| 1100 N.W. Loop 410, Suite 365 San Antonio, Texas 78213 Tel. (210) 979-9777 Fax. (210) 979-9774 |
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| 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!
Personal Injury
"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.
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.
THE BAEZ LAW FIRM, P.C.
"We Care About Your Legal Needs"
"We Care About Your Legal Needs"
Auto Accidents
Business Law
Car Wreck
Consumer Law
Criminal Law
Family Law
Litigation
Medical Malpractice
Nursing Home Negligence
Police Brutality
Roof Crush Injury
Spinal Cord Injury
Wrongful Death Statute
Business Law
Car Wreck
Consumer Law
Criminal Law
Family Law
Litigation
Medical Malpractice
Nursing Home Negligence
Police Brutality
Roof Crush Injury
Spinal Cord Injury
Wrongful Death Statute
 | Auto Accidents |
| Personal Injury |
| Nursing Home Negligence |
| Premises Liability |
| Slip and Fall |
| Car Wreck |
| Medical Malpractice |
| Wrongful Death | |
Practice Areas
Other Practice Areas
PHYSICAL LOCATION:
| 1100 N.W. Loop 410, Suite 365 San Antonio, Texas 78213 Tel. (210) 979-9777 Fax. (210) 979-9774 |
INTERNET LOCATIONS:
http://www.sanantoniopersonalinjurytriallawyers.com
http://www.thebaezlawfirm.com
http://thebaezlawfirm.blogspot.com
http://sanantoniopersonalinjurylawyers.blogspot.com
http://www.thebaezlawfirm.com
http://thebaezlawfirm.blogspot.com
http://sanantoniopersonalinjurylawyers.blogspot.com
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