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How do you win a personal injury case in Texas?

A plaintiff’s goal in filing a wrongful death lawsuit or a personal injury claim is to provide the survivor, or the family members of a deceased loved one, compensation to ensure they are not forced into carrying the economic penalties of a defendant’s negligence.

This would include damages for lost income, medical costs, funeral and burial expenses, and non-economic damages such as loss of enjoyment of life, pain, and suffering, and emotional anguish. Exemplary damages, also referred to as punitive damages, may be possible depending on the circumstances of the case.

To win a personal injury case, the legal standard in Texas is “by a preponderance of the evidence.” The negligence case must then show five elements that existed in the case.

The five elements of negligence in Texas can be laid out in the following manner:

  • Duty must exist – the defendant owed the plaintiff(s) a duty to do something or to not do something.
  • Dereliction of duty – the defendant did not do something, or was ineffective in not doing something.
  • Cause in fact – that the injury or injuries sustained by a plaintiff or plaintiffs would not have happened but for the negligence of the defendant.
  • Direct or proximate cause – would a reasonable person think it is obvious that a particular action engaged in by the defendant could hurt someone.
  • Damages – there must be an actual hardship experienced that can be compensated.

This area of the law can be confusing, and each case is different. This is why if you were involved in an accident, it is best to discuss the case with an experienced personal injury or wrongful death attorney. The circumstances of a case can make an enormous difference in the outcome.

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