The first thing that is critically important is proving that there was negligence and that the negligence resulted in an accident. An attorney works to show that the defendant acted without reasonable care and because they did, the plaintiff was injured. This addresses the four elements that need to be proven to win a case. Those elements are:
- The defendant owed the plaintiff a legal duty of care.
- The defendant contravened that legal duty.
- The plaintiff was injured.
- The plaintiff was injured because the defendant breached their legal duty.
In Texas, a lawyer can prove the defendant had a legal duty toward the plaintiff in two ways, special duty and duty of care. Your attorney may discuss that with you when you go over the details of your case. The circumstances of the case and the personal relationship, if any, the plaintiff had with the defendant lays the foundation for a case.
Proving a duty was contravened means showing the defendants did not meet that legal duty and showing how they failed to do so. Proving the plaintiff’s injuries means showing emotional and/or bodily harm. Emotional harm is difficult to prove, but skilled attorneys know full well the emotional toll of an accident on a plaintiff.
Once a plaintiff proves that there was a duty, the plaintiff must then prove how the defendant violated that duty. That is typically shown by proving: (1) that the defendant took an action that an ordinarily prudent person would not have done; or (2) the defendant failed to take an affirmative action that an ordinarily prudent person would have taken.
Once the plaintiff shows that the defendant violated the duty, the plaintiff must show that the violation of that duty caused harm or injury to the plaintiff.
Other Personal Injury FAQs:
- Are catastrophic injury cases different than personal injury lawsuits?
- Can I handle my personal injury claim without a lawyer?
- Can I still file a personal injury claim even if I was partially at fault?
- Can I wait to contact a personal injury lawyer?
- How do I know if I have a personal injury claim?
- How do you win a personal injury case in Texas?
- How does a victim of a catastrophic injury deal with insurance companies?
- How long does it take to get my case settled?
- How long does it take to get results in a catastrophic injury cases?
- I don’t have a lot of money after my accident how am I going to afford an attorney?
- I don’t have a lot of money and work at a low paying job. How can I possibly afford to hire a personal injury lawyer?
- I was in a bad car accident and sustained serious injuries. Can an attorney help me get compensation for my medical bills?
- If I file a personal injury claim, am I entitled to compensation for my injuries?
- Should I accept the settlement offer from the insurance company after my accident?
- What am I supposed to do after being involved in an accident and I am badly injured?
- What are catastrophic injuries?
- What are special and general damages?
- What do comparative fault and the doctrine of proportionate responsibility mean?
- What do I do if the insurance company representative contacts me?
- What has to be proven in a personal injury case?
- What is a personal injury lawyer and how do I know if I need to hire one?
- What is a personal injury lawyer and why would I need one?
- What is a serious personal injury?
- What is the statute of limitations for filing a personal injury case in Texas?
- What kind of compensation am I eligible to receive by filing a personal injury claim?
- What kinds of accidents cause catastrophic injuries?
- What kinds of damages am I eligible for after an accident?
- What kinds of expenses could I claim after being injured in an accident?
- What types of personal injury claims are seen in Texas?
- When are injuries sustained in a car accident considered to be catastrophic?
- Why do I need a personal injury lawyer if the insurance company of the person who caused the accident I was in has offered me a settlement?