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May 22, 2024 by Greg Baumgartner
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. As the plaintiff in a personal injury case, you might consider filing a personal injury lawsuit against the at-fault party to recover compensation for your damages.
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.
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. 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.
A plaintiff and their lawyer, like a top Houston personal injury attorney, need to present strong evidence to prove their 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:
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.
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.
If a settlement cannot be reached, the case may proceed to trial. 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.
Call Baumgartner Law Firm for a FREE personal injury case evaluation at (281) 587-1111.
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Since establishing Baumgartner Law Firm in 1985, Greg Baumgartner has built a reputation as one of Houston’s leading personal injury attorneys, dedicated to representing severely injured victims and families who have lost loved ones due to negligence.
Greg holds two law degrees, a distinction earned by less than 1% of all attorneys, demonstrating his exceptional legal expertise. He is also a prestigious Trial Lawyers College graduate, further enhancing his skills in trial advocacy and litigation.
His relentless commitment to legal excellence and client advocacy has earned him recognition from prestigious organizations, including Super Lawyers, the Top 100 Trial Lawyers, and many others.
With decades of experience, Greg has consistently received top peer reviews. He holds a preeminent rating, a testament to his unwavering dedication to securing justice and maximum compensation for his clients.
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