People have a duty to adhere to a specific standard of conduct in order not to injure or harm other people. When they fail to do so, and someone is injured as a result, this is called negligence.
Negligence refers to any time someone fails to exercise the proper care that would minimize risks to another individual. For example, if a store leaves a wet floor after mopping and fails to put up warning signs, and then a customer slips and falls on the floor and is injured, that would be an example of negligence. Another example is if one runs a red light causing a car accident that would also be considered negligence and may even rise to the level of gross negligence.
When you or a loved one is injured because of the negligence of another person or entity, you have the right to file a claim and be compensated for your injuries and pain and suffering.
How do you prove negligence?
Before proving your negligence case, you should understand that laws regarding negligence can vary by state. One important thing to check is whether your state follows contributory or comparative negligence laws. Listed below is the difference between the two laws:
- Contributory negligence. There are only four states that follow Pure Contributory Negligence Rules. This law holds that if the injured party contributed to the accident in any way, then they are not entitled to collect a claim or the full amount. This is only followed in the District of Columbia, Maryland, North Carolina, Virginia, and Alabama.
- Modified comparative negligence. Texas uses the 51% Bar Rule, which means that the injured parties cannot recover a claim if they are found to be 51% or more at fault for the accident. If they are found to be less at fault, they may recover a reduced amount.
Because every accident and personal injury claim is different, it’s recommended that you contact a Texas personal injury attorney if you’re filing a claim. It also helps to understand some of the steps involved in a typical personal injury claim. The five elements that you will have to prove to recover your personal injury claim include the following:
- Duty. This states that the defendant had a duty to act or not act in a particular way. For example, automobile drivers have a duty to pay attention to the road when driving.
- Breach of duty. You must be able to prove that the defendant acted or failed to act in a way that was appropriate to the situation.
- Cause in fact. You must prove that your injury was in fact caused by the defendant’s breach of duty.
- Proximate cause. This term refers to the action or lack of action by the defendant that was the legal cause of the accident.
- Damages. You must be able to prove that you suffered actual damages or injuries in order to be compensated.
Contact a personal injury attorney in Texas
Nobody deserves to be harmed or injured because of the negligence of another person or entity. That’s why at DeHoyos Law, we take pride in providing our clients with compassionate and professional legal representation so that they recover the claim amount they deserve. Give us a call at (832) 745-4878 or contact us online for a free consultation with one of our knowledgeable personal injury law attorneys.