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If you are injured by someone else’s careless, wrongful or criminal act in Texas, you may be eligible for financial compensation from that party’s insurance provider. The legal term for this financial compensation is damages. There are two main categories of compensatory damages available to reimburse a victim in a personal injury case in Texas: special and general. Compensatory vs. Punitive Damages Special and general damages are both types of compensatory damages in a personal injury lawsuit. Compensatory damages are designed to compensate an injured victim for the expenses and losses he or she incurred due to a defendant’s…
When most people picture personal injury lawsuits, they imagine large courtrooms full of people and full-blown jury trials. Although this is a possibility for a personal injury case in Texas, it is not a probability. The vast majority of personal injury claims settle – they do not go to trial. Knowing what is best for your particular personal injury case, however, will require consulting with an experienced attorney in San Antonio. Pros and Cons of Settling a Personal Injury Case Settling a personal injury case means negotiating with the defendant or an insurance company until reaching an agreement that works…
You might think the work on your case will end when you receive a personal injury settlement. However, there are still steps you need to take to protect the money you receive from an insurance company or defendant. Protecting your settlement means making sure a creditor cannot file a lien against it or take it – even if you declare bankruptcy. You may need a San Antonio personal injury attorney’s assistance to fully protect your settlement in Texas. Understand Your Rights First, learn a few key facts about your rights as the recipient of a personal injury settlement in Texas.…
Every plaintiff wants a speedy resolution to his or her personal injury case. It may take several weeks or months, however, for an insurance company to investigate your accident and make a decision on your claim. Certain factors can speed up or slow down an insurance company’s response time to your initial demand letter. What Is the Insurance Demand Letter? The insurance demand letter is the written statement you submit to the insurance provider of the person or party you believe caused your accident. If you get into a car accident, for example, Texas’s fault law holds the driver…
There are many legal terms you may encounter as a plaintiff in a personal injury case. Understanding the industry lingo can help you make more sense of your rights as an injured accident victim. One important distinction is bodily injury vs. personal injury. Although they sound similar, they are used in very different contexts. Criminal vs. Civil Law The main difference between bodily injury and personal injury is where you will hear these terms. There are two different types of law: civil and criminal. The civil justice system allows an injured accident victim to recover financial compensation from a defendant…
A personal injury settlement agreement is one possible resolution for a personal injury case in Texas. It describes a signed agreement between both parties, where the plaintiff agrees to accept a financial award in exchange for releasing the defendant from further liability. A personal injury settlement prevents a case from having to go to trial to be resolved by a judge or jury. What Is a Personal Injury Settlement Agreement? A personal injury settlement agreement is a legally binding contract between the injured victim of an accident (the plaintiff) and the allegedly at-fault party (the defendant) or the defendant’s insurance…
It is easy to get hung up on the deposition aspect of a personal injury case in San Antonio; this is the in-person interview process that most plaintiffs focus on as a point of concern or anxiety. Yet it is also important to understand what happens after the deposition as an injured party. A deposition is only one part of many that make up the personal injury lawsuit process in Texas. What Is a Deposition? First, if you are unfamiliar with a deposition, it is a step during the discovery phase of a personal injury lawsuit. A deposition is an…
Personal injury mediation is a form of alternative dispute resolution, meaning it is an opportunity to resolve a case without taking it to trial. Mediation is either the desired way to avoid a trial or, in some cases, a legal requirement. Learning more about personal injury mediation can help you know what to expect. What Is Mediation? Mediation is a meeting between two parties in front of an impartial third party. The goal of mediation is to resolve a conflict or dispute that exists between the two participating parties. Mediation is focused primarily on the needs and interests of the…
Liability is a keyword you will hear often during a personal injury case in Texas. In legalese, liability is one party’s legal and financial responsibility for an accident. If someone is liable, that party is responsible for bearing the costs related to the accident, such as medical bills and property repairs. Understanding how liability is determined can help you identify the correct liable party (defendant) for your personal injury case.   What Is Liability? Holding someone liable means holding that party responsible for his or her actions. When one person or party fails to meet the duty of care, and…
Accidents and injuries happen every day. If you get injured in an accident such as a car crash or slip and fall, you may be eligible for financial compensation from the party at fault. Preparing for the personal injury lawsuit process can make the experience easier for you and your family. Discuss your specific case in more detail with a personal injury lawyer in San Antonio today. Initial Consultation With a Personal Injury Attorney The first step is finding the right personal injury lawyer to represent you. Although not every personal injury claim needs an attorney, hiring one could help…