Negligence is when another person or party fails to observe an expected standard of care towards you or other persons. When this failure results in an injury to your person, you can file a personal injury claim. A personal injury lawyer can help you file the claim and recover compensatory damages.
Before you actually recoup damages, you will need to prove the negligence of the at-fault party. Negligence may be easy in some Texas personal injury cases. In others, the issues of liability and negligence can become quite complicated.
Here is a look at the key negligence laws that apply to personal injury cases in Texas. This information will help you steer your claim in the right direction.
In order to establish the negligence of the other party, you will need to prove the following five elements of negligence:
Most states, including Texas, use some form of a comparative negligence rule. This rule allows the legal system to assign a specific percentage of fault to all the parties involved. You can then recover compensatory damages in proportion to your percentage of innocence.
The good thing about comparative negligence is that you can recover compensation even if you were partly at fault. For instance, suppose the court finds you 30% at fault and the other party 70% at fault. Your compensation will be reduced by 30% but you will still receive the remaining 70% of the damages.
Texas Civil Code Section 33.001 defines the proportionate responsibility rule. This is a specific form of comparative negligence. Under this rule, you will receive compensation only if your percentage of fault is 49% or less. If you are found 50% or more at fault, you will not be entitled to any compensation.
If you have been involved in a personal injury incident in Dallas, it is important to know your rights. A qualified attorney can help you explore your legal options and seek the maximum amount of damages for your losses.
Here at Chris Lewis & Associates P.C., we have extensive experience in handling personal injury claims. Our goal is to help you get compensation for any losses you have suffered due to the negligence of another party.
Call us now at 214-984-3113 to discuss your claim with our lawyers. You can also reach us by filling out the contact form below.