The Baez Law Firm | San Antonio Lawyers and Attorneys

The Baez Law Firm | San Antonio Lawyers and Attorneys
San Antonio Lawyers and Attorneys

Sunday, January 10, 2010

Why do you need damages?

Many people comes to our firm and ask, can we sue the negligent party for what they wrongfully done to us. In many cases, the answer is yes but upon further analysis of the cases, it becomes clear that the damages are missing. In order to recover under the theory of negligence, the law is clear, the fact that you have to have damages is as important as the fact that some one was negligent.

When there are no damages, unfortunately for many individuals, that means that there is no case at all. We have found this result with many medical malpractice cases and premises liability cases. Not so much so on the area of auto accidents. The reason is clear, if there is a car collision, there are some damages, both to the property and the person.

As an attorney, one has to look at the case, specially for negligence cases as one that can potentially reward the risk that the lawyers takes on taking the case. Since these cases are often taken on a contingency basis, the lawyers needs to insure that all elements are present before taking the case.

In a nut shell, for negligence to be actionable, there has to be 1) duty, 2) a breach therefrom, 3) actual cause, 4) proximate cause, and 5) damages. Miss one element, you miss the case. Although many cases the damages be nominal, generally, the greater the damage, the greater the recovery.

So, next time you hear the hype from highly commercialized lawyers, don't think that they are better at recovery, they just take the cases with the greatest rate of return form them and make it appears as though every case is going to win big.

If you have suffered or been injured by some one, give us a call (210) 979-9777 we will evaluate your case free and we will treat you with respect and dignity because, we care about your legal needs.

No comments:

Blog Archive

About Me

My photo
San Antonio, Texas, United States
Find Personal Injury Trial Lawyers that will treat you with dignity and respect. The Baez Law Firm, P.C. is dedicated to help those less fortunate. Our San Antonio Lawyers also handle family law, criminal defense, business law, immigration, social security disability, patent law, trade marks and much more. We are professionals that care about your legal needs. Our motto is simple: “Minimizing Legal Worries!”℠ Visit us at http://www.thebaezlawfirm.com or call us (210) 979-9777. Have a blessed day!

Welcome to The Báez Law Firm, P.C.

1100 NW Loop 410, Suite 500
San Antonio, Texas 78213
Tel. (210) 979-9777
Fax. (210) 979-9774
http://www.thebaezlawfirm.com/

VIDEO: http://www.thebaezlawfirm.com/files/baez_timeline.wmv

Word of God