Denton Personal Injury Lawyer
It is never easy or simple when you are injured due to the actions of another party. Even in cases of seemingly minor injuries, medical bills, lost wages from time missed at work, and mental anguish can place significant pressure on a person’s life.
Whether these injuries were suffered as the result of an accident or were the result of an intentional act, the injured person has the right to pursue damages. This is where a Denton personal injury lawyer can help. Our personal injury attorneys handle our clients’ cases with both compassion and diligence to work towards the fair compensation that they deserve. En Español.
Types of Personal Injury Cases
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.
Civil vs. Criminal Cases
In many situations involving intentional harm, the alleged act is also a crime under Texas law. In situations like these, the local prosecutor and police may work to file criminal charges against the defendant.
While the injured person may be called as a witness in these trials, the court is powerless to order the defendant to compensate the injured person. Even if the defendant is found guilty of all criminal charges, the injured person must pursue their own civil lawsuit to collect damages.
The two cases intersect in one important way. Due to a concept of law known as res judicata, a court will not consider the question of whether an alleged fact happened more than once. For example, if a defendant is found guilty after a criminal trial of drunk driving that caused an injury, that defendant cannot argue in a civil trial that they were not drunk at the time of the accident.
A Denton Personal Injury Attorney Provides Guidance
Contrary to what many people may believe, most cases alleging personal injury do not need to go to court. Many claims end in a settlement, especially when the law is properly applied to the facts by knowledgeable personal injury attorneys.
If you were injured by another person’s negligence or intentional action, a Denton personal injury lawyer can work with you to determine which courses of action fit your case. Contact our Denton personal injury attorneys today to see how we can provide guidance, assistance, and leverage in your case.