A personal injury lawsuit is typically filed when a person claims to have been injured by another. Many types of personal injury cases arise from car accidents, truck accidents, product liability, and premises liability such as slip and fall accidents.
The injured person asks a court to resolve the matter by filing a complaint.
The complaining party in a lawsuit is referred to as the ‘plaintiff.’
The party being accused by a plaintiff is the defendant.
The plaintiff must convince a court during the legal process, that the defendant is legally responsible for the injuries they claim.
The plaintiff must then demonstrate the monetary value of the injuries. This will include medical expenses, emotional distress, and property damage the accident victims sustained. Then the plaintiff(s), must persuade the judge or jury to award them the amount of compensation they’re entitled to under Texas law.
A Plaintiff Has the Burden of Proof in a Personal Injury Lawsuit
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n a personal injury lawsuit, the plaintiff has to present evidence that meets the “standard of proof” necessary to establish legal liability against the defendant.
In Texas, the standard of proof in civil (non-criminal) cases is a ‘preponderance of evidence’.
Texas courts have described preponderance of evidence as evidence that is more convincing than the evidence offered in opposition to it.
The courts have said to envision the scales of justice with one side only very slightly higher as a way to understand the level of proof necessary to meet the standard. The kinds of evidence a plaintiff might use to meet the evidentiary standard include:
- Photographs and video footage
- Personal statements and Depositions
- Accident report
- Digital communications
- Witness accounts
- Expert Opinions and Expert Depositions
The evidence a plaintiff submits can be challenged by a defendant if it does not meet certain legal requirements to ensure that it’s appropriate and authentic.
Most Personal Injury Claims are Negligence Claims
Personal injury lawsuits often arise from accidents where one party has failed to do something that was legally required, and as a result, another party was injured
Texas personal injury law requires people to use reasonable care not to engage in negligent behaviors that could injure other people as they go about day-to-day activities.
But, what is negligence?
Negligence is the legal theory upon which a plaintiff’s claim is based.
- To establish negligence, a plaintiff must prove the following elements:
- The defendant had a legal duty to the plaintiff.
- The defendant failed to perform the legal duty.
- The plaintiff’s injuries occurred because the defendant failed to perform the legal duty.
- The plaintiff suffered harm as a result of the injuries.
Under the Texas Rules of Civil Procedure, the defendant in a case has the right to file a counterclaim in the same manner as the injured party.
They must also present evidence of negligence, turning the original plaintiff into a defendant and the original defendant into a plaintiff.
Untangling these conflicting legal actions requires guidance from an experienced personal injury lawyer to protect your rights.
Once a plaintiff has established liability on the part of a defendant, a dollar value needs to be attached to the harm suffered by the plaintiff. Texas law describes two types of compensatory damages that a plaintiff is entitled to recover in a personal injury lawsuit. The goal of seeking damages is to return the plaintiff to the same financial situation they were in prior to the injury.
Economic damages are the actual out-of-pocket expenses or other financial losses a plaintiff incurred because of the defendant’s negligence. Proof of economic damages can include medical bills, receipts, employment records, and other documentation of financial loss.
Non-economic damages compensate for the pain and suffering the plaintiff endured as well as the future effects from any permanent physical loss or limitation.
A plaintiff may receive compensation for all non-pecuniary losses of any kind according to the Texas statute including mental anguish, loss of enjoyment of life, injury to reputation, and inconvenience.
Proving non-economic damages can be challenging because there tends not to be much objective evidence available.
Medical records are a main source of proof which is why plaintiffs need to share everything they are experiencing with their providers.
Keeping a personal journal detailing how the injuries have affected a plaintiff is also very helpful for proving non-economic damages.
Defenses That May Affect a Plaintiff’s Personal Injury Claim
A defendant is entitled to respond to a lawsuit and may counter a plaintiff’s claims by asserting defenses. One defense to liability a defendant may assert is that the plaintiff was negligent and has responsibility for causing the event resulting in the plaintiff’s injuries. If the plaintiff does have some liability for the accident, it doesn’t necessarily stop their claim for damages.
Plaintiffs have the right to recover compensation in Texas so long as they are assigned no more than 50% of the fault. However, any percentage of liability will reduce the amount of compensation a plaintiff can receive by the same percentage. For example, if a plaintiff is seeking $10,000 but is found 20% to blame, their settlement will be 20% less, or $8,000.
Another way a defendant might try to limit liability is by asserting a plaintiff’s injuries are not as significant as claimed or were not caused by the defendant’s actions. A plaintiff with previous injuries or one who suffered the same injury at an earlier time needs to be very candid with doctors so that recent injuries can be distinguished and evaluated separately.
Plaintiffs Have a Limited Amount of Time to File a Personal Injury Lawsuit
With few exceptions, a plaintiff must file a personal injury (or wrongful death) lawsuit within two years of the date that the right to sue becomes available, or they could lose the opportunity to collect compensation in court. The statute of limitations in personal injury cases usually begins on the date the injury occurs, although there are exceptions that may affect the case.
Discovery Rule
Texas follows a discovery rule that can prevent the two-year statute of limitations from starting until a plaintiff knows or should have known of the facts giving rise to the injury. The discovery rule applies when the nature of an injury is inherently undiscoverable and evidence of the injury is objectively verifiable. An injury is inherently undiscoverable when it would remain unknown despite reasonable attempts at discovery.
Legal Disability
The two-year statute does not begin to run if a plaintiff is legally disabled at the time an injury occurs. A plaintiff is legally disabled if under the age of 18 or of unsound mind. The two-year time period begins when a plaintiff reaches age 18 or becomes of sound mind as an adult.
Why Plaintiffs in Lubbock Choose Liggett Law Group for Legal Representation in a Personal Injury Lawsuit
A plaintiff has a lot of work to do to be successful.
To get the compensation you may be legally entitled to receive, plaintiffs require a personal injury lawyer with a working knowledge of the local legal system, a strategic case plan, thorough preparation, and strong advocacy.
The personal injury attorneys at the Liggett Law Group, P.C. know what it takes to get their clients the best possible outcomes. With more than 70 years of combined legal experience representing injured plaintiffs, Liggett Law Group, P.C. is committed to securing justice for Lubbock clients with integrity, advocacy, and results.
Contact us to schedule a free case evaluation.