
What Does Negligence Mean in a Texas Personal Injury Claim?
In Texas personal injury cases, negligence refers to a failure to act with the level of care that a reasonable person would exercise in similar circumstances.
When someone or a business does not meet this standard, they may be considered negligent.
For instance, a driver who consumes alcohol, operates a vehicle, and causes a crash acts below the standard of care expected from other drivers. A driver texting while driving or adjusting their radio, leading to an accident, is another example of failing to uphold this standard.
Negligence isn’t limited to individuals. A property owner who fails to provide adequate security measures, such as functional locks or proper lighting in high-risk areas, may also be negligent if criminal activity harms someone on their premises. Additionally, a bar or restaurant that overserves a customer who later causes harm may also be held negligent under Texas law.
Understanding negligence in Texas personal injury cases helps you identify all accountable parties and seek compensation for your damages.
The Elements of Negligence You Must Prove to Win
Filing an insurance claim or injury lawsuit in Texas against someone who harms you requires that you prove their actions as negligent.
You will need to prove the four elements of negligence. Without establishing the elements of negligence, you will not have a claim. Documenting negligence is complex. You cannot hold an individual or company liable for your damages without proof.
1. The Person Owed You a Duty of Care
Daily interactions with others require individuals to act reasonably to minimize the risk of injury.
You will need demonstrate that the person who harmed you did not take the necessary precautions others would to prevent harm.
2. The Other Party Breached Their Duty
Failing to observe the reasonable person standard and causing injury to someone means a breach in the duty of care occurs.
Proving a breach of duty requires a personal injury attorney to demonstrate the negligent party’s awareness of a particular hazard and failure to address the danger.
Imagine entering a grocery store and slipping on water from a leaking display. The display has been broken for days and leaking during that time. The manager is aware of the issue but takes no action to prevent an injury. You slip and fall due to the manager’s breach of duty to care for customers shopping in the store.
However, a store’s action in erecting wet signs and store caution signs may still be insufficient. Warning signs may fall short when lighting is inadequate, or the signs are blocked from view. These complex scenarios require investigative action to help you recover compensation.
3. The Breach of Duty Caused Your Injury
Creating a link between the duty of care owed to you and your injuries is critical in a personal injury case. Proving that your injuries would not exist had someone not acted or failed to act in a particular manner is necessary. Failing to link the two initial elements together makes it possible for the insurance company to cast doubt on an action, its negligence, and its cause for your injuries.
Getting medical care as soon as possible is vital to developing the timeline of an injury and its cause. Otherwise, an insurance company or opposing party may claim your injuries resulted from pre-existing conditions or other incidents. Medical documentation is essential to proving negligence and may prevent further injuries.
4. Your Damages Are Due to Negligence
Once you can demonstrate how the other party failed in their duty to you through negligent means, you have the right to seek damages that pay for all you have suffered. Your attorney can help you collect documentation showing how your injuries can result in more harm and future medical debt.
The Wolf Law PLLC team will work one-on-one with you to understand the impact of the injury on your life and prepare a comprehensive evaluation documenting how negligence resulted in your damages.
What Type of Negligence Laws Does Texas Follow?
Texas follows the law of comparative negligence, which allows for assigning proportionate responsibility to multiple parties in a single case. Consider the wet floor in the grocery store again. Imagine you were reading your grocery list from your cellphone, so you failed to see the wet floor.
The court may determine the store’s percentage of fault is greater than your own, but it may also find you proportionally responsible for your injuries. If your fault is over 50%, you cannot bring a case for damages.
Your percentage of fault in an incident will reduce financial recovery in a settlement or successful verdict. It is beneficial for the insurance company to prove your percentage of negligence is greater to diminish your damages.
With aggressive representation and sound evidence, we strive to reduce the amount of fault the court assigns to you to secure a fair outcome for you.
How a Personal Injury Lawyer in Dallas Will Work to Establish Negligence and Recover Damages
Working with our experienced Dallas personal injury lawyers allows you time to heal while we aggressively work to protect you by applying Texas negligence laws and the impact of negligence on your life.
Our prior insurance defense experience provides unique insight into developing sound documentation in personal injury cases. Below, we look at the significance of negligence and how to know if you have a personal injury case.
The personal injury lawyers at Wolf Law, PLLC are not intimidated by complex cases and thrive on applying Texas negligence laws to maximize personal injury case results. We do the heavy lifting for you, playing a pivotal role through the following actions:
- Assessing whether you have a personal injury claim due to negligence
- Preserving and gathering evidence, particularly time-sensitive information that supports your case
- Working within legal timelines to ensure your right to pursue civil action for negligence
- Negotiating a settlement for damages with the insurance company to protect your claim’s value
- Representing you in court when negotiations fail to produce the compensation to cover your damages sufficiently
Our team recognizes the stress the legal process can put on you. Our goal is to recover the compensation you deserve when negligence leads to injury. Contact the personal injury attorneys at Wolf Law, PLLC, to discuss personal injury and negligence. Our experience in demonstrating liability due to negligence can help you seek the compensation you deserve.