Solvent Defendant: Though liability and damages are elemental in building a successful personal injury case, probably the most important is to have a financially solvent defendant. Without someone who can afford to pay your damages, it makes little sense to sue them in court. Financial solvency means they have the means to reimburse you for their negligent liability that caused the wrong you are now suffering. For example, if a driver accidentally crashes his car into you while swerving to avoid hitting a homeless person who was jaywalking, there is certainly provable liability and damages to your vehicle. But there is no way to sue the homeless person who caused the accident because he has no financial worth. Ans id the driver who hit you has no insurance, then you’re out of luck when it comes to collecting damages from those who caused the accident. It is unfortunate that some cases involving defendants without monetary resources will leave victims hurt and with no way to seek compensation for the damages suffered. You don’t like it but sometimes compensatory justice falls through the cracks of our legal system.
But such instances are more the exception than the rule which is why identifying solvent defendants is an area where an experienced attorney can be a great asset to you in getting the justice you deserve. While many defendants often attempt to shed their financial liability by claiming hardship and the lack of monetary means, many of them are simply trying to hide their true worth by stashing their money in separate, maybe even offshore, bank accounts, or closing all their accounts and hiding the cash in a safe deposit box, or falsifying their lack of insurance. We see many insurance falsifiers because some defendants are fearful that their carrier, having recently paid a claim or two, will drop them if they have to pay one more.
Regardless of what liable defendants do to prevent you from finding out their true worth, our experienced legal team won’t be denied from identifying, then recovering all possible monies that they may be trying to hide from you (and the court). An intensive asset check of all defendants is the most effective way to discover financial means that they try to hide. Luckily for our clients, many of these asset investigations turn up money that the defendant hoped we would never find, and often enough to pay your fair damage claim. Coupled with an equally stringent investigation of the events leading up to your accident, the asset check produces all the evidence necessary to bring your injury claim or case to a successful conclusion.
There Are Many Benefits of Having an Experienced Personal Injury Lawyer On Your Side?
Most Texans commonly assume that state law will magically deliver to them equitable financial recovery for their injuries. This assumption, in and of itself, is actually false. Personal injury victims have the right to ask for financial recovery. But they must secure it for themselves. It’s never given to them outright.
Texas Civil Practices and Remedies Codes state only that personal injury victims in the case of an accident may seek out compensation. They must follow specific legal guidelines and accept the fact that the burden of proof is on them, the victims. In order to be compensated, they must convince the jury that the defendant’s decisions can be considered the proximate cause, or reason for the injuries that they sustained and by doing so, justify the amount of damages they ask the court (and the civil jury) to award them. Personal injury cases can get extremely touchy, especially if there are very large sums of defendant money (or defendant’s insurance money) at stake. It takes a special kind of attorney to be successful in this law environment. And until you hire an experienced injury lawyer, a host of less than knowledgeable friends and family are more than willing to give you “free legal advice” (which is rarely worth its no price tag value.)
You also might have a relative or friend who is a lawyer who wants to protect your best interests and represent you in a personal injury claim or lawsuit. And though we don’t want to stick our nose in your personal relationships, we must tell you that when it comes to legal representation of any type, it is certainly in your best interests to avoid retaining anyone who might have a difficult time emotionally disassociating him or herself from your case. Personal injury law can become quite passionate at times. And your attorney must be pragmatic, focus solely on the facts of a case and be cool under fire in order win your case, or successfully negotiate a just and fair settlement on your behalf. What happens if that friend or relative attorney doesn’t win the case, or accepts a less-than-fair settlement, and leaves even more money on the table due to that inexperience, or thinking more with their heart than their head? How will you feel about your friend or relative then? Very rare is the case where family members or friends belong in your legal business. And you would be wise to keep this in mind.
