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The Basics of a Personal Injury Lawsuit: San Antonio Attorneys

Whether it is an auto accident, a dog bite, or something that happened at work, there are a variety of ways you can suffer a personal injury in San Antonio. On top of their injury, people will often find themselves in conflict with the responsible party. When this happens, many seek the assistance of a personal injury lawyer. But, do you know what the basics of a personal injury lawsuit are?

Personal Injury Case Elements

Personal injury damages in Texas consist of four elements. They are:

  • Duty owed: In any case, your attorney must demonstrate that there was a legal duty owed by the responsible party to the person who is injured. Sometimes this duty can be clearly illustrated by laws. Other times, the duty is less obvious. Questions such as, "What is the prudent thing to do?" may come up as a means of showing what the duty owed is.
  • Duty breached: When the duty owed has been identified, then your lawyer will indicate how the actions of the responsible party failed to meet that duty. This step is critical because this is the crucial element of negligence. Once negligence is proven, then it's easier to see how the party responsible for your injury created or allowed a situation that posed a risk for injury to occur.
  • Proximate cause: The next element to identify is that the breach of duty was the proximate cause of your injury. Your attorney will prove that the breach of duty is the first in an unbroken chain of events that led to the injury.
  • Damages: Finally, your lawyer must prove there were damages. In this case, that would be in the form or your injury. Damages are broken down into two types:
    • First, there are compensatory damages. These are designed to "compensate" the injured party for both economic loss, that may come in the form of things such as medical costs and lost wages. But compensatory damages may also address non-economic injuries by providing for issues such as pain and suffering or mental anguish.
    • Second, there are punitive damages. Personal injury cases do not always include punitive damages. Your attorney may seek these out if the responsible party's actions were especially negligent or egregious.

These are the four basics of a personal injury lawsuit. No matter what attorney you call on, these elements will never change. What will change, however, is the quality of the legal assistance you receive among San Antonio accident attorneys.

Choose Your Advocate Today

When looking for a San Antonio attorney, we hope you will consider the team at Carabin Shaw. We have assembled an outstanding group of San Antonio personal injury attorneys with years of experience serving those who have been injured by another's negligence.

If you need a personal injury attorney in San Antonio, call our office and schedule a free consultation. We will be happy to meet with you to discuss the details of your injury case. Not only are our attorneys well aware of the elements of personal injury claims, but we also have the skill and experience to hold the responsible party accountable for their negligence.

Each of our attorneys works on a contingency fee basis, which means you will never pay any fees until we are successful in winning your case.

If you wonder, "Who is the best personal injury lawyer near me?" please give the law offices of Carabin Shaw a call. We are always ready to demonstrate to our clients our commitment to being their advocate in the legal system and how we will fight to protect their rights.

Dial 210-222-2288 for our San Antonio office or reach us toll-free at 800-862-1260.

Visits with the Attorney are by appointment only. Main office San Antonio, Texas.

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