Whether you were involved in a car accident or slip-and-fall accident, if you sustained an injury due to another person’s negligent, reckless, or careless actions, you may be eligible to file a personal injury lawsuit against the at-fault party. However, in order to successfully recover financial compensation to pay for medical expenses, property damage, and other damages such as pain and suffering, there are certain elements the plaintiff (injured party) must prove.
The following are the four elements of a personal injury claim in Texas:
- Duty of care – First, the defendant must owe a duty of care to the plaintiff. For example, everyone who gets behind the wheel of their car has a duty of reasonable care to safely drive and follow the traffic laws. When it comes to premises liability cases, a business owner has a duty to ensure anyone who enters their property is safe from harm.
- Breach of duty – Second, the defendant failed to exercise reasonable care in a negligent manner, such as texting while driving, or forgetting to mop up a spill or post a warning sign. Even if the defendant did not have any intention to cause, that does not excuse them from being held liable for their actions.
- Breach caused injury – Third, the defendant’s negligent or reckless actions resulted in the accident and the plaintiff’s damages. Keep in mind, the defendant has an opportunity to show if the plaintiff shared some or all the blame for the incident.
- Damages – Lastly, the plaintiff suffered damages. There are two main types of damages: economic damages that are quantifiable like property damage and hospital bills and non-economic damages that are not as tangible, such as emotional distress.
If you were injured in an accident in Plano or within Fort Worth County, the Zendeh Del Law Firm, PLLC, can help you maximize the compensation you deserve to make the best possible recovery from injury. Let our experienced legal team help you navigate the complexities of the legal process and protect your rights.