Accidents happen all the time in Belton. Tragically, some of these accidents are severe enough to affect a person’s independence and quality of life adversely.
If you or someone you know has suffered harm in an accident, you might need to speak with a seasoned attorney in your community about what happened. An experienced Belton personal injury lawyer can review your case’s facts and determine what your best legal options are.
Some accidents will not give rise to a lawsuit. A person will only have a viable personal injury lawsuit if certain elements are satisfied. A competent accident attorney could review an injured party’s case to determine if they have a viable personal injury lawsuit.
First, a person must suffer emotional, physical, or mental injuries. These injuries could result from many circumstances, such as car accidents, medical malpractice, dog attacks, or assault. Second, another person caused an injured party’s harm.
Specifically, someone acting negligently, carelessly, or willfully harmed an injured party. Additionally, the negligent party breached a legal duty that they owed to the injured party. The injured party’s attorney must prove that this breach caused their injury.
A statute of limitations establishes the time an injured party has to file a personal injury lawsuit. An injured party will lose their ability to seek compensation once the statute of limitations expires. The court will dismiss an injured party’s case regardless of its severity or how apparent the defendant’s liability appears.
The statute of limitations for a personal injury lawsuit in Belton depends on the case’s facts. Generally, any civil action for personal injury must be filed within two years of the accident date, as established in Texas Civil Practice & Remedies Code section 16.003. There are several exceptions to this time requirement.
For instance, the court will toll, or delay, personal injury claims involving an underage injured party until they turn 18 years old. Additionally, if the potential defendant leaves the state before the plaintiff files a lawsuit, the two-year limitation period will not include the defendant’s absence period. A qualified personal injury accident attorney could determine how the statute of limitations applies to an injured party’s case.
An injured party could have a legal right to compensation for the harm they suffered. Generally, personal injury damages are either economic or non-economic. The most common damages sought in a personal injury claim are medical costs and lost earnings.
An injured party must prove that their medical costs resulted from the alleged accident. These medical costs could include current and future emergency room treatment, medication costs, and hospital visits. Lost earnings refer to the money an injured party would have earned between the accident date and the settlement date.
The value of non-economic damages are subjective and often challenging to demonstrate before a jury. Examples of non-economic damages include pain and suffering, loss of enjoyment, emotional distress, and loss of consortium. A personal injury lawsuit lawyer could maximize the compensation their client receives.
A serious accident could offset the course of someone’s life. Fortunately, there are legal protections available that can help you move forward with your life.
A skilled Belton personal injury lawyer could protect your legal rights and negotiate on your behalf. Contact our firm today to speak with one of our attorneys about your legal options.