Negligence

Negligence is an important legal concept. It is the foundation of tort law and the basis of most personal injury claims. A tort is an act or omission that causes someone to suffer injury or harm. The injured party can seek damages from the party who caused their injuries.

What Is Negligence?

A party is negligent when they fail to use reasonable care. The level of care differs depending on the circumstances and is based on what a “reasonable person” would have done in the same situation.

Juries are responsible for deciding what a reasonable person would have done under the circumstances to determine the level of care for any given case. They have to compare the party’s conduct to that of the reasonable person to determine if the party was negligent.

You must prove four elements to win a negligence-based personal injury case. Those elements are:

Duty of Care

The party must have had a legal duty of care to act reasonably to avoid causing harm or injury to someone. Generally, everyone has a duty of care to avoid causing harm to others.

However, a legal duty of care may be established because of the relationship between certain people, such as a doctor’s duty of care to their patients; a motorist’s duty of care to others on the road to follow traffic laws and operate their vehicle safely; and a property owner’s duty of care to provide safe premises for guests and invitees.

Breach of Duty

Breach of duty occurs when the party with the duty fails to use the level of care a reasonably prudent person would have used. For example, jurors would probably come to the conclusion that driving 80 mph through a school zone during dismissal is unreasonable. Further, it would be negligent for a business owner to dig a big hole and leave it uncovered without warning signs.

Causation

The party’s actions must be the direct and proximate cause of the incident or accident. The direct cause of an accident is why it happened. For example, let’s say there was a car crash because a driver ran a red light. In this scenario, if the driver had not run the red light, a collision likely would not have occurred.

Proximate cause is more challenging to prove. It means that the party must have been able to foresee that their conduct could cause injury to someone. For example, the driver who ran the red light should have foreseen the possibility of causing a car accident. However, if the accident occurred because a light pole fell and the driver swerved, they may not be liable because they could not foresee a light pole falling onto the road.

Damages

The victim must have incurred damages because of the party’s negligence. Damages include physical injuries, emotional suffering, and financial losses. If a victim proves negligence, they can seek compensation for their economic and non-economic damages.

Damages in a personal injury case include:

• Medical expenses
• Lost wages
• Rehabilitative care
• Out-of-pocket expenses
• Decreased earning capacity
• Pain and suffering
• Emotional suffering and mental anguish
• Diminished quality of life
• Impairments, disabilities, and disfigurements
• Loss of enjoyment of life

The amount the victim receives depends on the factors in the case. For example, contributory fault could reduce the value of the case, while catastrophic injuries may increase damages.

What Is Contributory Fault in a Texas Personal Injury Case?

A victim is guilty of contributory fault when they contribute to the cause of their injuries. Under Texas’s proportionate responsibility statute, contributory fault does not bar a victim from recovering damages unless the victim’s fault is greater than 50%. In other words, you cannot recover damages if you are 55% to blame for your accident.

However, you can receive damages if you are 40% to blame. The court will reduce the damages according to your level of fault.

What Is the Deadline for Filing a Negligence-Based Personal Injury Lawsuit?

Texas has a two-year statute of limitations for negligence-based personal injury lawsuits. Judges can dismiss lawsuits filed after the deadline, even if the plaintiff has a valid claim against the defendant.

Exceptions to the statute could change the filing deadline in some personal injury cases. Therefore, we encourage you to seek legal advice after an injury or accident as soon as possible.

Contact a McAllen personal injury lawyer at 956-707-3610 for a free consultation today.