THE BAEZ LAW FIRM, P.C.
"We Care About Your Legal Needs"
"We Care About Your Legal Needs"
| 1100 N.W. Loop 410, Suite 365 San Antonio, Texas 78213 Tel. (210) 979-9777 Fax. (210) 979-9774 |
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"Personal injury" cases are legal disputes that arise when one person suffers harm from an
accident or injury, and someone else might be legally responsible for that harm. A personal
injury case can become formalized through civil court proceedings that seek to find others
legally at fault through a court judgment or, as is much more common, such disputes may be
resolved through informal settlement before any lawsuit is filed:
Formal "Lawsuit" Unlike criminal cases, which are initiated by the government, a formal
personal injury case typically starts when a private individual (the "plaintiff") files a civil
"complaint" against another person, business, corporation, or government agency (the
"defendant"), alleging that they acted carelessly or irresponsibly in connection with an
accident or injury that caused harm. This action is known as "filing a lawsuit". Go here for
more information on what a person filing a lawsuit usually must prove.
Informal Settlement In reality, most disputes over fault for an accident or injury are resolved
through informal early settlement, usually among those personally involved in the dispute,
their
insurers, and attorneys representing both sides. A settlement commonly takes the form of
negotiation, followed by a written agreement in which both sides forgo any further action
(such as a lawsuit), choosing instead to resolve the matter through payment of an agreeable
amount of money.
Unlike other areas of the law that find their rules in statutes (such as penal codes in criminal
cases), the development of personal injury law has taken place mostly through court
decisions, and in treatises written by legal scholars.
To understand how pre-existing case law (or "legal precedent") might be used to strengthen an
injury case, suppose that you are involved in an accident or are injured, and decide to hire an
attorney to protect your legal rights. During settlement negotiations with insurers or
opposing
counsel, and especially in any legal filings with the court, your attorney will make reference
to (or "cite") prior cases in which the courts in your state decided on issues like fault or
damages, in ways that are favorable to your position. For example, suppose you have been
injured in a "slip and fall" on an uneven sidewalk outside your apartment building. In seeking
to prove that the owner of your building is at fault, your attorney might cite a case in which
your state's supreme court held that owners of residential buildings have a legal duty to
ensure that the premises surrounding the building are properly maintained.
accident or injury, and someone else might be legally responsible for that harm. A personal
injury case can become formalized through civil court proceedings that seek to find others
legally at fault through a court judgment or, as is much more common, such disputes may be
resolved through informal settlement before any lawsuit is filed:
Formal "Lawsuit" Unlike criminal cases, which are initiated by the government, a formal
personal injury case typically starts when a private individual (the "plaintiff") files a civil
"complaint" against another person, business, corporation, or government agency (the
"defendant"), alleging that they acted carelessly or irresponsibly in connection with an
accident or injury that caused harm. This action is known as "filing a lawsuit". Go here for
more information on what a person filing a lawsuit usually must prove.
Informal Settlement In reality, most disputes over fault for an accident or injury are resolved
through informal early settlement, usually among those personally involved in the dispute,
their
insurers, and attorneys representing both sides. A settlement commonly takes the form of
negotiation, followed by a written agreement in which both sides forgo any further action
(such as a lawsuit), choosing instead to resolve the matter through payment of an agreeable
amount of money.
Unlike other areas of the law that find their rules in statutes (such as penal codes in criminal
cases), the development of personal injury law has taken place mostly through court
decisions, and in treatises written by legal scholars.
To understand how pre-existing case law (or "legal precedent") might be used to strengthen an
injury case, suppose that you are involved in an accident or are injured, and decide to hire an
attorney to protect your legal rights. During settlement negotiations with insurers or
opposing
counsel, and especially in any legal filings with the court, your attorney will make reference
to (or "cite") prior cases in which the courts in your state decided on issues like fault or
damages, in ways that are favorable to your position. For example, suppose you have been
injured in a "slip and fall" on an uneven sidewalk outside your apartment building. In seeking
to prove that the owner of your building is at fault, your attorney might cite a case in which
your state's supreme court held that owners of residential buildings have a legal duty to
ensure that the premises surrounding the building are properly maintained.
| Because of the size of our firm, each client is important and gets a greater level of personal attention. The success and happiness of the client is very important to us. |
| We are Professionals that care about your legal needs. |
| This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Persons accessing this site are encouraged to seek independent counsel for advice regarding their individual legal issues. |
Not certified by the Texas Board of Legal Specialization.
Copyright © 2008 The Báez Law Firm, P.C. All Rights Reserved!
SAN ANTONIO PERSONAL INJURY TRIAL LAWYERS
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Personal Injury