How to petition for damages in a personal injury case

Our law firm has represented hundreds of cases for personal injury in Texas and the San Antonio area. Although each case is unique, the vast majority can be proven with the same efficiency, so long as some parameters are put in place.

This blog is intended to help those practitioners to have the tools needed to successfully litigate a personal injury case. Remember to always "humanize" your client.

As a direct and proximate result of the occurrence made the basis of this lawsuit, and Defendants' acts as described herein, Plaintiff was caused to suffer severe medical trauma damages more fully set forth below.

As a direct and proximate result of the occurrence made the basis of this lawsuit, Plaintiff, has incurred the following damages:

A. Reasonable medical care and expenses. These expenses were incurred by Plaintiffs, for the necessary care and treatment of the injuries resulting from the accident complained of herein and such charges are reasonable and were usual and customary charges for such services in Bexar County, Texas;

B. Reasonable and necessary medical care and expenses which will, in all reasonable probability, be incurred in the future;

C. Physical pain and suffering in the past;

D. Physical pain and suffering in the future; and

E. Mental anguish in the future;

F. Physical impairment which, in all reasonable probability, will be suffered in the future;

G. Cost of medical monitoring and prevention in the future.

By reason of the above, Plaintiff, has suffered losses and damages in a sum within the jurisdictional limits of the Court and for which this lawsuit is brought.

PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiff, respectfully prays that the Defendants be cited to appear and answer herein, and that upon a final hearing of the cause, judgment be entered for the Plaintiff against Defendants, jointly and severally, for damages in an amount within the jurisdictional limits of the Court; exemplary damages, as addressed to each Defendant per Section 41.006, Chapter 41, Texas Civil Practice and Remedies Code, , excluding interest, and as allowed by Sec. 41.008, Chapter 41, Texas Civil Practice and Remedies Code; together with pre-judgment interest (from the date of injury through the date of judgment) at the maximum rate allowed by law; post-judgment interest at the legal rate, costs of court; and such other and further relief to which the Plaintiff may be entitled at law or in equity.

We hope this has been helpful to practitioners. You can change, add or subtract on your petition as necessary, so that it fits your case when you are filing with court. Good luck, and happy litigating.

If you need a lawyer in san antonio for your personal injury case, give us a call (210) 979-9777 or visit our website: The Baez Law Firm, P.C.