Know about Personal Injury Law

Posted by on Aug 7, 2019 in Business, Legal | Comments Off on Know about Personal Injury Law

If someone is injured by someone else, and that person was harmed as the result of negligence or intentional conduct, the legal aftermath that results falls under the realm of Texas personal injury law. While the saturation of advertisements on television, the radio and on the Internet may make it seem as though personal injury law is an easy matter to understand, the fact is that this body of law is filled with technicalities, intricacies and nuance that must be understood so that someone who has been harmed can make sure that his or her legal rights are properly protected. Below is a brief overview of Texas personal injury law as it exists with regards to negligence.

-Legal Duty of Care

If someone needs to begin proving negligence within the tenets of personal injury law in Fort Worth, Dallas or anywhere else in the state, such proof begins with proving to a court that the defendant in an action owed the plaintiff a legal duty of care. This duty basically states that people are required to avoid actions that place other people in situations of unreasonable risks of harm. The question involving this tenet is whether the duty of care existed for the plaintiff who was injured.

-Breach of Duty

Personal injury law then requires a plaintiff to prove that the defendant breached the legal duty of care that existed at the time the injury occurred. Generally, this is done by proving that the defendant’s conduct was unreasonable under the circumstances. Specifically, it must be shown that a reasonable person in the same situation would have acted differently than the defendant did.

-Causation

Texas personal injury law is aligned with most other jurisdictions in that proving causation in a personal injury lawsuit is extremely complicated. Basically, an injured plaintiff must prove that the breach of duty that occurred either directly or indirectly led to the injuries suffered and damages incurred by the plaintiff. There are several legal tests that can be applied to determine whether or not causation exists, and there are also several exceptions to this requirement.

-Damages

Finally, Texas personal injury law requires that the plaintiff shows actual damages that were incurred. These damages can be proven by way of direct costs such as medical bills and/or lost income, or they can be proven by way of intangible costs such as pain and suffering or extreme emotional distress.