Understanding the Legal Basis for Liability after a Personal Injury
When you’ve been hurt because of the wrongful acts of another person, you may be able to allege that the other party’s actions were intentional, but, in most instances, any claim for damages will be based on allegations of negligence. Here are the answers to the most frequently asked questions about negligence in Texas.
Personal Injury a Common Occurrence Nationwide
According to data gathered by the Centers for Disease Control (CDC), more than 57 million Americans seek medical attention every year for unintentional injuries. If those injuries were caused by the wrongful act of another person, any legal claim to recover losses will typically be based on allegations of negligence.
Answers to Frequently Asked Questions about Negligence in Texas
Q: What is negligence?
A: Negligence is legally defined in Texas to include three elements:
- A failure to act as a reasonable person would
- Which causes an accident or injury’
- Which results in actual loss
Q: What is the burden of proof for negligence?
A: Negligence requires that the weight of the evidence supports your version of the facts, i.e., that the evidence you submitted is more believable than the other party’s evidence.
Q: What are the common defenses to allegations of negligence?
A: The most common defenses include comparative negligence and assumption of risk. Comparative negligence applies when the injured party was partially responsible for causing the accident. Assumption of risk may affect a claim when the activity engaged in was inherently dangerous and the injured party knew or should have known the potential risks.
Let Attorney Michael De La Paz Help Protect Your Rights When You Have Been Hurt
At the Law Office of Michael R. De La Paz, we have more than 26 years of experience protecting the rights of personal injury victims in Harlingen, McAllen, Brownsville and Houston, across Texas and nationwide, including men, women and children who have suffered needless injury in Texas motor vehicle accident. We will use our considerable experience, skill, knowledge and resources to help you get the outcome you want. Free call, text or chat, 24 hours a day, seven days a week: https://delapazlaw.com/.
Handling Motor Vehicle Accident Cases Nationwide, Including, But Not Limited to Texas, Florida, New Mexico, Illinois and Oklahoma