Knowing the Law is Only Half the Battle
One of the reasons why there’s a lot of “free legal advice” from people who think they know the law, is that many feel that all one needs to do in order to represent themselves effectively in a lawsuit is to simply have the knowledge. So they think all they have to do to be a good lawyer is to read the law. Well, contrary to what you might think, knowing the law itself is only about 25 percent of the equation that will lead to a successful personal injury case. Let us ask you this, if you know how to do the math, work a 10-key calculator, and are a whiz at using bookkeeping software, does this qualify you to be a CPA? Of course not. There’s more to success than just knowing the tools to use. Most legal triumphs are a result of experience, knowing how to execute the procedures, proving the damages properly, and establishing a strong tie between the defendant’s actions and the victim plaintiffs’ injuries. Most importantly, however, your lawyer must have the knick of being able to convince a jury in an injury liability case. This is how to win a personal injury trial. Knowing the law is one thing. Applying it is altogether different. When it comes to any profession, from CPA to personal injury lawyer, experience wins every time.
Now you might be able to read a law book (although you’ll quickly learn that such reading can get awfully boring to non-lawyers). You might even have pride in your ability at being a tenacious negotiator in life, and in your gift for “doing deals.” But when it comes to personal injury law, someone on your side must know how to apply the law by using the proper procedural methods. Without it, you’re a legal accident waiting to happen and you will be lucky if your lawsuit isn’t thrown out on some obscure technicality long before your day in court
Sadly, many people don’t call an attorney until they learn, often by the experience of botching their case, that their chances of winning have become extremely low. Those who are successful in their personal injury case will tell you that if you call us quickly, you have a much better chance of winning your damage claims and cases than if you call us as a last resort after too much time has passed. By first attempting to represent themselves, and handle the issue alone victims are often misled by the insurance companies they have been corresponding with. Insurance companies know how to shed injury claimants and entice them with low-ball compensation amounts. We are aware of many people who have settled, and then called us, too late, when they realize they’ve been fooled into thinking they won, when not only did they lose, they got slaughtered. And after you sign that release attached to that check, the defendant (and his insurance company) simply skate away, with big smiles on their faces after victimizing you. You only get one shot at fair compensation. An experienced personal injury attorney helps you make it your best shot.
Insurance companies and their defendants are motivated by only one thing, to settle with you, hopefully for pennies on the dollar. But if you are represented by lawyer who has a winning track record and commands their respect and fear, your settlement magically becomes dollar for dollar. Non-attorneys rarely, if ever, create fear in the minds of an insurance company, despite their empty threats. Insurance companies have many ways to defeat you and your inexperienced legal counsel.
Do you know how you would need to respond to a motion for summary judgment or how you’re supposed to answer interrogatories? Can you effectively take witnesses’ depositions that get to the bottom of the facts in your case? Can you investigate an accident scene? Can you follow the paper trail of defendants who try to hide their assets and appear insolvent so they can avoid paying damages? What recent rules of Texas personal injury law apply to your situation? What should you do if a countersuit is filed against you, which calls for quick and proper action to prevent your civil damage suit from being dismissed? These scenarios are only a sampling of the common obstacles to a personal injury liability lawsuit we see every day. And they’re the same challenges your, or your attorney’s inexperience can bring doom to your damage case long before it’s time to appear in court.
Call the Injury Lawyers at our Law Office to Help You
If you or someone you love has suffered from a personal injury, the injury lawyers at our Law Offices will assist you and bring to you the justice and fairest reimbursement you deserve. We have been fighting for our injury clients for over 20 years and won thousands of personal injury damage claims and cases. Like those we have won judgments for, we’ll do whatever it takes to help you, too
Put our years of experience to work for you. If you want to know what your rights are, how to proceed with your claim and how much compensation you can secure from your personal injury case, regardless of how it happened or who is liable, we can answer all of your questions. Call our Law Office now for a free consultation and find out how we can help you.
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What is a Personal Injury? What are my Rights in Texas? Am I Owed Compensation for my Injuries?
Everyone gets hurt from time-to-time, but what actually constitutes a personal injury? According to the state of Texas, any injury or harm done to a person’s body, mind or emotions represents a personal injury. The Texas Civil Practices and Remedies Code provides this definition and serves as a basis for explaining the rights and legal options afforded a personal injury victim to seek financial compensation.
Have you suffered a personal injury in Texas? Do you want to know what your rights are? The Attorneys at our Law Office have compiled 20 years of experience trying personal injury cases, and we’re here to help you better understand your situation.
