How Much Is My Personal Injury Case Worth?

Personal injuries can occur because of many different events. These injuries have long-term, life-altering effects and, in some cases, may be life-threatening. Often, victims of such accidents will require lifelong medical care, which leads to high medical bills and can affect the victim’s quality of life. Before filing a personal injury lawsuit, you may want to know how much your case is worth. This will help you plan and ensure all bills are settled. However, each case is unique; your lawyer will consider several aspects when calculating the claim’s value.

How Much Is MY Personal Injury Case Worth?

There are different types of personal injuries. Considering their permanent nature, these injuries can be costly to treat. In addition, you may also suffer other types of losses. In the end, no two personal injury cases are alike. Therefore, the amount of compensation you get will depend on the circumstances of your case.

Who Is Liable for Personal Injuries?

When you suffer catastrophic injuries, not only do you want to seek compensation for those injuries, but you also want to make sure that you hold all liable parties accountable for their actions. To determine who bears liability for your injuries, your lawyers will need to discover who owned you a duty of care and how that duty of care was violated in a way that led to your injuries.

Understanding the Role of the Plaintiff in Personal Injury Cases

May 22, 2024 by Greg Baumgartner

What is a Plaintiff in a Personal Injury Case?

Personal injury cases arise when someone suffers harm due to another party’s negligence. If you’ve been injured due to someone else’s carelessness, you might wonder what legal options you have. In such a scenario, you might consider filing a personal injury lawsuit against the at-fault party to recover compensation for your damages.

What’s a Plaintiff in a Personal Injury Case?

In a personal injury case, the plaintiff initiates the lawsuit. They claim that they have been hurt and suffered losses because of a legal wrong committed by someone else. The plaintiff’s goal in a personal injury case is to have someone else compensate them for the losses they sustained because of their injuries.

Who Begins a Personal Injury Case?

A personal injury case is initiated by the plaintiff filing a claim in court. The plaintiff is the person who brings a lawsuit to ask for recovery from someone else. In other words, the plaintiff is the victim of the personal injury case and brings a compensation claim.

A Defendant Can Bring a Counterclaim or a Cross-Claim and Become a Plaintiff

A defendant can bring a counterclaim or a cross-claim and become a plaintiff. In a personal injury lawsuit, when a defendant receives their summons and complaint and realizes they’re a party to the lawsuit, they can respond to the allegations.

One way they can respond is to accuse someone else of a legal wrong. Essentially, they can point the finger at someone else, known as a cross-claim. When they add claims against someone else, they can also become plaintiffs in the case.

The Plaintiff Has the Burden of Proving the Case

A plaintiff and their lawyer, like a top Houston personal injury attorney, need to present strong evidence to prove their case.

What Does a Plaintiff Have to Prove to Win the Personal Injury Case?

The plaintiff must prove several crucial elements to achieve a successful outcome in a personal injury case. These elements are the foundation of a negligence claim:

Duty of care: The plaintiff must establish that the defendant had a legal obligation to act in a way that would prevent harm to others.
Breach of duty: The plaintiff must demonstrate that the defendant failed to uphold their duty of care.
Causation: The plaintiff must prove a direct causal link between the defendant’s breach of duty and the injuries sustained.
Damages: The plaintiff must provide evidence of the damages they suffered due to the defendant’s negligence—for example, medical expenses, lost income, property damage, and pain and suffering.

The standard of proof for a personal injury case is typically a “preponderance of the evidence.” The preponderance of the evidence means the plaintiff must convince the judge or jury that the defendant is more likely than not responsible for their injuries.

When You’re a Plaintiff in a Personal Injury Case, How Can the Case Resolve?

Personal injury cases can be resolved in a few different ways. Most personal injury cases reach a settlement agreement before going to trial. In a settlement, the plaintiff and defendant negotiate a mutually agreeable amount of compensation to resolve the case.

The case may proceed to trial if a settlement cannot be reached. A judge or jury will then decide the outcome of the case. If the plaintiff wins, they’ll receive a favorable judgment, awarding damages.

Sometimes, the person being sued can ask for the case to be thrown out if they think the other person can’t prove their claims. If the judge grants the motion, the case is dismissed.

A skilled personal injury attorney can guide you through the complexities of the legal system. Understanding the plaintiff’s role is important to get the compensation you deserve in a personal injury claim. It can be complex.

Contact a Houston Personal Injury Lawyer for Help

Call Baumgartner Law Firm for a FREE personal injury case evaluation at (281) 587-1111.

Baumgartner Law Firm

6711 Cypress Creek Pkwy, Houston, TX, 77069

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Post under: Personal Injury

Baumgartner Law Firm

Greg Baumgartner is a preeminent rated personal injury lawyer based in Houston, Texas, with over three decades of experience representing severely injured clients in truck accidents. He founded Baumgartner Law Firm, in 1985, with a mission to provide excellent legal representa-tion and personalized attention to every client.

6711 Cypress Creek Pkwy, Houston, TX, 77069 Call: (281) 587-1111