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Proving Negligence in a Texas Personal Injury Lawsuit

 Posted on January 19, 2024 in Personal Injury

Tarrant County personal injury lawyerProving someone else holds legal responsibility for the injuries you sustained during an accident or crash is more challenging than one would hope. The entire burden of proof is placed on the plaintiff to provide enough evidence to the court that could see them reimbursed for damages. Personal injury cases are civil in nature and fall under tort law. To further help you understand what is required in a personal injury lawsuit or claim, consulting an attorney experienced in such cases is a good idea.

What is Negligence?

When a person or business fails to provide adequate, reasonable care in preventing harm or injury to another person, it is considered negligence. Negligence is used in personal injury cases to hold individuals and businesses legally accountable for any damages they may cause or have caused. The individual or business, in this case, would have owed the injured party a duty of care that they breached, which caused the injuries sustained.

In Texas, a plaintiff must be found to be at least 50 percent responsible or lower to receive compensation. This is because Texas is a modified comparative fault state where the degree of fault directly correlates with the damages owed.

How Negligence is Proven

The plaintiff must prove that the defendant was negligent in their actions or omissions, which led to the injuries received during the accident or crash. The elements required to prove negligence include the following.

  • Duty- A duty of care is a person’s (defendant) legal responsibility or obligation to another individual (plaintiff) to avoid actions or behaviors that may place the individual (plaintiff) at risk or harm.
  • Breach of Duty - When a duty of care is breached, the defendant fails to meet the expectations for a given situation that could result in a risk of harm to the plaintiff.
  • The Cause - Causation occurs when the defendant’s negligence was the reason for a plaintiff receiving injuries that they would not have sustained otherwise.
  • Damages - When the injuries the plaintiff received due to the defendant’s negligence resulted in special, general, and punitive damages.

Contact a Tarrant County, TX Personal Injury Attorney

Winning a personal injury claim is easier said than done, and you should refrain from attempting to do it alone. For the best chance at receiving the biggest payout, an experienced Fort Worth, TX personal injury lawyer can help. Contact the J.A. Griffin Law Firm, P.C. for a free consultation at 817-926-6153 to discuss your case.

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