Personal injury law encompasses a wide variety of events and accidents that lead to injuries. They could include dog attacks, motor vehicle accidents, criminal acts, and using defective products. Under the personal injury laws, the victim can start a lawsuit to collect compensation for their financial losses, but they must have proper evidence to substantiate their claims against the defendant. The case type may impose some restrictions or require additional evidentiary support to show what happened. When presenting a personal injury claim, the victim must prove that the defendant was liable through a direct action or negligence. The evidence must present a viable claim against the defendant.
The Victim Cannot be At Fault for Their Injuries
Comparative fault rulings indicate that the victim played a role in causing their injuries. For example, in a car accident cause, the court determines if the victim was guilty of a moving violation. If they are found guilty of the moving violation, the court can reduce their monetary award according to the percentage applied to the moving violation. If they are more than 50% at fault for their injuries, the court won’t give them a monetary award and may dismiss the case altogether. Victims can find out about comparative fault rulings by contacting Uvalle Law Firm right now.
They Cannot Break the Law
When filing a personal injury claim, the attorney will ask questions about the event that caused the victim’s injuries. According to personal injury laws, the victim cannot be guilty of a crime in conjunction with the cause of their injuries. For example, a victim of a dog attack cannot seek damages if they were abusing the dog, and the dog attacked them to protect itself.
A person that gets injured at a residential or commercial property cannot file a claim if they were trespassing, broke into the property, or committed any crime to go onto or get into the property. The person would face criminal charges for their actions when reporting the accident. For example, if a person is injured while falling through a skylight cannot seek damages if they were trying to get into the property via the installation. However, they could if they were a roofer, and they fell through the skylight while performing roofing services.
The Victim Needs Medical Evidence
Medical evidence is critical for substantiating a personal injury claim, and the victim may need to get medical attention immediately following the event that caused their injuries. The medical records detail their injuries and pinpoint the injuries with the event or individual that caused them.
Some cases may require a doctor to testify about the victim’s injuries and explain how the injuries affect the victim’s life or livelihood. Severe injuries can equate to a disability and prevent the victim from supporting themselves financially in the future.
Eyewitnesses Are Helpful to the Case
Eyewitnesses substantiate the victim’s claim, and the attorney will need to depose all witnesses that saw the event that caused the victim’s injuries. For example, if the witnesses saw a dog attack, they can provide testimony about the dog’s attacks, and they can decrease the chances of liabilities for the victim.
In an auto accident case, eyewitnesses can explain the series of events that caused the accident. They may also present details that police officers overlooked when working the scene of the accident. Their testimony may increase the victim’s chances of getting compensation.
An Evaluation of Specific Case Types
Specific case types define what personal injury laws pertain to the accident or action that caused the personal injury. Auto accidents require the victim to attempt an insurance claim through the at-fault driver’s insurance when possible. A dog attack requires the victim to report the dog attack to animal control officers since law enforcement officers do not manage these events.
Investigations are necessary for some events such as 18-wheeler accidents, and the victim must report the accident to get assistance from law enforcement. The cases can become more complex than other motor vehicle accidents since the driver must comply with federal and state regulations. Commercial drivers must be evaluated, and the trucks must be assessed to find the exact cause of the accident.
Calculating Financial Losses Sustained by the Victim
The attorney calculates the financial losses incurred by the victim. These costs may include lost wages, medical expenses, funeral expenses, or auto repair costs. The specifics of each case determine what type of financial losses are managed under the personal injury laws.
The victim must provide their attorney with invoices for medical expenses and they will need a financial statement from their employer for their lost wages. If they are seeking auto repair costs, the victim needs at least three estimates for these expenses.
Statute of Limitations
A review of the statute of limitations determines how long the victim has to start a legal claim. According to Texas personal injury laws, the victim has a two-year statute of limitations. If they do not start a legal claim before the second anniversary, the victim could lose their chance to get compensation.
Reviewing the Potential Outcome
The potential outcome of the case depends on what evidence the victim has when starting the claim, and they must consider all angles when proceeding. An attorney helps the victim review all the details of their accident and how they sustained their injuries. The outcome is determined by a judge and jury.
Personal injury claims give victims a chance to seek compensation from the party that caused their injuries either directly or indirectly. The most common losses incurred by victims are medical expenses and auto repair costs. However, a family can see compensation through a wrongful death lawsuit if a loved one died because of avoidable circumstances. All medical evidence must show how the victim sustained the injuries, how the injuries affect their lives, and how the defendant is liable for these injuries. A personal injury claim must be filed within two years starting on the day that the victim sustained their injuries. Victims must build a viable case to get compensation for their injuries.