El Paso Personal Injury Lawyer



An El Paso personal injury lawyer will use all their skill and expertise to give you the best chance of winning your personal injury claim and being awarded compensation for your injuries.

El Paso personal injury law is based on “torts.” The basic principle of the law is that injured individuals must be compensated by those liable for their injuries. Generally, El Paso personal injury law recognizes negligent torts, intentional torts and strict liability based torts.

Negligence Most cases that fall under the jurisdiction of El Paso personal injury law are based on negligence. Negligent torts arise when a person fails to act reasonably to someone he or she owes a duty of care, resulting to an injury. The following are the elements of negligence claims:

  • Duty of Care
  • Breach of Duty
  • Factual Causation
  • Remoteness or Legal Causation
  • Harm

To succeed in an El Paso personal injury law case based on negligence, you have to prove the said elements by a preponderance of the evidence. Once you have shown that the liable party failed to exercise reasonable care, the only requirement is to reward you the compensation you deserve. An El Paso personal injury lawyer will help you identify which tort your personal injury claim falls into.

Intentional Tort If your injury is the result of someone else’s intentional action, you may also file a claim under El Paso personal injury law. Some of the cases that are usually recognized based on intentional tort include assault and battery. To be compensated for damages and injuries caused by an intentional tort, you must show that the tort was committed by the defendant and that his/her act was a considerable factor in the resulting injury.

There are three types of damages you can recover if your case is based on an intentional tort. These are nominal, compensatory and punitive damages. Punitive damages are usually given to punish the party at fault. If you are not capable of showing financial loss, the jury may decide to reward you nominal damages. Compensatory damages, which is also called as actual damages, may be given to you to compensate you for injury sustained or harm suffered because of someone else’s breach of duty..

Strict Liability Under El Paso personal injury law, strict liability is a liability standard that may exist in either civil or criminal context. This legal doctrine often applies in the case of some manufactured products. Typically, anyone involved in making a defective product available to the public can be held responsible if the use of that product resulted in an individual being injured.

The elements of strict liability claims are almost the same as that of negligence claims. El Paso personal injury law imputes strict liability to circumstances that can be said to be inherently dangerous. The law discourages carelessness and needless loss by pushing possible defendants to take every possible precaution.

Statute of Limitations If you are thinking about filing an El Paso personal injury claim, you should be aware that there is a certain time period where your claim can be filed. El Paso personal injury law ruled that lawsuits must be filed within two years from the day the cause of action occurred. If you failed to file your personal injury compensation claim within the time period set by the statute of limitations, you may lose your right to be compensated for your injuries.

By having an El Paso personal Injury lawyer assist you with making your personal injury claim, you can discover under which tort your claim can be made. An El Paso personal injury lawyer will also ensure that your claim will be filed within the statute of limitations, ensuring you don’t miss out on the chance of being awarded the compensation you deserve.

An El Paso personal injury lawyer is an invaluable source of guidance throughout the claim process and will only be of benefit to your claim.