Serious Injuries – Call the Personal Injury Lawyers

As personal injury attorneys who handle many cases involving very serious injuries, we are frequently asked questions by clients and family members about matters commonly of concern to them. In order to provide our readers with some general guidance about serious injury cases inTexas, we have decided to do a series of blogs on frequently asked questions in the context of such cases. This entry shall address the first of many of such questions, with future blogs on other FAQs to follow.

1. Who pays for my medical bills while I am recovering from my injuries?

Answer: You do. In Texas, we do not have a “Pay As You Go” rule. In a hypothetical automobile accident where it is admitted that the other driver is at fault, there is still no duty of that driver or his insurance company to pay medical expenses for the injured victim as they are being incurred. Instead, the injured individual is required to use his or her own resources to pay for medical expenses as they are being incurred. If the expenses incurred exceed available insurance coverage, the insurance carrier for the at-fault driver may decide to tender available coverage without further delay, but there is no legal requirement that they do so. However, if the medical expenses being incurred do not exceed available coverage, typically, such bills will not be paid until all medical reports are made available for review to make sure that the incurred medical expenses are related to the injuries caused in the hypothetical collision. Thus, in Texas, as in many other states, […]

San Antonio Personal Injury Lawyers » Three Ways a Personal Injury Case is Defended

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Common Arguments Used by the Defense to Lower the Value of Your Claim

San Antonio Texas Lawyer

There are a number of different ways that a defendant can attempt to limit the success of your lawsuit, and these are called defenses. Our Law Offices, has dealt with a great many of cases and our attorney has identified some of the common ways that a case can be defended. Please visit our website here

What Are the Common Ways a Case is Defended?

When you file suit against someone, you are known as the plaintiff and the person you are filing suit against is known as the defendant. The plaintiff has what is called the burden of proof, which means that they are responsible for proving the case. Naturally, since you are trying to accuse the defendant of doing something that is wrong, they go on the defensive. There are three main ways that our attorneys have identified that a defendant can use to defend a case: 1) the plaintiff fails on his own merits, 2) Ordinary defenses, and 3) Affirmative defenses.

The Plaintiff Can Fail on His Own Merits

The plaintiff has the burden of proof to show that the defendant is guilty of whatever the plaintiff is accusing them of. For example, if you got into a car accident and the defendant caused the crash you would be suing him in a negligence cause of action. Therefore, as the plaintiff, you would have the burden of proof to […]