Essential Legal Concepts in Personal Injury Cases

Proving Liability in Personal Injury Claims 

Establishing liability involves proving that another party’s actions were responsible for your injury. Liability may involve individuals, companies, or property owners, depending on the circumstances of the case. The general steps we take include:

• Investigating the Incident: Reviewing accident reports, witness statements, and security footage if available.
• Collecting Evidence: Gathering medical records, photos of injuries, and any communication with the defendant.
• Analyzing Relevant Laws: Applying Texas personal injury laws to show the defendant’s responsibility.
• Working with Experts: Consulting medical and accident experts to validate the details of the case.

This process is crucial in pursuing fair compensation for our clients.
Learn about solid case-building in our guide on How to Write a Personal Injury Demand Letter.

Comparative Negligence and Its Impact on Texas Personal Injury Cases

In Texas, comparative negligence applies when multiple parties share fault. The state’s modified comparative negligence rule allows plaintiffs to recover damages as long as they are less than 51% at fault. Here’s how it works:

• Calculating Fault: Each party is assigned a percentage of fault based on their role in the incident.
• Impact on Compensation: If you’re partially at fault, your compensation will be reduced by your percentage of fault.
• Example: If you’re 30% at fault and awarded $100,000 in damages, your compensation would be reduced to $70,000.

At Eric Ramos Law, we analyze the details to minimize the impact of comparative negligence on your case.

Assumption of Risk in Personal Injury Lawsuits

Assumption of risk can be a defense in personal injury cases, claiming that the injured party knowingly engaged in a risky activity. Here’s what this entails:

• Express Assumption: You explicitly agreed to take on the risk, such as signing a waiver.
• Implied Assumption: You voluntarily participated in an activity knowing its inherent risks.
• Effect on Case: If proven, the assumption of risk can reduce or even eliminate liability for the defendant.

Our team at Eric Ramos Law works to refute such defenses, ensuring you retain your right to pursue fair compensation.

Statute of Limitations for Personal Injury Claims

The statute of limitations is a legal deadline for filing a personal injury lawsuit. In Texas, this period is generally:

• Two Years from the Injury Date: This is the standard deadline for most personal injury cases.
• Exceptions: Cases involving minors, government entities, or latent injuries may have different limitations.
• Consequences of Missing the Deadline: Failing to file within the statute means losing your right to pursue compensation.

Our attorneys ensure that all actions are filed promptly, protecting your claim from procedural issues.

Premises Liability and Property Owner Responsibility

Premises liability holds property owners accountable for maintaining safe conditions. Common premises liability cases include:

• Slips and Falls: Often occur due to wet floors, uneven surfaces, or poor lighting.
• Negligent Security: If a property lacks adequate security and someone is harmed, the owner may be liable.
• Hazardous Conditions: Property owners are responsible for promptly addressing dangers like broken stairs or exposed wiring.

We can help you establish that a property owner’s negligence contributed to your injury, making them liable for damages.

Pursuing Justice in Wrongful Death Cases

Wrongful death claims allow families to seek justice for a loved one’s death due to another party’s negligence or misconduct. Important aspects include:

• Eligible Family Members: Usually the spouse, children, or parents can file a claim.
• Compensation Available: Damages may cover funeral expenses, lost income, and emotional suffering.
• Evidence Required: Proving wrongful death requires demonstrating the same elements of negligence.

Our compassionate legal team is dedicated to helping families find closure and compensation after a tragic loss.

Attorney-Client Privilege and Confidentiality

Attorney-client privilege is fundamental to protecting your privacy and ensuring open communication. Here’s why it matters:

• Confidentiality: All information shared with your attorney is private, even if the case goes to trial.
• Benefits: Confidentiality allows clients to be open, enabling us to build stronger cases.
• Limitations: Privilege does not apply if the client seeks advice to commit future wrongdoing.

We prioritize trust and transparency, allowing you to discuss your case confidently and openly.