Personal Injury 101: What Is Negligence?

In Texas, personal injury lawsuits are often based on the legal theory of negligence. Negligence is a failure to exercise the degree of care that a reasonable person would exercise in the same or similar circumstances. In this blog post, we will explain what negligence is in the context of personal injury lawsuits in Texas.

Elements of Negligence

To prove negligence, the plaintiff must establish four elements: duty, breach of duty, causation, and damages. The defendant must have owed a duty of care to the plaintiff, breached that duty, and that breach must have caused the plaintiff's injuries. Finally, the plaintiff must have suffered damages, such as medical expenses, lost wages, and pain and suffering.

Standard of Care

The standard of care refers to the degree of care that a reasonable person would exercise in the same or similar circumstances. In personal injury lawsuits, the plaintiff must prove that the defendant failed to meet the standard of care, which resulted in the plaintiff's injuries.

Comparative Negligence

In Texas, the concept of comparative negligence applies to personal injury lawsuits. This means that if the plaintiff is found to be partially responsible for their injuries, their recovery may be reduced by the percentage of their fault. For example, if the plaintiff is found to be 20% at fault, their recovery may be reduced by 20%.

Importance of Legal Representation

Proving negligence can be a complex process, and it is important to have an experienced personal injury attorney on your side. An attorney can help you gather evidence to support your case, identify potential defendants, and negotiate with insurance companies. With the help of an attorney, you may be able to recover compensation for your medical expenses, lost wages, and pain and suffering.

The Bryant Law Firm has helped thousands of people in the Greater Houston Area and all across Texas prove negligence and get the compensation they deserve. Contact us for a free consultation about your case today.

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