Dallas Personal Injury and Accident Lawyers

There are four factors that determine a defendant’s liability in a Dallas personal injury lawsuit.  We are going to list each of these four factors and then discuss them one by one. 

• Liability
• Negligence
• Collectability
• Willful Intent

Of course, there are more factors that will go into a lawsuit by the time the court trial begins.  All of this information must be taken into account and then be decided upon by a judge and jury.  However, these are the most important factors that will not only determine if you get compensation, but also if you can secure a lawyer to take your case in the first place.

Liability

The first factor is that of liability.  This can be more complicated in a court of law than it initially sounds.  After all, it’s easy to assume that one is liable if he or she directly causes injury to another party.  However, in court it must be confirmed that the defendant actually ensured the injured party liability before the incident took place.  Of course, this agreement is usually assumed rather than explicitly exchanged; therefore, a Dallas injury lawyer will focus on establishing implied or suggested liability, the likes of which we expect from a store merchant or automobile driver.

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Dallas Personal Injury Negligence

A defendant must be shown as negligent in that he or she (or a company) did not take preventive measures that could have avoided the serious injury.  Negligence does not always involve malicious intent, nor does it necessarily involve selfish thinking.  Sometimes a defendant makes an honest mistake that inadvertently causes someone else pain.  If that is the case, and if the defendant has liability, then he or she must pay compensation.  No hard feelings but what’s fair is fair!

Dallas Personal Injury Collectability

There’s no sense in suing someone that has no money, assets or any other resources.  You can’t sue a person for punitive damages or even compensatory damages if they cannot afford to pay you.  The only other option would be to settle with or sue the person’s insurance company. 

Willful Intent

If it can be proven that the defendant had willful intent to injure the person, or perhaps was so grossly negligent that it offends the court, then this may significantly change the compensation and the whole direction of the trial.  Punitive damages may be filed against the defendant.

Keep these factors in mind when trying to decide if you should file a claim.  Go ahead and talk to an accident attorney in Dallas to get some sound legal counsel.

Dallas Injury Claim Information

• Dallas Courts
• Dallas Law Library
• Personal Injury Lawyers in Dallas