Negligence is one of the most common causes of accidents in Texas. Negligence causing accidents has many forms, ranging from auto accidents to medical, premises and product liability negligence, professional negligence and other issues.
The nature of Texas negligence law can be seen at Findlaw and other sources, but whatever the source, the victims who have suffered due to someone else’s negligence have the right to seek legal action against the negligent party.
However, there is a legal procedure that needs to be followed in personal injury cases. In this blog, we explore the elements of a negligence cause of action in Texas. The cause of action refers to the legal claim that allows an individual or entity to seek judicial relief.
What is Considered Negligence?
Generally, victims of personal injuries know who caused their suffering; however, they have to prove who caused their injuries in a court of law.
For example, they have to prove that the negligence of the opposing party caused them harm. Negligence is defined as failing to react in the way a reasonable person would in similar circumstances. It is worth noting that the term negligence is broad and is often used in any circumstance where an accident can happen.
Elements of a Negligence Case in Texas
Duty of Care
The foundation of a personal injury case in Texas is proving the defendant owed a duty of care to you. Duty of care refers to the legal responsibility of an individual or an entity to act with a reasonable level of care and consideration to prevent harm to others. For example, a motorist has a duty of care to other road users and a surgeon has a duty of care to their patient.
Breach of Duty
For a successful personal injury case, you need to prove the defendant breached their duty of care to you.
For example, if you were injured in an auto accident, you need to prove that the defendant’s negligence caused you harm. It is important to note that to prove a breach of duty, you have to establish that the opposing party deviated from the standard of care expected in that situation. You can’t hold them responsible for any negligence they could not possibly foresee. The most commonly used evidence to prove a breach of duty includes police reports, medical records, witness testimony, and surveillance footage
Causation
A key element to any personal injury case is to show that the breach of duty directly caused the injury. The causation element of a negligence cause of action can be established by questioning if the injuries would have occurred if the defendant had not breached their duty of care. This helps establish a direct causation between the negligent behavior and the injury.
For example, if someone is acting negligently, such as texting while driving, if their negligence did not directly cause your injuries, you cannot hold the texting driver responsible.
Another crucial aspect of the caution element is determining whether the defendant could reasonably have prevented or foreseen that their actions would cause injuries. If the injury was caused by random or unexpected acts of nature, then the defendant can not be held liable for the injury.
Damages
The final element of a negligence cause of action is damages. This element requires you to show the damages you suffered as a result of the negligence. Personal injuries can result in economic and non-economic damages. If you want maximum compensation for your suffering, you should include all your expenses that resulted from the injuries, including the long-term impact of your injuries.
The most common damages in personal injury cases include medical expenses, lost wages, pain and suffering, loss of earning capacity, and loss of enjoyment of life. You can work with a personal injury attorney to calculate all the damages you can seek based on the details of your case.
Consult with an Attorney
If you or a loved one got hurt due to another party’s negligence, you will have to file an injury claim and prove their negligence.
Fortunately, personal injury attorneys specialize in such cases and can help you get justice. The defendants will likely argue that your injuries were not their fault, so you will need solid proof to support your case. An attorney can investigate the case and help you gather evidence.
Personal injury cases have a statute of limitations, so you need to ensure you protect your rights to compensation for your damages in a timely manner.
The statute of limitations for personal injury cases in Texas is set at two years from the incident that caused your injuries. You should have a personal injury attorney involved in your case as early in the case as possible. This will help you avoid costly mistakes that can undermine your case.
Source: Sutliffe & Stout, TX.
