There are several types of accidents, including self-caused accidents, those attributed to bad luck, and those attributed to negligent actions. If a negligent act caused the accident, you could file a personal injury claim for compensation or wrongful death claim when a fatality occurs.
However, for such a claim to be successful, you must prove the accident resulted from negligence.
Negligence laws are based on the idea that people should get some standard level of care in their daily lives. When the expected level of care is violated, then the negligence claim becomes valid. To prove negligence, you must demonstrate that elements of negligence were involved in the accident. These elements are:
Duty- You must prove the defendant had a duty to act/not act with a certain standard of care. For example, a driver must pay attention to the road and not use a cellphone while driving.
Breach of Duty- This element indicates the defendant failed to uphold their duty based on applicable standards of care.
Cause in Fact- You must prove a breach of this duty caused the injury, and it could have been avoided if the defendant had adhered to a standard level of care.
Proximate Cause- This element indicates an average person or the defendant could have foreseen their failure to adhere to their duty would cause injury or death.
Damages- You must prove you suffered injury, loss, or hardship due to the defendant’s negligent actions.
There are a few types of civil remedies to consider in a personal injury case: economic damages, non-economic damages, and punitive damages.
Economic damages are a form of compensatory damage designed to compensate victims for their tangible loss, such as lost wages, medical care, lost earning capacity, property damage, and other forms of loss that come with a price tag.
Non-Economic damages are the second form of compensatory damage, which covers intangible loss such as physical pain, emotional anguish, loss of consortium, loss of enjoyment of life, disfigurement, and other subjective forms of suffering.
Punitive damages are not compensatory but are awarded in addition to them as a form of punishment in certain circumstances. While rare, this form of damage is only awarded at the court’s discretion when the defendant’s actions are found to be especially harmful. Punitive damages cannot be more than double the number of compensatory damages.
Get in Touch with a Qualified Texas Lawyer
When you’re hurt and unable to work, the bills never stop coming. Negligence laws are complex, and for this reason, you need representation you can rely on. When your financial future is on the line, consider the services of a qualified personal injury attorney.
At Gibbs & Crivelli, Slingshot Law, we help victims in our community pursue the justice they need and deserve when it matters most. Schedule your free case review today when you call 800-488-7840 or send a message through the submission form on our website.