What is the Burden of Proof in a Personal Injury Case in Texas?
If you plan on filing a personal injury lawsuit against a negligent party in Texas, it’s important to familiarize yourself with the burden of proof standard for your case. If you don’t, you risk not recovering the damages you deserve.
In Texas, the burden of proof standard for personal injury cases is known as a preponderance of the evidence. That means your attorney must prove that it is more likely than not that a defendant caused your injuries. Meeting the burden of proof is essential, and victims can help their attorneys accomplish this by promptly reporting their injuries and keeping any records regarding an accident. If you fail to meet the burden of proof for a personal injury claim, you may find yourself stuck with expensive medical bills and other damages. Don’t let that happen, and hire a Texas lawyer to help you prove a defendant’s fault.
Our attorneys are dedicated to helping victims throughout Texas hold negligent parties accountable. For a free case evaluation with the Arlington personal injury lawyers at The Queenan Law Firm, P.C., call today at (817) 476-1797.
What is the Burden of Proof in a Texas Personal Injury Lawsuit?
It might surprise Texas victims to learn that the burden of proof in a personal injury claim is less than that of a criminal trial. To be successful in a compensation claim against a negligent party, it’s important that you understand what the burden of proof is and what it means for your Texas personal injury lawsuit.
In Texas personal injury lawsuits, the burden of proof standard is known as a preponderance of the evidence. Essentially, your Texas personal injury lawyer will be tasked with proving that it is more likely than not that a negligent party caused your injuries.
Compared to the burden of proof standard for criminal trials, which is beyond a reasonable doubt, Texas victims may think their chances of winning a personal injury lawsuit are high. While it’s true that the burden of proof for a civil claim in Texas is lower than that of a criminal case, it’s not guaranteed that this lower standard always benefits victims. Understanding the burden of proof and what is required to meet it is crucial if you require compensatory damages against a negligent party in Texas.
Meeting the Burden of Proof in a Personal Injury Case in Texas
Although the burden of proof in a personal injury case might seem low to Texas victims, it is not to be underestimated. It is still necessary to meet the burden of proof in your lawsuit so you can recover the compensatory damages you deserve against a negligent party. To ultimately help your Houston personal injury lawyer meet the burden of proof in your case, there are several things you can do. For example, victims should report their injuries to the necessary agencies immediately and keep any records of an accident. Then, Texas victims can hire an experienced lawyer capable of proving a defendant’s negligence.
For your Texas personal injury lawsuit, having evidence and documentation of an accident’s aftermath is crucial. Reporting your injuries as soon as they occur can create evidence of your injuries and their likely cause. Immediately after you sustain injuries due to a negligent party in Texas, call the police. Report your injuries to your employer if the accident occurred at work. Inform your landlord if you were injured on their property. Then, visit the hospital so that medical professionals can document your injuries. Creating this evidence immediately after an accident can ultimately help your attorney meet the burden of proof in a Texas personal injury case.
Certain records can be crucial evidence in a personal injury lawsuit in Texas. Victims should gather documents pertaining to an accident, like police reports, medical records, lost wages, photographs, and correspondence with an at-fault party. When in doubt of a document’s importance, ask your Fort Worth personal injury lawyer. Chances are, anything related to your accident and damages is worth keeping. These records can help demonstrate a negligent party’s fault so that you can recover sufficient compensatory damages in a Texas personal injury lawsuit.
Hire an Attorney
Meeting the burden of proof in a personal injury lawsuit, and knowing exactly what is required to do so, is not easy. While the standard for civil claims is lower than that of criminal trials, that doesn’t mean meeting the burden of proof in a personal injury case isn’t without challenges. That is why Texas victims should hire an attorney. An experienced Grapevine, TX personal injury lawyer can gather all available evidence and records to build a strong case against a negligent party.
What Happens if You Can’t Meet the Burden of Proof in a Texas Personal Injury Claim?
If you fail to meet the burden of proof for your Texas personal injury claim, you may not be able to recover the compensatory damages you need to heal. To prevent that from happening, Texas victims should hire an experienced lawyer to represent their interests
Just because the burden of proof for a personal injury claim might be lower than expected, does not mean that victims won’t benefit from hiring an attorney. Lawsuits are complicated and time-consuming, often involving confusing procedures that pose challenges for injured victims. Your skilled lawyer will be familiar with the burden of proof for personal injury claims in Texas and devise a plan to surpass it, so you can recover the compensation you deserve against a negligent party.
If you can’t meet the burden of proof for your Texas personal injury claim, a defendant won’t be found liable for your injuries. That means, instead of recovering compensation for the damages a negligent party caused, you may have to cover the cost of medical expenses and other damages yourself. Clearly, this is not an option for Texas victims. When your access to compensation is on the line, it’s wise hire a Texas personal injury lawyer.
Speak with Our Texas Lawyers About Your Personal Injury Case Today
If you need to file a personal injury claim for compensatory damages in Texas, our attorneys can help. For a free case evaluation with the Irving personal injury lawyers at The Queenan Law Firm, P.C., call today at (817) 476-1797.