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Understanding Texas Personal Injury Law

Understanding Texas Personal Injury Law

  • 1
  • Wednesday October 28th, 2015

Personal injury issues can arise from various types of conduct and/or sources. Most people are familiar with personal injury cases being brought due to automobile accidents; however, personal injury lawsuits and claims can be filed by all types of individuals who are harmed emotionally and/or physically by another person or entity.
Personal injury actions can be brought due to medical malpractice, slip and fall, construction accidents and many other types of incidents.

That being the case, it is important for individuals to understand if they have been hurt by anyone or anything, they need to seek legal guidance from skilled attorneys at a McAllen personal injury law firm as soon as possible.

A Brief Look at Causation

While it is true many injured victims are entitled to compensation for their injuries, not all injured parties are entitled to recover damages. Before even reaching the point of obtaining compensation, the harmed individual will need to prove his or her case through the use of credible evidence that the other party to the lawsuit (the defendant) should be held legally liable for the injuries sustained. That means the injured party must show proof of actual and proximate (or legal) causation.

Actual causation is just that — cause and effect; however, whether proximate causation can be proven will depend on the specific facts of the case. Given the complex nature of causation, it is crucial for injured parties to contact knowledgeable legal representation who can provide them with a better understanding of the potential issues of their specific cases.

Common Defenses Used in Personal Injury Cases

As an injured party, it is also important for you to have an idea of the potential defenses used in personal injury cases. Such defenses can include comparative negligence, intentional misuse, sovereign immunity and statute of limitations.

Comparative negligence is typically claimed by defendants seeking to show the injured party’s own actions contributed to and/or caused his or her own injuries. Intentional misuse is often used in cases related to product liability. This is where the defendant claims the injured individual’s intentional misuse of the product caused his or her injuries.

Sovereign immunity usually pertains to cases in which government officials are involved. Depending on the specifics of the case, certain officials will be immune from civil liability if acting in their official capacity at the time of the incident. Statute of limitation defenses are used by those who believe the lawsuit was brought outside the time limits established by law.


Attorneys at personal injury law firms in McAllen and all throughout Texas typically work hard to ensure their clients obtain just compensation for their damages. Many victims want to know what compensation can cover with respect to their cases. In many instances, it is not uncommon for victims to be entitled to compensation for lost pay, past and future medical expenses for emotional and physical pain and suffering. Further, certain family members may also be entitled to compensation referred to as “loss of consortium” damages.

If you or someone you love has questions or concerns about how the laws may affect the outcome of your case, contact the personal injury firm of Tijerina Legal Group, P.C. today.

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