Arlington, TX – There are specific elements that need to be met for the plaintiff in any lawsuit to be successful in their claim. In car accident lawsuits, this generally focuses on some kind of breach of the standard of care by the driver who caused the accident, as well as the victim’s ability to particular losses caused by the defendant’s actions. When the plaintiff can meet this standard, the defendant will have to pay for those losses, as well as the possibility of additional types of compensation for pain and suffering or punitive damages if applicable. It is best for the victim to meet with a local attorney to get advice that is specific to their situation and decide if a lawsuit is necessary.
There must be actual damages
People who want to sue after an accident should be able to point to some kind of specific losses that were caused by the other driver. This can include their medical costs, lost wages due to time away from work, property damage, and other problems that result in tangible costs. For this reason, it may not always be worth taking formal legal action after a minor accident, although an attorney should be consulted for specific advice after any motor vehicle collision.
The defendant needs to have been negligent
The plaintiff in an accident lawsuit needs to present some kind of evidence related to why the other party was at fault for the crash. This can be something as simple as a distraction in the vehicle or a minor traffic infraction such as an illegal lane change. There are also situations where the defendant has engaged in more serious forms of negligence such as drunk driving or reckless driving. Many times the police will find this kind of evidence when they perform an accident investigation.
The statute of limitations must be observed
Each state has a statute of limitations that details the time period when a victim has the right to take legal action. If they wait too long, the case will be dismissed because the statute of limitations has expired. Texas law states that the victim has up to two years from the date of the accident to file the initial case.
Texas accident lawyers
Cooper Law Firm is a practice that focuses on motor vehicle accident lawsuits and related issues for local clients in the Arlington area. Potential clients who want to speak with an accident lawyer can schedule a meeting with the firm.
USAttorneys.com is a service that helps people find local lawyers in their city. Those who need to locate a legal professional anywhere in the country can call 800-672-3103 for help.
Firm contact info:
621 Hemphill St, Fort Worth, TX 76104