Depending on the residency of the defendant and plaintiff, lawyers must decide whether state or federal court is the most appropriate venue for personal injury litigation. Although state and federal courts have many […]
The aftermath of an accident, no matter its cause, is filled with trauma, frustration, and pain. Needless to say, you will have plenty of stressors and various concerns to address without having to deal with insurance companies, mounting medical bills, and the potential of lost wages from missing work.
First, know that any personal injury lawsuit hinges on establishing negligence. You may also want to familiarize yourself with key state regulations and guidelines, especially if you intend to file a claim: from reporting an accident in Texas to the statute of limitations for filing (two years from the date of the accident), there are a few essentials. Arguably the most important is how Texas' fault rules may impact a personal injury claim.
In the meantime, please get in touch with our team if you have concerns regarding fault or want to learn more about how Texas law impacts your accident claim.
Over the last three decades, our team at the Rasansky Law Firm has boasted a remarkable track record of accomplishment and trust with clients. Reach out to our lawyers and support staff if you have questions about how to move forward after any type of personal injury in Texas.
The law of comparative negligence applies in Texas to determine who is at fault in an accident. When it comes to vehicle accidents, in the vast majority of cases, an at-fault driver's insurance company will be responsible for paying an accident victim's medical expenses, vehicle repairs, missed earnings, and other damages if the other driver was clearly at fault. However, the rules change somewhat if the plaintiff is determined to have contributed in any way to the accident.
Both participants in an accident are considered equally at fault under Texas' "modified comparative fault" law. The degree to which each party is determined to be at fault usually determines how the fault is distributed.
A plaintiff who is determined to be 51% or more at fault in a Texas court case cannot recover any damages. That said, if the injured party is judged to be 50% or less at fault, the amount of compensation will be decreased accordingly.
Due to the fact that Texas is a modified comparative fault state, you will not be eligible for compensation if you are found to be at least 50% at fault for the incident in question.
For example, a defendant would only have to pay $80,000 of a $100,000 claim if it was determined that the plaintiff was 20% at fault for their injuries. But, once again, if you were determined to be 51% at fault for your injuries, you would get no compensation at all.
From there, a plaintiff will need to establish a few different components to win a personal injury case.
A legal obligation exists when it is presumed that the defendant should have taken some reasonable measure to ensure the safety of another person or should have avoided taking such measures. Whether it's between a doctor and a patient, a business and its customers, or a motorist and other road users, this is known as a "duty of care."
If the plaintiff can prove that the defendant owed them a duty of care, then they have a case for negligence under Texas law. As mentioned above, the link or specific relationship between the plaintiff and the defendant gives rise to a duty, which is an obligation the defendant was legally obligated to fulfill.
After finding that such an obligation or a "duty of care" in Texas exists, the court's next step is to decide whether or not it was infringed by conduct that a reasonable person would have found to be appropriate under the circumstances.
A good illustration would be that a safe driver would never text while behind the wheel. Thus, if a driver did text while they were driving and then caused a car accident, they violated their duty of care to drive as safely as possible while on the road.
If the defendant's violation of duty can be shown, then you must show that the defendant's breach of duty caused your losses.
A defendant may argue that even if a duty was broken, it had no or only a limited impact on the plaintiff's damages. For instance, consider a situation in which you were hurt after a slip-and-fall accident.
The defendant's attorneys may argue that you were not allowed to be in the area where you slipped and fell, even if you prove that someone failed to properly label a just wiped wet floor or fix a broken tile that led to your fall.
Finally, you need to demonstrate more than just the above. In other words, it's not enough that there was a breach of duty and that it was the cause of your losses.
You must then prove that there were actual losses for the sum of money or total damages being sought as compensation for actual, perceived, or sustained harm to body, mind, or property.
Getting in touch with a Dallas personal injury attorney as soon as possible is essential if you're dealing with the aftermath of an accident. You may find that you're eligible to collect compensation to help you meet current and anticipated expenses.
At the Rasansky Law Firm in Dallas, we've been helping people who were hurt in dog attacks, slip-and-fall accidents, car crashes, and so much more for over three decades. In addition, we provide reliable legal counsel to our clients, thanks to our staff of experienced, compassionate lawyers. We're ready to investigate the particulars of your accident and evaluate the merits of any potential legal claims.
Call our Dallas personal injury lawyers at (214) 617-1886 for a free consultation at any time after you have sustained injuries in a Texas accident and need advice on what to do next. Keep in mind that you owe us nothing unless and until we successfully resolve your case and you get the compensation you deserve.
2525 McKinnon Street #550 Dallas, Texas 75201
Phone: (214) 617-1886
Note: The information that was utilized in this post was gathered from the use of secondary sources. This information used has not been confirmed or independently verified. If you locate any information that is not correct, please contact our firm as soon as possible so that we can make the appropriate corrections. If you find any information that is false, we will remove or correct the post immediately after it is brought to our attention.
Disclaimer: As a valued member of the Dallas community, Rasansky Law Firm’s goal is to improve the safety of all residents in the great state of Texas. These posts should not be viewed as a solicitation for business and the information included herein should not be taken as medical or legal advice. The photos used in this post are not representative of the actual crash scene.
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