If you were hurt in some kind of avoidable accident, you may be wondering whether you have grounds for legal action. The damages are probably adding up fast, after all, and it may not be long before you’re in a dire financial position.
Thankfully, Texas tort law allows accident victims to seek compensation from those who are liable for their injuries. Most of these claims are founded on negligence.
If the following elements apply to your situation, there’s a good chance you can build a case founded on negligence, too, so it’s wise to call an attorney to decide how best to proceed:
1. The Party That Caused the Accident Owed You a Duty of Care
Whether it was implied or formally established, a duty of care must have existed prior to the accident. Put another way, the at-fault party must have had some obligation to you at the time of the incident.
When someone gets behind the wheel of a vehicle, for example, they assume a duty of care to everyone on the road around them. Visiting a doctor in a clinical setting, on the other hand, establishes a duty on the part of the provider to the patient.
2. The Accident Was the Result of a Breach of Duty
Negligence is characterized by a breach of duty, which essentially means the liable party failed to act as any reasonable person might under the same circumstances. Do you have any idea how the party that caused the accident deviated from acceptable behavior? Or perhaps how they could have taken reasonable measures to prevent the accident?
3. You Sustained Injuries as a Direct Result of the Accident
To secure compensation, you must convince the insurance adjuster that you wouldn’t have gotten hurt had the at-fault party not been negligent. This element is called causation, and while proving it might seem straightforward enough, claimants sometimes run into hurdles. If you happen to have a preexisting condition, for example, it may be challenging to prove that the accident contributed to its severity. Thankfully, a seasoned personal injury attorney can help.
4. You Incurred Actual Damages Because of Your Injuries
The final element of every successful personal injury claim is damages. You must have incurred recoverable losses in response to the injuries you sustained.Texas tort law recognizes both economic damages like medical bills and non-economic damages like diminished quality of life. Claimants can also seek funds for indirect expenses like lost wages, while their spouses are sometimes entitled to loss of consortium. This refers to harm the marital relationship suffered as a result of the accident.
Discuss Your Claim with a Personal Injury Attorney in Houston
To see if you might be able to put together a strong personal injury claim, turn to Chelsie King Garza, P.C. For more than 18 years, attorney Garza has been advocating tirelessly for those who were wronged by others. To schedule a free case review with this Houston personal injury lawyer, submit the Contact Form on her website or call 713-893-8808.
