In many personal injury cases, the at-fault party did not intend to cause harm. Nonetheless, the law states that when a person is injured, and it is another person’s fault, the at-fault party can be held liable for damages.
The most common way for a plaintiff to pursue these claims is through the legal theory of negligence. In short, negligence is when a person is owed fair and reasonable protection from injury by another’s action or inaction. If that protection fails and another person is hurt, they have the right to claim damages.
On the other hand, some personal injuries may be the result of intentional actions. In these situations, negligence does not apply since the defendant intended to harm the injured person. Instead, the law provides other arguments that may be used, including assault, false imprisonment, and intentional infliction of emotional distress.
No matter if the injuries resulted from an accident or an intentional act, Denton personal injury plaintiffs are all bound by the Texas statute of limitations. According to Texas Civ. Prac. and Remedies Code 16.003, any civil case alleging personal injury must be filed in court no more than two years after the incident. Failure to adhere to this rule has led many otherwise perfectly reasonable claims to be declared inadmissible in court. A proactive Denton accident lawyer could help ensure that a plaintiff files their case within the legal timeframe.