How Personal Injury Laws Empower Accident Victims
Accident victims undergo a lot due to their injuries. For some, it may be mild, and for others, it may be severe. For example, some accident victims may suffer brain damage or acute damage to their body.
“Personal injury victims suffer from pain. They also may face mental challenges. As a result, personal injury laws make provision for accident victims to empower them. In Texas, the law recognizes that victims may receive compensation for damages, loss of income, pain, and suffering,” says personal injury attorney Arthur Schechter, of Schechter, Shaffer & Harris, LLP – Accident & Injury Attorneys.
This essay reveals how personal injury laws empower accident victims and clarifies how personal injury attorneys advocate for victims.
The Role of Personal Injury Attorney in Negligence Cases
Personal injury attorneys are advocates. Advocacy is the ability to persuade a person or a group of people. Trial attorneys look for the best way for accident victims to tell their side of the story.
They ensure that the victim’s story contains all aspects of their losses and the harm they suffer. They also ensure that they provide support for their clients so that victims do not allow their injuries to define who they are.
The major role of a personal injury attorney is to find the best way for accident victims to move forward. They provide legal counsel from the initial claim stage to the final verdict stage.
These attorneys also care for victims, helping them through their stress and pain. They know what questions to ask to ensure the case’s success.
Texas Laws on Assigning Fault in Personal Injury Cases
According to the law, every person has a degree of care that they must afford for another person. To prove negligence, the party must have failed to exercise the degree of care a reasonable person would otherwise have provided when in the same situation.
Four elements must be considered in proving another party’s negligence in court. They include proving the existence of a duty, breach of duty, causation of damages, and that the breach of duty caused the damages sustained.
A claim of negligence comprises two elements: liability and damages. In liability cases, attorneys must prove the other party’s fault and show the party’s duty and breach.
On the other hand, damages are about causation and harm. When proving damages, you must establish the standard of care. This will help determine whether this standard was violated.
This requires the testimonies of expert witnesses. These expert witnesses will establish the standard of care and opine on whether the defendant violated it.
Texas’ Law on Comparative Negligence
The state of Texas considers the extent of the plaintiff’s fault in awarding damages. However, this is not applicable in most cases.
The state laws consider that when an injured person also contributed to their injury, that is not a bar for complete recovery. It means that when a plaintiff contributes up to ten percent to their injury, then ten percent of the monetary value awarded as settlement would be deducted.
Further, when plaintiffs contribute more than 50 percent to their injury, they cannot recover damages. It does not matter if the defendant contributes 49 percent.
The benchmark for recovering damages is 50 percent. Once your fault level surpasses this benchmark, you cannot receive any compensation for your injuries and losses. You can analyze your fault level with your attorney before instituting a suit against anyone or an institution.
What You Should Do After Sustaining a Personal Injury in an Accident
The very first thing to do after an injury is to seek medical treatment. You have to ensure that the medical care provider provides details about all your injuries.
One thing that improves your chances of proving the liability of fault of the other party is when the accident is duly reported. As a result, you must call the police after the accident. That way, your claim is reported correctly.
Although the police would take pictures and write a report, you should also collect your evidence. You can do this by taking pictures of the scene and getting the names of witnesses.
You should also file a report with the property owner. It is essential for liability cases. Video evidence is also a plus. Lack of evidence from the scene may make your case difficult to prove.
Types of Damages You Can Recover
In Texas, there are three types of damages you can recover. They include the following:
- Economic damages: this is a monetary settlement awarded to you for your medical expenses, loss of income, and property damage
- Non-economic damages: this is a monetary settlement that covers mental challenges such as pain and suffering, loss of enjoyment and pleasure, humiliation, and scarring.
- Punitive damages: These are punishments for recklessness and gross misconduct. A court may rule for such sentencing if the defendant is found guilty of driving under the influence or using a cell phone while driving. The court considers the defendant’s worth in awarding the plaintiff.
Things You Should Not Do When You Sustain Personal Injuries
The very first thing is to avoid inconsistencies in your story. You should ensure that your medical records fully detail the pain and suffering you are experiencing. Allow a medical practitioner to prepare the medical record for it to be acceptable.
You should also avoid undermining your case. You should also avoid making casual comments or responses that will go directly into your medical record. This can harm your case. Cooperate fully with medical experts to avoid negative comments on your record.
Concluding Thoughts
The process of handling personal injury cases is not simple. This is why you may need to engage an attorney to understand the full extent of your case. You also need a professional to defend your rights, as the defendant may attempt to exploit you.
The attorney will also ensure that there are no inconsistencies in your story. They understand the peculiarities in state laws that you otherwise may not have known. Hence, engaging a Texas personal injury attorney can help you get the best out of your case.
