As an experienced Dallas personal injury attorney, I can appreciate that filing a personal injury claim in Texas is a complex matter especially when you consider all the associated legal requirements. In order for any type of claim or lawsuit to have a successful outcome, your attorney will have to prove that your injury resulted from the negligence of some other party. Proving your case can be challenging, especially if you attempt to file a suit on your own.
Many individuals believe that winning a personal injury claim only involves recovery of lost wages and/or medical expenses that may have been incurred due to the incident. This is not true. In addition to lost wages and/or medical expenses, you may be entitled to damages due to pain and suffering, mental anguish, loss of earning capacity, exemplary damages, wrongful death damages, mental anguish damages, physical impairment compensation, and even loss of spousal support damages. 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 accidents may qualify, a personal injury claim may be filed due to many types of accidents, including car accidents, motorcycle accidents, bicycle and pedestrian accidents, work accidents, and accidents resulting from a dangerous condition on property.
It is important to understand that there are time limits when a lawsuit must be filed, also known as the statute of limitations. In cases of negligence, the statute of limitations is two years from the date of the incident. If you fail to file your lawsuit within the required time period you will lose your rights forever. Determining the exact time periods and other deadlines for your case 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 falls on the plaintiff. In a civil lawsuit, the plaintiff has to prove their case “by a preponderance of the evidence.” In simple terms, this means that you have to show that the other party was at fault by the greater weight of the credible evidence. This is different than a criminal action where the burden of proof is much higher. Again, working with an experienced personal injury attorney is in your best interest since pursuing a legal claim is a complex task right from the start.
When filing a personal injury claim, keep in mind that court can often be avoided through mediation. While this is not always the case, it does occur frequently since most parties to a lawsuit prefer to settle out of court rather than go to trial. A personal injury attorney can assist you in bringing your case to a resolution and ensure that your rights are being protected along the way.