What Does the Legal Term “Negligence” Mean?
“Negligence” is a key term in state laws. Cornell Law School’s Legal Information Institute defines negligence as “a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but can also consist of omissions when there is some duty to act (e.g., a duty to help victims of one’s previous conduct).” Texas has established laws to define negligence as it pertains to personal injury claims: The injured party has a right to pursue financial compensation for damages that are the result of negligence on the part of another party or entity.
What does this mean for your personal injury case? First of all, it means that you need to hire an experienced personal injury attorney to help you prepare your claim. Texas law defines five factors that must exist for a plaintiff to file a claim for compensatory damages. You must demonstrate:
- Duty: the defendant owed you a duty to act in a certain way but did not do so. An example is the duty to pay attention to driving carefully.
- Breach of duty: The defendant did not do something or failed to avoid doing something. For example, a driver is distracted by texting or talking on a mobile phone.
- Cause in fact: Your injury was caused by the breach of duty. If the defendant driver had not been on the phone, you would not have been involved in a vehicle accident.
- Proximate cause: A reasonable person would realize that texting and driving could cause an injury to someone.
- Damages: The plaintiff must have suffered a real hardship that allows for compensation under the law.
Your attorney will prepare a claim that meets all of the five criteria under Texas law, in order to successfully negotiate fair compensation for your painful injuries, your limitations in life due to someone else’s negligence, your lost wages, your disfigurement or permanent scarring, your permanent impairment, or your pain and suffering in the past and future.
At Hudson Law Firm, we put PERSONAL back into Personal Injury Law. For an injury claim evaluation, call us at (972) 360-9898, or visit our website to chat with an associate. We understand and care about your injury, and look forward to helping you with your accident claim.