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What is The Cause of Action for Personal Injury in Texas?
The judicial system operates so that you cannot sue someone for anything. For example, if your neighbor is ridiculing your favorite sports team, you don't have the legal grounds to file a lawsuit against them for this behavior. To file a lawsuit, you need a legal justification that exists in the court of law. This is known as the “cause of action.” Understanding the elements of the cause of action for personal injury in Texas can help you determine how to build your case and defend your rights.
Cause of Action for Personal Injury in Texas
The cause of action for personal injury in Texas is what the plaintiff pleads in a lawsuit. For example, you can’t simply file a lawsuit against someone who took your money because the court does not have a cause of action for that. You have to use a specific cause of action in your lawsuit. For example, you could use a “breach of contract” as the cause of action to file against the party that took your money.
Many circumstances can result in a cause of action for a personal injury case. This includes everything from car accidents to slip and fall incidents. A cause of action also helps determine the legal strategy for the personal injury lawsuit. The legal strategy for a car accident can be very different from a premises liability case.
While car accidents cause the highest percentage of personal injury cases, you could also suffer from injuries in workplace accidents, medical malpractice, and premises liability accidents. The most common causes of action for personal injury include assault and battery. However, a personal injury can also result in non-physical harm, such as emotional trauma or distress. Loss of consortium or intentional infliction of emotional distress are also commonly used causes of action for personal injury cases in Texas.
Establishing Liability for Personal Injury in Texas
To establish a cause of action for a personal injury case in Texas, the plaintiff has to establish the liability of the defendant. They have to prove that the defendant owed a duty of care to them and that this duty was breached due to negligence or wrongdoing. It is also important to show that the negligence of the defendant directly caused the injury suffered by the plaintiff. The statute of limitations for a personal injury case in Texas is two years from the date of injury. You must initiate a lawsuit within this timeline unless there is an exception that applies to your case.
Consult a Personal Injury Lawyer
If you have suffered an injury but are not sure which cause of action applies to your case, it is best to consult a personal injury lawyer. A skilled and experienced lawyer can help you choose the right cause of action and guide you on the legal proceedings to protect your rights. A personal injury law firm can also help you with all legal aspects of a personal injury case, including gathering evidence and compiling and filing all the paperwork.