents may qualify, a personal injury claim may be filed due to injury caused in car accidents, motorcycle accidents, trucking accidents, boating accidents, dangerous premises, and work related accidents, and much much more.
It is also important to understand that there are time limits (known as the statute of limitations) in which a personal injury lawsuit can be filed. In cases of negligence, the claim must be filed within two years from the date of the accident. If you fail to settle you claim or file your personal injury lawsuit within the required time period you will lose your rights forever. Determining the exact deadline can be tricky and is best left to an experienced attorney.
When considering filing a personal injury claim, it is also important to understand that the burden of proof in the lawsuit will fall on you (the plaintiff). In a civil lawsuit it is the plaintiff who has to prove his case and do so by a “preponderance of the evidence.” In simple terms, this means that the evidence that you present weighs more in your favor and against the defendant. If your personal injury lawsuit involves both a civil case and criminal case (such as drunk driving accidents) the two actions will be treated differently and separately. Again, working with an experienced personal injury attorney is in your best interest as this can become very complex right from the start.
When filing a personal injury lawsuit, keep in mind that often trial can be avoided through mediation. While this is not always the case, it does occur frequently as many insurance companies prefer to settle out of court. A personal injury attorney can assist you during mediation to ensure that your rights are being protected and your best interest are being served during the process.