When in the initial stages of determining whether or not you can file a personal injury lawsuit, you will most likely hear the term negligence thrown around quite often.
This term is essential to understand as negligence is critical in establishing a personal injury case.
That’s why in this post we provide a comprehensive overview of the concept of negligence as it relates to personal injury claims.
We will also cover the “reasonable person standard,” which serves as a benchmark for assessing whether a defendant acted appropriately under the circumstances.
Next, we explain how a breach of duty occurs when a defendant’s actions fall below this standard and discusses the necessity of proving causation and the types of damages incurred.
Lastly, we cover Texas’s modified comparative negligence law.
Let’s begin.
The Four Elements of Negligence in Personal Injury Law
The everyday understanding of negligence often aligns with the colloquial definition of failure to take proper care, but the legal definition is a bit more specific.
Negligence is a person’s failure to behave with the prudent amount of caution and level of care towards another person that could be expected from a reasonable person under the same circumstances.
The distinction of the legal term is the addition of the actions affecting another individual and the reliance on the concept of a “reasonable person,” serving as a benchmark for assessing whether a person’s actions or omissions constitute negligence in a legal context.
A personal injury plaintiff must prove the following four elements in a personal injury case:
- duty of care,
- breach of duty,
- causation of injuries, and
- damages
If a plaintiff can prove all four elements of negligence, they may be entitled to compensation for their injuries.
Comparative negligence, referred to under Texas Legislature as proportionate responsibility, may reduce the accident victims recovery if they are found to be partially at fault for the accident.
Reasonable Person Standard and Duty of Care
The concept of reasonable duty of care is the cornerstone of the legal definition of negligence.
This requires that individuals act as a reasonable person would under similar circumstances, which aims to be objective, based on the behavior of a hypothetical reasonable person, rather than relying on the subjective beliefs or intentions of the individual involved.
The reasonable person is not a real person but a legal fiction used to assess whether someone’s actions were reasonable.
The standard is designed to be objective and impartial, avoiding personal biases or idiosyncrasies.
The reasonable person standard will not be swayed by an individual’s personal beliefs or abilities, but rather on the expectations of this hypothetical person with average intelligence, knowledge, and judgment abilities.
The specific standard duty of care can vary depending on the circumstances of a case.
For example, a doctor will have a higher standard of care than a layperson, as they are expected to possess certain knowledge and skills.
Similarly, if a commercial truck driver hits you, the driver will have a higher standard of care on the road than a casual driver.
This could weigh into a car accident case you are pursuing is against a professional individual or someone who may have a higher legal duty.
Breach of This Reasonable Duty of Care
Once it is established that a defendant owed a duty of care to the plaintiff, the next step in a negligence case is to prove that the defendant breached that duty.
The defendant’s breach occurs when the defendant’s actions or omissions fall below that set standard of care expected of a reasonable person under the same or similar circumstances.
To determine whether a breach has occurred, the court will consider various factors including the nature of the risk, the likelihood of it causing injury, the severity of this potential harm, the cost of avoiding the risk of this harm occurring, and the defendant’s knowledge and experience, as stated above.
The greater the risks and the lower the costs to follow the standard of care, the higher the expectations would be of reasonable care.
By evaluating these factors, the court will determine whether the defendant’s actions or omissions fell below the standard of care expected of a reasonable person.
If a breach is established, the plaintiff must then prove causation and damages to establish their negligence claim.
Causation of Injuries
Causation of InjuriesOnce a plaintiff has established the defendant owed them a duty of care and their actions or omissions breached that, the next element they must prove is causation.
While this may seem obvious, it is important that the plaintiff demonstrate the direct link of the defendant’s negligence causing plaintiff’s injuries.
There are two types of causation that may be referenced in a negligence case: factual causation and proximate causation.
Factual causation requires the plaintiff to prove that their injuries would not have occurred but for the defendant’s negligence.
This is sometimes referred to as the “but for” test.
Proximate causation requires the plaintiff to prove the injuries were a foreseeable result of that negligence.
To establish a solid case to support causation, the plaintiff may need to call upon an expert to provide testimony or other evidence to establish a link between the defendant’s negligent actions or omissions and their injuries.
The burden of proof is on the injured party to demonstrate that the defendant’s negligence was the direct, factual, and proximate cause of their injuries.
Proving Damages from Your Personal Injury
After the other three elements of negligence have been claimed, the final factor to prove is the damages that are being claimed.
This means the injured person must demonstrate that they actually suffered harm as a result of the defendant’s negligence. This can include both economic and non-economic damages, under Texas Law.
Economic damages include direct financial compensation such as medical expenses, lost wages, and property damage.
These things are typically simple to prove as they are associated with bills, receipts, pay stubs, and repair estimates. Non-economic damages can be more complicated as this is an attempt to compensate the plaintiff for the pain and suffering they have experienced as a result of their injuries.
To prove any type of damages, the plaintiff will need to supply supporting evidence. With non-economic damages, your personal injury lawyer from Liggett Law Group can help you calculate based on expert and witness testimony, journals, photos, and other evidence types that they will direct you to gather.
How Modified Comparative Law Factors In Texas
How Modified Comparative Law Factors In TexasDetermining fault in a car wreck is best determined by an experienced car accident lawyer like Ted Liggett.
Why?
Texas employs a modified comparative negligence system, meaning you may be eligible for compensation even if you share in some of the fault.
If you are found to be over 50% at fault for the accident, you could be barred from recovering damages.
If you are able to prove that your fault is less than this limit, your settlement will simply be reduced in proportion to your degree of fault. For example, if you were awarded $100,000 but are found to be 35% at fault, your final payout would be reduced to $65,000.
While understanding the concept of Texas’ comparative negligence law is relatively simple, understanding how it will affect your case can be complex. The legal team at Liggett Law Group is well-versed in these intricacies and can help you maximize your recovery.
How Our Lawyers Can Help in Your Texas Personal Injury Claim
Proving negligence can often require meticulous attention to detail in gathering evidence as well as experience and knowledge of local laws and precedent cases.
With over 70 years of combined legal experience, Liggett Law Group holds negligent parties accountable for their actions through dedicated advocacy for personal injury victims. Contact our office today for a free consultation.
If you were injured due to another person’s careless actions, you may be entitled to receive compensation for your losses.
This includes repayment for medical bills and lost wages and compensation for the pain and suffering you went through. A personal injury lawyer from Liggett Law Group can help you determine the at-fault party and build a case to support that their negligent actions ended in your injury.