We almost all experience some sort of injury or pain as we move and grow through life. Perhaps it was a bad fall or an incident in a sports game. Most of the time, we can move past the cause and focus on getting better. But, sometimes, it is difficult because someone else may have caused the situation in which we find ourselves.
This is why the civil court system in Texas and many other states offers the option for a lawsuit regarding personal injury or wrongful death. If an injured person or the survivors of the victim of a fatal accident feel that someone may have been to blame, they deserve the chance to claim financial damages to help with recovery.
Sometimes, the cause may not be as apparent as it seems. A wrongful death case in front of the Texas Supreme Court is dealing with the important legal concept of intentional injury. The defendant is a trucking company that allegedly coerced a driver to work hours beyond safety limits, which the plaintiff claims led to his death.
The question at the heart of the matter is whether the company’s actions caused the death through either malice or a near certainty that the driver’s need to work on the night of his death made the accident almost inevitable. A lower court dismissed this claim, but the Supreme Court in Austin reopened the case to reinvestigate the point of law.
When people have to ask complicated legal questions like this, an attorney may be their best ally. Legal representation can help deal with these issues when people are confused and don’t know where to turn.