Were you hurt in a Texas accident? Are you wondering how to prove your claim and win financial compensation? These are common questions with important answers. You must prove that the other party was negligent and caused your injuries. You must then prove the extent of your injuries. How all of this is proven and your damages calculated can be complex, but having a personal injury attorney at your side can make all the difference.
At Griffin Law Group, LLC, our dedicated Texas personal injury lawyer knows how to prove negligence in these claims. Schedule a meeting to learn more about how he can help in your unique case.
How is Negligence Defined Under Texas Law?
Negligence happens when a person does not exercise reasonable care under the circumstances. When this results in injuries to another person, a personal injury lawsuit may be appropriate.
Texas courts require you to prove four elements to establish a negligence claim:
- That the other party had a duty of care towards you
- That they breached that duty of care
- That the breach caused your injuries
- That you suffered damages as a result of the other party’s negligence
All four elements must be proven for a successful personal injury claim.
How To Establish the Duty of Care Element
You first need to show that the other person owed you a duty of care. Common duties include:
- Drivers must operate vehicles safely.
- People must obey traffic laws.
- Property owners must maintain safe premises for visitors.
- Employers must provide safe working conditions.
- Manufacturers must design and sell products free from unreasonable hazards.
In Texas, the existence of a duty depends on the relationship between the parties and the circumstances of the accident.
Proving Breach of Duty
After establishing the first element, you have to show that the other party breached their duty. Common breaches in personal injury claims include:
- Distracted driving
- Speeding or reckless driving
- Intoxicated drivers
- Failing to clean up spills in a store
- Ignoring safety regulations for employees
Evidence of breach may include witness testimony, surveillance footage, accident reports, or expert analysis.
How to Prove Causation
Causation has two components in Texas law:
- Cause in fact: The injury would not have occurred “but for” the defendant’s actions.
- Proximate cause: The harm was a foreseeable result of the defendant’s conduct.
These legal concepts can be tricky to understand, but you don’t have to on your own. Your attorney understands the distinction well and how it could impact your claim.
Proving Damages
Finally, plaintiffs must demonstrate actual damages. These may include:
- Medical expenses
- Rehabilitation costs
- Lost wages
- Diminished earning capacity
- Property damages
- Pain and suffering
- Loss of enjoyment of life
- Punitive damages
What Evidence Do I Need to Prove Negligence in Texas?
Common evidence you could use to prove your case includes:
- Police or accident reports
- Medical records linking injuries to the accident
- Eyewitness testimony
- Expert testimony from accident reconstructionists
- Medical professionals testifying about your injuries
- Photos and videos of the accident scene
- Employment records showing lost income
This evidence helps establish each element of negligence in court or during settlement negotiations.
Is There a Time Limit for Texas Negligence Claims?
Texas requires that most cases be filed within two years of the date the accident happened. This time deadline is called a statute of limitations. If you miss that deadline, your case is likely to be dismissed, regardless of whether you should be successful.
It is always best to speak with a personal injury lawyer right away after your accident. The more time that passes, the more evidence is lost.
Prove Negligence in Your Texas Personal Injury Claim
Whether you were hurt in a serious car accident, at work, or somewhere else, you could be entitled to file a personal injury claim. Our knowledgeable Houston personal injury attorney wants to speak with you and learn how he can help win the compensation you deserve.
Consult a Texas personal injury lawyer at Griffin Law Group, LLC for help. Contact us today for a consultation of your case.