Establishing Negligence in a Personal Injury Claim In Texas

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.

1. Duty is the legal obligation to act in a certain way, such as following traffic laws while driving.
2. Breach of duty occurs when someone fails to fulfill their legal obligation, such as running a red light while driving.
3. 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.
4. Damages refer to the actual harm or losses suffered by the injured plaintiff, including physical injuries, emotional distress, and lost wages.

These elements must all add up to show:

• The at-fault party did not act with reasonable care;
• This lack of care directly caused harm or injury to the plaintiff;
• The plaintiff suffered damages as a result.

During a free consultation with one of our Texas personal injury lawyers, they will listen to your story to understand how the elements of negligence apply to your case. This will become the foundation for your personal injury claim, which you will use to negotiate a fair settlement or present a strong case in court.

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

In these situations, the at-fault party has breached a duty of care.

For example, all drivers must follow traffic laws and operate their vehicles safely. They are considered negligent when they fail to do so.

Property owners and businesses must maintain a safe environment for visitors. When they fail to do so by not addressing hazards such as wet floors or broken stairs, you can hold them liable for any injuries sustained.

Medical professionals must provide competent and appropriate care to their patients. You can hold them responsible if they fail to do so and cause harm or injury.

Manufacturers must ensure their products are safe for consumers. If a defective product causes harm or injury, the manufacturer may be held accountable under product liability laws.

The wide range of personal injury claims means that establishing negligence is complex and can require extensive evidence. This is where an experienced Texas personal injury law firm can help you.

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.

Proving causation is challenging, especially when multiple factors contribute to an accident or injury.

For example, in a car accident, the at-fault driver may argue that a plaintiff’s pre-existing medical condition caused their injuries, not the accident itself.

Or, the at-fault driver may try to argue that their actions were not the proximate cause of the accident.

Having an experienced personal injury law firm fight these arguments and prove the elements of your injury case can significantly improve the outcome of your claim.

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

Texas has no limit on these damages in personal injuries cases unless it involves medical malpractice.

To understand how much your case could be worth based on the negligence of the at-fault party, it’s essential to understand what losses are and are not:

• 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.

The complicated nature of calculating losses highlights why having an experienced lawyer is invaluable to receiving maximum compensation.

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

By thoroughly investigating the accident, a lawyer can strengthen your case and establish negligence on the part of the at-fault party.

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

Having an experienced lawyer handle these negotiations can significantly increase your chances of receiving fair compensation for your losses.

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

Having the guidance of an experienced attorney can increase the likelihood of a successful outcome for your case.

Prove Negligence and Recover Maximum Compensation With Bailey & Galyen Personal Injury Lawyers

After an accident, you deserve the best legal representation in your corner to help prove negligence in a personal injury case. You can’t afford to face insurance adjusters or a jury on your own.

At Bailey & Galyen, our Texas personal injury lawyers will aggressively fight to secure maximum compensation for your injuries. Contact us today online for your free consultation, or call (817) 345-0580 and learn more about how we can help with your case.