Determining Liability in Paralysis Injury Cases

Some states follow a comparative negligence rule when determining liability for personal injuries. Others use contributory negligence. In Texas, and in Melissa by association, the model courts follow is called modified comparative negligence.

This means that the amount of compensation the person causing injury owes the injured person for an injury will be reduced by the percentage of fault the injured person is responsible for. In other words, if a person is found to be 25 percent at fault for the injury that caused their own paralysis, they would receive 25 percent less compensation than they theoretically could have received if the person causing the injury is found 100 percent at fault. Texas is a modified comparative negligence state meaning that if the survivor is found more than 50 percent at fault for their injury, they recover nothing.

This makes it imperative to retain a dedicated Melissa paralysis injury attorney who will present evidence to the court and argue for as much liability as possible for the person causing the injury in order to maximize the total compensation.

Types of Compensation

Paralysis injury cases can lead to two types of compensation being awarded to the injured person. Economic damages are awarded for issues to which monetary value may be easily assigned, such as the cost of medical care or the loss of wages resulting from an inability to work.

Non-economic damages or what I refer to as human damages are in many ways more serious and more difficult to assess. These can include physical pain and mental anguish, physical impairment, and sometimes loss of consortium with a spouse as well. These are real and important damages that take a legal team knowledgeable and willing to invest the time and effort to fully develop.

In Melissa, there is no upper limit on the amount a jury can compensate a survivor for these human damages in all personal injury cases other than medical malpractice cases.

Statute of Limitations for a Paralysis Injury Claim

In order to keep a claim from being dismissed by the court, an injured person generally has to file their paralysis injury claim within two years of the initial injury. Failure to do so may result in the claim being rejected outright and a loss of the ability to recover any damages for that particular injury. In some cases, like filing a lawsuit against a city or other governmental unit, the time limit can be much shorter than the normal two years. A law office normally needs at least several months before limitations to properly evaluate or prepare a lawsuit. A seasoned lawyer could help someone file a claim within the statute of limitations.

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Speak with a Melissa Paralysis Injury Attorney Today

If you suffered a paralysis injury, it is essential that you contact a Melissa paralysis injury lawyer as soon as possible. A skilled attorney may be able to help you recover compensation that you need for medical costs and lost wages, as well as non-economic, human damages. To get started on your case, call today and schedule a consultation.

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Get The Help You Need Contact McCraw Law Group

If you are in need of a personal injury attorney in North Texas, please contact the team at McCraw Law Group today. We are ready to help you in a broad range of serious accident and injury legal issues, and offer multiple ways to reach us.

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If you are in need of a personal injury attorney in North Texas, please contact the team at McCraw Law Group today. We are ready to help you in a broad range of serious accident and injury legal issues, and offer multiple ways to reach us.

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