One-Satisfaction Rule and Personal Injury – Personal Injury Lawyers
What is the One-Satisfaction Rule and How Does it Apply to my Texas Personal Injury Case?
If you’ve been injured by someone else’s negligent or reckless conduct, you may have heard of the “one satisfaction rule” and are curious about how it might impact your case. Before diving into the intricacies of how the one-satisfaction rule applies to Texas’s personal injury laws, it’s important to note that the best way to ensure that the party that caused your injuries is held responsible is to retain an experienced personal injury attorney. Our attorneys have successfully represented personal injury victims like you for over 20 years and may be able to put their experience to work for you by preventing the defendant from unfairly using the one-satisfaction rule to their advantage.
Texas’s personal injury laws are designed to prevent personal injury victims from being compensated twice for the same injury. In effect, a personal injury victim who successfully proves his case is required to elect between the awards he’s been granted for the same injury so that he doesn’t recover more than once. It’s important to note that the one-satisfaction rule’s application doesn’t depend on what a particular person did to cause your injuries; rather, its application depends on the particular injury you’ve sustained. The policy behind enforcing the one-satisfaction rule is to prevent a personal injury victim from receiving compensation in excess of the value of his injuries.
It’s important to note that the one-satisfaction rule applies in two situations: where multiple defendants cause a victim’s injuries by committing the same acts, or where defendants commit separate acts that result in the same injury. For example, the one-recovery rule will probably restrict a patient from recovering compensation from each surgeon that caused him to lose the function of his arm in a medical malpractice lawsuit but will require that liability for your injury be split equally between each of the surgeons. Similarly, the one-recover rule probably applies to a case where a patent loses the function of their arm due to both the manufacturer’s negligent construction and the installer’s negligent installation of a product.
However, it’s important to note that personal injury victims are entitled to elect the higher valued remedy for their injury, and aren’t required to make that election until they know what remedies will be awarded. For example, if your injuries could be compensated by a personal injury theory that only covers only your medical bills or a personal injury theory that covers your medical bills and provides punitive damages against the defendant, you’re entitled to elect the theory that provides two types of recovery because it is more favorable. However, determining what theories apply to your case and convincing the defendant and the court that you deserve a heightened form of compensation is an extremely difficult task and requires the expert analysis of an experienced personal injury attorney. To ensure that you’re fully compensated for your injuries, you need an experienced personal injury attorney like ours on your side.
The One-Satisfaction Rule is Limited by the Collateral Source Rule
To further complicate matters, the one-satisfaction rule’s application is limited by the collateral source rule. Essentially, the collateral source rule prevents the party that caused your injuries from offsetting his liability by accounting for the insurance benefits you’ve received as a result of your injuries.
As you can see, determining if the one-satisfaction rule applies to your case can be difficult. If you’re a personal injury victim, it’s important that you retain an experienced personal injury attorney that will aggressively advocate on your behalf for the full value of the injuries you’ve suffered. Our attorneys are committed and are available any time, day or night, to provide a free consultation regarding your personal injuries case. More on this site @ https://www.attorneys-sa.com/