The Elements of a Negligence-Based Personal Injury Case

| May 20, 2020 | Firm News

After an accident that causes a personal injury, a victim may be tired, confused, and worried about the future. Whether their accident involved a car crash, a slip-and-fall, or any other form of harm, they may have concerns about how they will pay their bills and make ends meet while they recover. For some Texans who experience this unfortunate but common situation, litigation based on negligence may be an option.

Negligence is a legal concept that is centered around the idea that individuals owe a duty of care to others that the encounter. For example, when driving a person has a duty of care to act reasonably so that they may avoid crashes, violations of the law, and other wrongful acts. When a person does not meet that duty of care, they may commit negligence and cause others to suffer harm.

A personal injury claim based on negligence must satisfy several different elements. An element is a requirement that a person must prove in order to be successful when presenting their case. One of the first elements that a victim of a personal injury accident generally must prove is that the individual who caused their harm owed them a duty of care.

If a person can show that a duty of care was owed, then they also must show that the duty was breached by the actions or omissions of the responsible party. Demonstrating a breach of duty is not enough, though, and a victim may have to move on to prove that the other party caused the harm that the suffered.

Causation is a complicated legal concept. In most cases a victim will have to demonstrate that but for the other party’s actions, the accident or incident that led to the victim’s losses would not have happened. However, in Texas and other jurisdictions throughout the country, if a victim was at all responsible for the incident that injured them, their possible recovery of damages may be reduced. In Texas, a victim’s recovered damages may be reduced by the amount of responsibly that they had for the incident, as long as their responsibility was less than that of the other party.

Finally, if a victim can prove duty, breach of duty, and causation, they must finally show just what they lost, or how they were damaged, by their involvement in the incident. Victims can seek to recover losses related to their medical care and lost wages, but other damages may also be available for particular cases.

A personal injury case based on negligence takes planning, time, and preparation. With the help of a trusted personal injury attorney, a victim may be able to build a strong case supported by evidence to pursue their losses and damages.