Right to Personal Injury Compensation

Personal Injury Compensation Rights

The Law Office of Doug Goyen stands firmly for the right of people injured by negligence to personal injury compensation. This right is enshrined in our US Constitution, and in our Texas Constitution. Any attempt to deny recovery by those who cause injury to others, or by their insurance company, is a violation of that right. The Law Office of Doug Goyen proudly stands tall in pursuing the rights guaranteed to the people to be compensated for injuries done to them, and when denied to pursue justice. People are guaranteed a remedy when something has been taken away from them.

If you have been injured in a car accident, truck accident, DWI accident, struck on a bicycle, hit as a pedestrian, struck in your motorcycle, or injured by a dangerous condition on a premises, the Law Office of Doug Goyen provides powerful and relentless representation to obtain the compensation you deserve for your injury. Contact us today.

Call Us For A Free Case Review (972) 599 4100

PERSONAL INJURY COMPENSATION RIGHTS GUARANTEED

The right to file a lawsuit for injury is guaranteed by the Texas Constitution. Article 1, Section 13 of the Texas Bill of Rights states, “All courts shall be open, and every person for an injury done him, in his lands, goods, person or reputation, shall have remedy by due course of law.” Additionally, the 7th Amendment of the United States Constitution also guarantees the right to file a lawsuit. The 7th Amendment of the US Constitution states, “In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, then according to the rules of the common law.” How are suits at “common law” related to injury lawsuits? Common law lawsuits are interpreted by looking at what those lawsuits were in 1791 when the US Constitution was written. Common law lawsuits at that time included lawsuits for injury and damages caused to individuals by others. Both the US Constitution and Texas Constitution guarantee your right to make a claim for any injury caused to you, and both guarantee your right to file a lawsuit if needed to enforce any claim you may have.

There is a strong argument that the 1st Amendment of the US Constitution restricts the government from passing laws restricting your rights in injury lawsuits. The 1st Amendment to the US Constitution guarantees a right to petition the government for a redress of grievances. “Congress shall make no law respecting (the rights of people) . . . to petition the Government for a redress of grievances.” There have been very few cases interpreting this part of the 1st Amendment to the US Constitution, but there are several cases that say this right includes the right to court access and the right to file a lawsuit. This section of the 1st Amendment prohibits the government from restricting your right to file lawsuits as the government passing a law restricting your right to file a petition would be government action infringing on the right to sue for harm done to you. This is backed by the Supreme Court decision in Marbury v. Madison in 1803 where Chief Justice John Marshall declared that “a settled and invariable principle, that every right, when withheld, must have a remedy, and every injury its proper redress… he “who considers himself injured, has a right to resort to the laws of his country for a remedy.”

However, unlike criminal cases, there is no Constitutional right to a lawyer in a personal injury case. So if you file a lawsuit for an injury, or are sued, you must hire your own lawyer. One will not be appointed for you. If you have been injured you will need to hire your own lawyer to pursue your rights. The Law Office of Doug Goyen represents the injured party in cases where people have been injured or killed due to negligence or intentional acts. Contact our Dallas personal injury lawyer to discuss your case.

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