What is Considered Negligence?
In personal injury law, when a person fails to act within the level of care that a reasonable person would in a similar situation they are considered negligent. When a person acts negligently, resulting in the physical or emotional harm of another, they can be held liable.
When a lawsuit or claim is filed, to prove negligence, an attorney must establish:
Duty Of Care
An attorney must prove that the defendant owed a duty of care to the plaintiff
Breach Of Duty
A personal injury lawyer must prove that the defendant breached their duty of care through their negligent actions.
Causation
An attorney must prove that the breach of duty resulted in the client’s injuries.
Damages
A personal injury lawyer must show that their client suffered injuries, losses, or damages due to the negligent actions of the defendant.
If an attorney is able to prove these four elements, their client can recover compensation for all accident-related damages.
Common Types Of Texas Personal Injury Cases
A personal injury lawyer in Texas commonly handles the following types of cases:
- Auto accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Slip and fall accidents
- Product liability
- Birth injuries
- Wrongful death
- Workplace accidents
- Construction accidents
And more.
What is the Role of An Attorney in a Personal Injury Claim?
An attorney can help guide their client through every step of the insurance claim process.
They will:
- Investigate the accident
- Gather and analyze evidence
- Consult with experts
- File paperwork
- Handle communication with the insurance company
- Negotiate a fair settlement
- File a lawsuit if the insurance company refuses to make a reasonable offer
During the legal process, an attorney will provide the guidance, support, and advice an accident victim needs during one of the most difficult times in their life.
An attorney’s job is to prove liability. Additionally, by handling every aspect of their client’s claim, the injured party is able to focus on their recovery and move on with their life.
What Are the Time Limitations in a Personal Injury Case?
The deadline for filing a lawsuit is called the statute of limitations. Each state will have its own statute. In Texas, accident victims will have two years from the date of an accident to file a lawsuit and pursue compensation. Failure to do so can result in a case being dismissed, preventing the accident victim from recovering all accident-related compensation.
