If we lived in a perfect world, everyone would be careful and there would be no accidents. But, as we all know, accidents do happen and innocent people are injured as a result of someone else’s carelessness. In law, carelessness is called negligence. If it can be demonstrated that someone’s negligence caused an injury to another, the injured party has the legal right to file a lawsuit and ask a court to order the person or persons deemed responsible to pay compensation for any injuries received due to their negligence. Again in law, such compensation is called damages.
What types of accidental injuries may lead to a lawsuit?
Anyone who suffers an accidental injury of any type has the legal right to file a lawsuit against the party or parties deemed responsible for the accident. However, the party filing the lawsuit must be able to prove that:
The alleged responsible party was, in some way, negligent.
The accident caused an injury.
The accident would not have happened but except for that negligence.
The accident victim suffered a real injury.
Can I file a lawsuit if I was partially responsible for my injury?
In many accidents the injured party contributed to their own injury in some way. This is often the case with auto accidents, where both drivers may have been cited for a violation of a traffic law. Under Texas civil law an injured party has the legal right to file a lawsuit to recover damages following an accident. There is, however, a special provision of Texas law that may apply in such lawsuits.
The State of Texas has adopted the legal doctrine known as modified comparative negligence. This doctrine states that a plaintiff (the person filing a lawsuit) may recover damages but the damages awarded may be reduced based on the degree by which the plaintiff’s negligence, as explained in the following paragraph.
The plaintiff’s damages will be reduced by the percent that a court determines that the plaintiff contributed to his or her injuries. As an example, if a plaintiff is awarded $10,000 in damages but is determined to have been 30% responsible for their injury the damages would be reduced by 30% and the plaintiff would receive $7,000 ($10,000 X 30% = $3,000; $10,000 – $3,000 = $7,000). However, if the plaintiff is found to have been more than 50% at fault, Texas law forbids any damages being awarded to the plaintiff and the plaintiff will receive nothing regardless of the amount of their losses!
How do I file a personal injury lawsuit?
From a legal standpoint, personal injury lawsuits are complex matters. For this reason alone, you will need the services of an experienced personal injury lawyer who is familiar with Texas law and has the resources to investigate the circumstances surrounding your accident to assure that you receive all the compensation you deserve. In the Odessa area, one such lawyer is the personal injury lawyer at The Doan Law Firm.
No fees unless we win your case
At The Doan Law Firm, there is never a charge for us to review that facts of your personal injury accident case or for you to speak with our personal injury lawyer to discuss the legal options that may be available to you. If you decide that a lawsuit is your best course of action, and that you would like to have our firm represent you in court, we are willing to assume full responsibility for all aspects of preparing your case for trial in exchange for a percentage of the final settlement that we are prepared to win for you.