In most legal claims, personal injury occurs when one person is hurt due to the negligent behavior or indifference of another person. In Texas law, each individual has a responsibility to provide a minimum criterion of care for other people. When a person is injured due to someone else failing to maintain that standard of care, the injured party (plaintiff) can bring a lawsuit against the person (the defendant) whose actions or inaction caused the injury. When this occurs, the injured person cannot undo the injury, but he or she can seek monetary restitution for the harm done through a personal injury lawsuit.
You might think you know the law, but just knowing your rights does not prepare you to go to court and fight for them. You need an experienced lawyer who knows the tricks of the trade and how to build an effective strategy for getting you the compensation you deserve.
A plaintiff’s best course of action is to hire a seasoned personal injury lawyer to represent him or her in court or through the settlement process. An experienced lawyer knows how to make the defendant monetarily responsible for compensating the plaintiff for the complete extent of his or her injuries.
For example, Jon Doe is pulling off I-35 when a car on the access road fails to yield to his pickup truck coming off the interstate. The second driver clips the rear end of Mr. Doe’s truck and drives it into a guardrail. The force of the crash breaks Mr. Doe’s legs, but fortunately, he was wearing his seat belt, and the injuries are not life-threatening. He is rushed to the emergency room, but he must spend a week in the hospital, accumulating staggering medical expenses and then four months in double casts, making him unable to perform his job as a construction worker. Moreover, he has nightmares of the accident and is now uneasy about getting behind the wheel.
In this fictional example, the driver of the second car (the defendant) who failed to yield, clipping Mr. Doe’s truck, ignored his legal standard of responsible care by not operating his car in a way that was safe for the other drivers on the road. The defendant represents the proximate cause of the accident – he was 100 percent responsible for Mr. Doe’s injuries, and Mr. Doe is perfectly in his rights to seek monetary compensation.
Mr. Doe hires an experienced Texas attorney who sues for medical expenses and lost wages. Mr. Doe’s legs heal, but he develops nagging pain in his back that is so severe that he can no longer perform simple construction tasks. Since Mr. Doe can no longer continue his career, his lawyer can seek damages for Mr. Doe’s lost potential income for the rest of his life. Additionally, Mr. Doe’s lawyer can seek restitution for the lack of sleep, fear of driving, and general emotional pain and suffering that the other driver’s negligence has caused. The process to receive just compensation is complex. However, only an experienced lawyer can navigate all of the issues successfully.
Don’t Sign Anything
If your situation makes you feel like Mr. Doe, don’t worry. The first thing to remember is: don’t sign anything. The insurance company of the party that injured Mr. Doe does not want to justly compensate him. Insurance companies are in business to make money and not help people. They will send adjusters to talk to Mr. Doe immediately. They may even hire defensive attorneys to interview him in an attempt to prove that Mr. Doe was at fault for the incident. In most cases, they will even attempt to get Mr. Doe to sign away his legal rights to sue in return for a settlement. But what if Mr. Doe did not know at the time that he wasn’t going to be able to work? Any settlement he received immediately after the accident would grossly under-estimate the amount he was owed for lost future earnings.
For Mr. Doe, and you, if you have suffered a personal injury, the best course of action is to find an aggressive attorney as quickly as possible. The longer you wait, the harder your case is to prove.
Our team of seasoned and assertive attorneys can help you. For the past twenty years, we have helped people who have suffered personal injuries all over Texas. We will use our extensive knowledge of all facets of personal injury law to make the negligent parties pay justly. We have a proven record of success, and we know how to handle the most complex and intricate cases. Even something that appears run-of-the-mill like Mr. Doe’s case can spiral into a myriad of obscure legal principles.
At our Law Office, we know how to handle legal development in a personal injury case. If you have been injured by someone else’s negligence, make them pay. Call our personal injury lawyers for a free consultation as soon as possible.
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The Importance of a Solvent Defendant in Your Personal Injury Case
Getting the compensation you deserve after an injury requires more than just proving fault. This article explores why a defendant’s financial ability to pay (solvency) is crucial in a personal injury case.
Why Solvency Matters:
Compensation: A lawsuit aims to recover financial losses from the at-fault party. If the defendant lacks funds, a judgment may be uncollectible.
Example: A driver avoids a jaywalker but crashes into you. While the jaywalker caused the swerve, they likely have no money to compensate you.
