Legally speaking, a “personal injury” is any type of physical harm and the emotional trauma that goes along with it caused by the actions or inaction of another party or parties. In the state of Texas, an injured person, or the plaintiff, is permitted to seek restitution for his or her injuries from the person who caused the injury, or the defendant.
The Texas Civil Practices and Remedies Code forms the basis for all personal injury laws in this state, and nowhere does it state that the defendant owes anything to the plaintiff. On the contrary, Texas law merely allows the plaintiff to seek just compensation from the party that caused his or her injuries in order to make him or her whole again.
If you have a ticket to the circus, you are permitted to watch the circus. However, that ticket doesn’t mean the circus is going to come to your house for a private performance. The same goes for personal injury law – defendants are not expected to volunteer payment for compensation.
The plaintiff needs to take his or her quest for compensation to the defendant and often to court in much the same manner that you must take your ticket to the circus.
In order to gain restitution, the plaintiff must prove that the defendant was the sole proximate cause of injuries suffered, and the plaintiff will receive no compensation unless he or she can do so. If you need an Austin personal injury lawyer please contact us today at (512) 400-3278.