Personal injury claims stem from a person becoming injured due to the negligence of another individual and electing to sue for damages. For most laypeople, the legal system and the process for such a situation can be complex and difficult to navigate. If you suffered a serious injury and feel that you are owed compensation for your damages, get in touch with a dedicated attorney. Contacting an Allen personal injury lawyer could be the best way to ensure that you achieve a positive resolution to your case. En Español.
Personal injury claims can stem from numerous situations, including automobile accidents, defective consumer products, falling accidents, medical errors, and more. Since personal injury claims are so varied in nature, the services of an Allen lawyer could be an invaluable resource to laypeople who may find the legal system confusing.
Texas state law is very specific regarding what must be proven by the plaintiff (or injured party) in a personal injury lawsuit. This is because most personal injury claims are based on the negligence of the defendant. The four elements that must be proven for a claim to be successful include that the defendant was obligated to perform some duty to the plaintiff, that this duty was breached, that the breach led to an injury, and that the injury has resulted in damages to the alleged victim.
For example, it could be the case that a product manufacturer owed the public the duty of recalling a defective product, and that their failure to recall the product allowed the defect to cause an injury which resulted in significant pain and suffering as well as medical bills. If all of this could be proven in court, a related personal injury claim would likely be upheld.
There are two types of damages that can be recovered by injured parties in Allen, Texas. Economic damages are those that have a clear monetary value attached to them. These can include lost wages and extensive medical costs related to the injury. Non-economic damages, however, are more subjective in nature. These types of damages include intangible losses like pain and suffering or a spouse’s loss of consortium. As such, they can be much more difficult to objectively value.
This is one area in which an Allen civil attorney could help, as their experience and potential access to various experts could make it easier to assign monetary values to non-economic damages. In Texas, for non-medical malpractice cases, there is no cap or upper limit on non-economic damages, so juries can award as much as they deem appropriate. In light of this, getting solid representation from an local personal injury lawyer may result in a higher settlement that a plaintiff would be able to gain by trying to represent themselves alone.
A seasoned attorney could help you bring your claim and fight aggressively for a compensation settlement that is right for your needs. Your attorney may also be able to bring in experts to properly value all damages you have, ensuring that your settlement value is as fair as possible.
If you are injured and believe that you may want to pursue a claim to sue for damages, contacting an Allen personal injury lawyer could be the best step you could take to secure the compensation you are owed. Call today to get started on your case.
McCraw Law Group