Filing a personal injury claim can often feel confusing, especially when insurance companies attempt to undervalue your claim or shift blame. However, consulting an experienced personal injury attorney as soon as possible after your injury can help preserve crucial evidence and protect your rights.
A skilled personal injury lawyer can assess the full extent of your damages, making sure that both economic and non-economic losses are properly calculated.
At Bradford N. Oesch, P.C. in Houston, Texas, we understand how overwhelming personal injury lawsuits can be, especially when dealing with medical bills, lost wages, and the emotional toll of an accident. We're dedicated to guiding clients through every stage of their case, making sure that their legal rights are protected.
Additionally, having a legal advocate allows you to focus on recovery while your case is handled with the attention it deserves. Our personal injury lawyer, Brad Oesch, is committed to helping individuals in Houston and the surrounding areas work through these legal challenges.
What Is Negligence in a Personal Injury Case?
Negligence occurs when an individual or entity fails to exercise the level of care that a reasonably prudent person would in similar circumstances, leading to harm or injury to another party.
In Texas, proving negligence is the foundation of most personal injury claims. To establish a negligence claim, four key elements must be demonstrated: duty of care, breach of duty, causation, and damages. Each of these elements plays an essential role in determining whether the injured party has a valid claim.
Duty of Care
Before proving negligence, it's necessary to understand the duty of care that the defendant owed the plaintiff. Duty of care refers to the legal responsibility one party has to avoid causing harm to another. For example, drivers have a duty to follow traffic laws and operate their vehicles safely to prevent accidents. Similarly, property owners have an obligation to maintain their premises so visitors aren't at risk of injury.
The standard of care depends on the circumstances of each case. For example, a doctor treating a patient is held to a different level of care than a business owner maintaining a store. In professional settings, individuals are expected to meet industry standards to prevent harm.
The existence of a duty is often established by law, regulations, or previous court rulings. In premises liability cases, for example, businesses open to the public are required to provide a reasonably safe environment for customers and guests. Landlords have a legal responsibility to repair dangerous conditions on their properties to protect their tenants and visitors from injury.
If a defendant argues they had no duty toward the injured party, proving otherwise requires demonstrating that a reasonable person in the same situation would have anticipated the risk and taken steps to prevent harm.
Breach of Duty
Once a duty of care is established, the next step is proving that the defendant failed to meet that duty. A breach occurs when an individual or entity does something a reasonable person wouldn't have done or fails to do something a reasonable person would have done.
For example, a driver running a red light, a landlord ignoring safety hazards in a rental property, or a manufacturer producing defective products can all be considered breaches. These actions or inactions increase the risk of harm to others.
When evaluating potential breaches of duty, the courts will assess whether the defendant’s behavior fell below the accepted standard of care. This often involves expert testimony, accident reconstruction, and reviewing industry standards to determine what a prudent person would have done.
Sometimes, a defendant may claim they acted within reason. However, providing clear evidence such as video footage, witness testimony, or prior complaints can demonstrate that the defendant knowingly or recklessly disregarded safety.
Causation
Proving causation is crucial in personal injury claims, as it directly connects the defendant’s breach of duty to the plaintiff’s injuries. The plaintiff must show that their injury resulted directly from the defendant’s actions or inactions. This is often referred to as “cause-in-fact,” meaning that the injury wouldn't have occurred but for the defendant’s breach.
The connection between the breach and the harm suffered must be clear and demonstrable. An experienced personal injury lawyer in Texas can analyze medical records, accident reports, and expert testimony to establish this connection convincingly. The courts will also consider whether the injuries sustained were a foreseeable consequence of the breach.
For example, if a store fails to clean up a spill and a customer slips, the injuries sustained were an expected outcome of the store's negligence.
In cases where a plaintiff had pre-existing injuries, defendants may claim the harm wasn't caused by their actions. Strong medical evidence and expert testimony can help differentiate between prior conditions and new injuries caused by negligence.
The Role of Evidence
If you or someone you know has been injured due to someone else's negligence, it's essential to gather the right evidence to support your claim, such as medical records, expert testimonies, accident reconstruction reports, and video footage. Without a clear link, defendants may argue that the injuries were caused by something unrelated. A timeline of events and supporting documentation can be instrumental in demonstrating cause and effect.
Damages
Even if negligence and causation are proven, a plaintiff must show they suffered measurable damages to have a valid claim. These can be financial, physical, or emotional, and must be documented thoroughly for proper compensation.
Economic damages: These include medical expenses, lost wages, rehabilitation costs, and any financial burdens caused by the injury. Providing bills, pay stubs, and expert financial evaluations can help demonstrate the full extent of these damages. Additional costs, such as transportation to medical appointments and home modifications for disabilities, may also be considered.
Non-economic damages: Pain and suffering, emotional distress, and loss of enjoyment of life fall into this category. While these damages are harder to quantify, testimony from medical professionals, mental health experts, and family members can provide insight into the impact of the injury.
Long-term damages: If an injury leads to permanent disability or chronic pain, plaintiffs may also seek damages for future medical costs, reduced earning capacity, and ongoing suffering. Projections from medical and economic experts often support these claims.
Seeking guidance from a personal injury lawyer in Texas can help make sure that these future damages are properly calculated and included in your claim. Consideration is also given to loss of consortium, which accounts for the impact of an injury on personal relationships. A well-documented claim provides strong justification for settlement negotiations or trial proceedings.
The Dangers of Postponing a Personal Injury Case
Delaying the filing of a personal injury claim can have serious consequences that may impact your ability to recover compensation. Evidence can deteriorate or disappear over time, making it harder to prove negligence.
Witness memories fade, surveillance footage gets deleted, and physical evidence at the scene may no longer be available. Additionally, Texas has a strict two-year statute of limitations for most personal injury claims. If you fail to file within this period, you could lose your right to seek damages altogether. The sooner you pursue legal action, the stronger your case will be.
Contact a Personal Injury Lawyer in Texas Today
If you were injured due to someone else’s negligence, you may have the right to seek compensation. At Bradford N. Oesch, P.C., we serve clients throughout Texas. Our firm is committed to helping victims hold negligent parties accountable. If you need assistance, our Texas personal injury lawyer is ready to provide the legal support necessary to help you pursue justice. Reach out today to schedule a consultation.
