To pursue compensation in a personal injury case, the victim must demonstrate how their injuries were caused by someone else’s negligent actions. They must collect and present evidence showing how the other party failed to meet the standard of care that other reasonable individuals would have practiced in a comparable situation. It’s vital that you understand negligence in a personal injury case and how your Dallas personal injury attorney will establish the four required elements.
Texas Personal Injury Law Requires Demonstrating Negligence
Unlike criminal trials, personal injury cases settle civil disputes when one person harms another. Plaintiffs can seek monetary compensation under Texas tort laws, which are used to conclude whether an individual is legally responsible for damages they caused. A tort is a negligent act, as opposed to a criminal act, leading to harm.
The plaintiff demands financial relief from the defendant, often referred to as compensatory damages. These are meant to compensate the injured party monetarily and restore them as close as possible to their pre-accident state.
To do so, your personal injury lawyer must present a preponderance of the evidence showing how the other party was negligent.
Examples of negligence may include:
- A car accident resulting from a driver’s distraction while texting and operating a vehicle
- A wet floor with no warning signs in a grocery store that causes a shopper to fall and sustain injuries
- Improperly loaded cargo on a semi-truck
- Carelessly operated machinery on the job, resulting in a wrongful death
The damages an individual suffers may be both civil and criminal. The personal injury attorneys at Wolf Law, PLLC focus on civil cases resulting from negligence.
How Do You Prove Negligence in a Personal Injury Case in Texas?
The injured party must demonstrate that the at-fault party is liable for their injuries to recover compensation by showing evidence supporting the following elements:
A Duty of Care Was Owed
Each individual or entity has a legal responsibility to refrain from actions that may lead to harming someone. Car drivers are responsible for operating a motor vehicle in a manner that keeps other commuters safe from harm. Businesses owe customers, employees, and contractors a duty of care by providing a safe shopping and working environment. Government agencies owe citizens a duty of care by responsibly providing safe roadways, secure facilities, and other services.
A Duty of Care Was Breached
A breach in duty of care demonstrates that an individual or organization’s actions failed to meet a standard of care that others in the same situation likely would have met. For example, suppose the security gate to an apartment complex has been malfunctioning for some time, and management has been notified.
If a resident is assaulted and robbed in the apartment complex parking lot on an evening when the gate fails to close, they may be eligible to file a claim against the property manager and / or owner. A Dallas personal injury attorney will strive to prove that complex management breached their duty of care to the resident by failing to repair the malfunctioning gate and failing to meet the standard of care anticipated in a similar situation.
The Breach Caused Injury
The injured party must prove that a defendant’s breach in the duty of care caused their injuries. Proving causation is complex and requires a personal injury lawyer in Dallas to take legal action expeditiously to secure any evidence.
Causation may also result from an individual’s inaction. In the example above, a property manager failing to repair a broken security gate may have caused harm to the tenant. Testimony of other tenants may be necessary to establish the broken gate had been reported to management. Security camera footage may show the harm to the tenant was caused by someone illegally accessing the parking lot through the malfunctioning gate.
Damages Resulted From The Negligent Action
The losses an individual experiences as a result of the breach in the duty of care are known as damages. Compensatory damages consist of the economic losses an individual suffers, such as:
- Medical expenses
- Lost wages
- Personal property damage
Noneconomic damages that may result from negligence in a personal injury case in Texas are those injuries that are not quantifiable by a definitive dollar amount. Noneconomic damages may include:
- Pain and suffering
- Loss of enjoyment of life
- Loss of companionship
It’s vital to recognize that multiple parties can share fault under Texas negligence laws. This includes the plaintiff, meaning the defendant could try to insist you contributed to your injuries. The compensation you receive will be reduced by the proportion of responsibility your actions play in an incident. Having a Dallas personal injury attorney who will fight to ensure that negligence is proportionately assigned protects your right to compensation.
Exemplary Damages
When an act of negligence possesses specific characteristics, your attorney may ask the court to consider awarding exemplary damages (Sec. 41.003). These are rare, and if your case is successful, they are paid in addition to compensatory damages. Exemplary damages serve as a penalty or punishment to the at-fault party and a means of deterring others from committing similar negligent acts.
These punitive damages are awarded by a jury when clear and convincing evidence exists that harm resulted from one of the following:
- Fraud
- Malice
- Gross negligence
A jury’s decision must be unanimous in awarding punitive damages in a personal injury case in Texas.
Is It Necessary to Work with A Personal Injury Attorney In Dallas To Prove Negligence?
It’s possible to manage your case on your own, but your results may be less than satisfactory. Without the assistance of a personal injury attorney in Texas to prove negligence resulted in the damages an individual suffers, an insurance company may be less likely to agree to a fair settlement for many of the damages a victim experiences.
When a personal injury case goes to trial, a jury will require that solid evidence be presented on the injured party’s behalf that negligence caused damage. The other party will usually try to reduce what they must pay by pushing some of the fault onto your shoulders, known as proportionate responsibility. How does proportionate responsibility apply in a personal injury case?
Suppose you’re picking up last-minute ingredients for dinner at the local grocery store and reading an incoming text when you suddenly slip and fall in the store on liquid spilled from a broken jar. The store management may have failed to secure the aisle until clean-up occurred, but their insurer may argue the fall could have been avoided had you not been reading texts while shopping. Having a personal injury lawyer in Dallas advocate for your rights may play a critical role in your compensation outcome.
Do You Have Questions About Negligence In A Personal Injury Case?
Wolf Law, PLLC can help determine if negligence contributed to your damages in a personal injury lawsuit in Dallas or Grand Prairie. We offer sound guidance and relentlessly work to seek the compensation you deserve when negligence results in personal harm.
Our Texas personal injury attorneys possess a comprehensive knowledge of state and federal laws to help you seek maximum compensation. Our legal team serves Texas through fierce advocacy and personal detail to each personal injury client we represent. Schedule a free consultation today.