Establishing negligence in a personal injury claim in Texas is vital to securing maximum compensation for damages and losses. So, what does this mean for your case? And how can a Texas personal injury lawyer help you establish negligence? At Bailey & Galyen, our skilled and award-winning attorneys empower accident survivors with the information needed to confidently pursue personal injury claims. Learn how we do this by starting with the most critical step – understanding how negligence is established in a Texas personal injury claim.
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What Is Negligence Under Texas Law?
Under Texas law, negligence is the failure to exercise reasonable care that results in harm or injury to another person. This means that a person or entity has acted in a way that falls below the legal standard of care expected of them, and this action or inaction has caused harm to someone else.
In Texas, negligence is divided into four elements: duty, a breach of that duty, causation, and damages.
- Duty is the legal obligation to act in a certain way, such as following traffic laws while driving.
- Breach of duty occurs when someone fails to fulfill their legal obligation, such as running a red light while driving.
- Causation is the link between the defendant's breach of duty and the plaintiff's injuries or damages. Essentially, this means that your lawyer must prove that the defendant's actions directly caused you harm.
- Damages refer to the actual harm or losses suffered by the injured plaintiff, including physical injuries, emotional distress, and lost wages.
- The at-fault party did not act with reasonable care;
- This lack of care directly caused harm or injury to the plaintiff; and
- The plaintiff suffered damages as a result.
What Are Considered Negligent Acts?
Determining negligence isn't always straightforward. However, there are some common examples of negligent acts that can lead to personal injury claims in Texas:- Car accidents caused by distracted driving, drunk driving, or speeding
- Slip and fall accidents due to hazardous conditions on someone's property
- Medical malpractice, including misdiagnosis, surgical errors, and medication mistakes
- Product liability cases where a defective product causes harm to the consumer
How Do You Establish Causation in a Personal Injury Claim?
Establishing causation in a personal injury claim is crucial to proving negligence. A lawyer must be able to establish that the at-fault party's actions were the direct cause of their client’s injuries and damages. This is done in two ways:
- Actual, but for, cause: The injury or damages would not have occurred if not for the at-fault party's actions.
- Proximate cause: Showing the harm or injury was a foreseeable result of the at-fault party's actions.
What Are Damages in a Personal Injury Claim?
Damages are an essential aspect of a personal injury claim and refer to the losses suffered by the plaintiff due to the incident. These can include:- Medical bills, including current and future expenses related to treatment, rehabilitation, and medication
- Lost wages due to time off work for recovery or ongoing medical appointments
- Pain and suffering experienced due to physical injuries or emotional trauma
- Property damage if any belongings were damaged in the accident
- Losses are not only out-of-pocket expenses; they include intangible factors such as pain and suffering.
- Losses must be directly related to the accident or injury caused by the at-fault party.
- Losses can vary greatly depending on the circumstances of each case.
- If you have been compensated for certain losses through workers' compensation or insurance, you cannot also claim them in a personal injury case. However, the entity that paid your losses may seek reimbursement from the at-fault party.
- Losses can be recovered for injuries, property damages, emotional distress, and wrongful death.
- Some, but not all, family members are entitled to recover for loss of companionship.
What If I Am Partially at Fault for the Accident?
In Texas, proportionate responsibility applies in personal injury cases where both parties may share some degree of fault for the accident.
This means that if you are partially at fault for the accident, your percentage of fault will reduce any compensation you receive.
However, there are two important things to remember about this particular law.
The first is that you should never admit or make assumptions of fault. This should always be left to professionals to determine through evidence and investigations.
The second is that, by working with an injury lawyer in Texas, you can establish facts that minimize your percentage of fault, or even eliminate it completely, resulting in higher compensation for your losses.
The initial aftermath of an accident can overwhelm you, but if you can remember these two vital points, you will be in a much better position to protect your rights and receive the compensation you deserve.
How Can a Texas Personal Injury Lawyer Help Establish Negligence in My Case?
Investigating the Accident
Lawyers are trained to gather evidence and investigate an accident to determine who is at fault. This can involve:- Analyzing police reports, witness statements, medical records, and any other relevant information
- Working with experts such as accident reconstructionists, engineers, and medical professionals to support your claim
- Gathering physical evidence from the scene of the accident
Negotiating With Insurance Adjusters
Insurance companies often try to minimize their payouts. An experienced lawyer will know how to counter their tactics and fight for the maximum amount you deserve. Common insurance adjuster tactics a skilled negotiator should know how to counter include:- Offering a quick, low settlement to avoid further legal action
- Questioning the severity of your injuries or disputing their cause
- Trying to shift blame onto you for the accident
Taking Your Case to Court, If Necessary
Sometimes, insurance companies refuse to offer a fair settlement, leaving no choice but to take the case to court. The best personal injury attorneys will have experience handling all aspects of litigation and trial preparation, including:- Filing necessary paperwork within the statute of limitations
- Preparing evidence and arguments to present in court
- Representing you in trial and advocating for your rights
Negligence in a Texas Personal Injury Case FAQs
Will proving negligence guarantee me compensation for injuries?
Proving negligence will bolster your claim to receive compensation. However, many other factors can affect the outcome of a personal injury case, such as your contribution to causing the accident, if any, and the amount of insurance coverage available. It's important to have an experienced injury lawyer who can help navigate such complexities to ensure a full and fair settlement.I was in a hit-and-run accident. Can I still pursue a personal injury case?
You may still pursue a personal injury case even if the at-fault party did not stay at the accident scene. Your lawyer can work with law enforcement and insurance companies to gather evidence and seek compensation from all available sources.I was injured on someone else's property. Does this fall under negligence?
If your injuries were caused by a dangerous condition on someone else's property, and the owner knew or should have known about it, then yes, that could be considered negligence. This is known as premises liability. A lawyer can help assess the circumstances of your case and determine if you have a valid negligence claim.Am I eligible for punitive damages when negligence caused my accident injuries?
In Texas, punitive damages are only awarded in cases where the at-fault party's actions were intentional or grossly negligent. A free consultation with a Bailey & Galyen accident injury lawyer can help you understand if your case may qualify for punitive damages.What if I can't afford a lawyer?
Many personal injury lawyers, including those at Bailey & Galyen, offer free consultations and work on a contingency fee basis. This means that you do not have to pay any upfront costs, and your lawyer will only receive payment if they successfully recover compensation for you. This allows everyone access to high-quality legal representation, regardless of their financial situation.Prove Negligence and Recover Maximum Compensation With Bailey & Galyen Personal Injury Lawyers
