For those who have suffered recent injuries, you may be wondering if you are entitled to compensation for your time and expense. The answer to this will lie in whether you or another party can be held responsible for the injury. If the incident occurred as a result of someone else’s negligence or lack of care, you should contact a personal injury lawyer in Mesquite, TX to discuss your case. In order to help you determine if this next step is right for you, below are some common terms that help to define personal injury in a legal sense.
Plaintiff and Defendant
In a court case, there are typically two parties: a plaintiff and a defendant, each with their own legal representation. The plaintiff is the person or group pursuing the case, while the defendant is the one accused of being responsible for the incident.
Duty of Care
Often, we have what is called a “duty of care,” which mandates that we protect others from harm as much as it is reasonably possible. If you are determined to have ample time, ability, and knowledge to be aware of a hazard, then you will have this duty. This can also be called a “standard of care” in medical malpractice cases. This will often be one of the first things evaluated by a personal injury lawyer in Mesquite, TX.
When duty of care is established, but the person has failed to meet that duty, they can be charged with negligence. There are common elements to all cases where true negligence is established. The defendant needs to have established duty of care where the plaintiff is concerned and has violated that duty. As a result of that violation of duty, the plaintiff needs to have suffered actual and specific damages. This can occur in a range of scenarios, but a personal injury lawyer in Mesquite, TX can help to determine if your case meets these requirements.
This is the term for the compensation sought in a lawsuit. The idea is that these damages will make “the plaintiff whole” in any number of ways. These can be economic, or monetary, damages that reimburse lost wages and medical expenses, but they can also be non-economic damages like pain and suffering or emotional distress. Your lawyer may seek to receive these damages through a trial, or through a settlement where a lump sum is agreed upon outside of the courtroom.
If you believe you may have suffered from an injury due to another party’s negligence, contact a personal injury lawyer in Mesquite, TX today. The Kashar Law Firm offers expertise in personal injury, as well as a background working with insurance companies and the knowledge to navigate them. We offer free case evaluations at no risk to injury victims!
Ms. Kashar was born and raised in Dallas, Texas. She attended Washington University and graduated with a double major in Psychology and French. In 1996, she earned her law degree from the University of Miami School of Law. Before she committed to her career as a personal injury attorney, she spent the first nine years of her legal career defending insurance companies and their insureds. Having worked as an insurance defense attorney, Ms. Kashar knows all of the tricks used by large insurance companies to deny accident victims their fair compensation for their injuries.
Ms. Kashar has been married to her husband, Mark, for twelve years, and is the proud mother of two sons: Noah and Daniel.