Helping You Recover Maximum Compensation

Understanding negligence

On Behalf of | Nov 8, 2023 | Personal Injury |

If you were injured because of the negligence of another person, you have the right to take legal action so that you get what you are entitled to and what you need to be able to provide for you and for your family.

If you end up having to go to court, your case will be heard in a state court. Each state in the United States handles similar matters in various ways as far as the process is concerned but the core of how the process works is most likely quite similar.

What does Texas say about negligence?

In Texas, the definition of negligence means that the allegedly negligent person dis not exercise the extent of care that was expected so that the risk of harm to the other person was minimized. That is from the legal perspective. If you were to sue another person for being negligent in court, you would need to prove the following:

  • Duty: The negligent person should have acted or not acted in a particular manner. For example, if your injury occurred on the road, the other person had a responsibility to pay attention to the road and not allow themselves to become distracted by anything, including a cell phone or other device.
  • Breach of Duty: If the negligent person didn’t do something that they were supposed to do and that was considered their duty, they committed a breach of duty. An example would be if the person was reading text messages and struck a person on the crosswalk who was on foot.
  • Cause in Fact: This means that the injury to the other person was “in fact” a result of the negligent person’s breach of duty.
  • Damages: This means that there was some real harm that came to the other person and the injured person deserves to be compensated for their injuries.
  • Proximate Cause: The negligent behavior must be closely related to the injury that the other person sustained.

If I want to sue for negligence, is there a time limit?

Yes, there is a statute of limitations, just like there is in the other states in the United States. The statute of limitations depends on the specific claim that you are making. As a general rule, the statute of limitations is anywhere from one to five years, depending on how severe the claim is.

It is important to keep in mind that if you go after someone for negligence, even if it seems like an open-and-shut case to you, it may not turn out exactly how you hope it will. In fact, It may not be an easy experience at all. You may (and probably will) have to fight really hard for what you want. However, it is a fight worth having because it is essential that you hold the person who is responsible for your injuries accountable. The injury wasn’t your fault and you shouldn’t be made to suffer for someone else’s mistake.