Challenges of Identifying Solvent Defendants:
Hiding Assets: Defendants may try to appear insolvent by moving money or using offshore accounts.
False Insurance Claims: Fearing a higher premium, some defendants may falsely claim they lack insurance.
How a Lawyer Helps:
Asset Investigations: An experienced lawyer can uncover hidden assets to ensure you receive fair compensation.
Experience with Tactics: They understand how defendants try to hide solvency and know how to counter these tactics.
The Benefits of an Experienced Attorney:
Securing Evidence: Your lawyer can gather the necessary evidence to prove both liability and the defendant’s financial situation.
Negotiating Settlements: They can negotiate a fair settlement that reflects the full extent of your damages.
Fighting for You in Court: If necessary, your lawyer can present your case effectively in court.
Don’t Go It Alone:
Personal injury cases are complex. An experienced attorney can help you navigate the legal system and maximize your chances of a successful outcome.
Call Us Today for a Free Consultation
We understand the challenges you face after an injury. Contact our firm today to discuss your case and get the legal guidance you deserve.
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Your Duty to Mitigate Damages
Attorney Discusses A Victim’s Legal Duty to Mitigate Damages
Duty to mitigate damages may be a foreign phrase to you, but it’s an important concept to understand if you’ve been injured as a result of the negligent behavior of another person. When broken down into its parts, the phrase is easily understood. Duty means that a victim has a responsibility. Mitigate means to lessen. Damages, in the legal realm, refer to the financial losses that accompany an injury, such as medical bills or lost wages.
Together, a duty to mitigate damages means that an injured victim has a responsibility to lessen the amount of financial losses they sustain as a result of an injury. Such responsibility means that the victim must seek out proper medical attention within a reasonable amount of time after suffering an injury.
As an example of a victim failing to mitigate damages, consider Craig’s plight. Craig’s construction site co-worker accidentally cut Craig’s hand with a saw while the two were working to erect a new building. Craig did not think the injury to be serious, so he continued working. After a week, the injury had become noticeably worse, but Craig didn’t want to take time off from work. Another week passes and the hand has become discolored. Craig is in immense pain, so he finally sees a doctor, only to learn that the injury has become infected and he must endure an amputation. In such a dire instance, Craig would not be able to pursue legal action against a liable party for the full extent of his injuries since he did not take reasonable measures to seek medical help. In other words, he failed at his duty to mitigate damages.
The Notion of Reasonable Care in Regard to Mitigating Damages
Texas personal injury law does not require that a victim take unreasonable steps in the aftermath of sustaining an injury. For example, Craig would not have been required to seal himself off in a sterile room until his injury was healed as that would be considered an unreasonable effort. However, the law does state that reasonable steps must be taken by an injured victim in order to minimize the extent of their sustained injury.
Working to ensure that your injuries do not worsen is vitally important for two reasons: your health and your possible personal injury case. If you’ve been in any type of accident that may have resulted in an injury, it’s in your best interests to be checked out by a medical professional as soon as possible after the accident. Some injuries may not be readily apparent at an accident site, or even in the hours after an accident has occurred. Furthermore, some injuries can take weeks or months to develop. By getting checked out by a medical professional as soon as possible, you can work to ensure that a more serious condition does not develop in the future. Your health, after all, should never be risked by simply choosing not to seek proper medical attention.
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Furthermore, should you desire to seek compensation for your injury from the parties responsible for causing it, you will have a legal duty to mitigate damages. If your injuries are allowed to progress to a poor state due to failure to seek medical attention, the amount of compensation you could receive from a liable party could be drastically reduced. If a jury is able to assess you with more than 50% liability for your injury, recovery of fair compensation may be completely denied. In these instances, a defense attorney is tasked with the burden of proof. In other words, this affirmative defense means that the defendant’s legal representation must be able to prove that you failed at your duty to mitigate damages. By seeking proper medical attention after an accident, such a claim cannot then be brought against you.
If you’ve suffered an injury due to the negligent behavior of another person or entity, be sure to seek medical help within a reasonable amount of time. Often, seeking medical attention as soon as possible is in your best interests. Should you have questions regarding your duty to mitigate damages so that your right to seek compensation is preserved, contact the attorneys at our Law Office today.
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