What is Negligence?
According to Texas law, negligence is when someone is injured because another person failed to perform their duties. One example of negligence is when someone drives in a distracted manner.
This failure to use care while operating a vehicle could result in a crash that injures someone else. A breach of duty that caused severe damages is referred to as negligence.
If you have been injured because of another person’s negligence, you could be entitled to compensation. Please contact our personal injury legal aid in The Woodlands, Texas for help understanding whether you have a valid negligence case and to get excellent representation in seeking justice for your injuries. Call Morgan Bourque Attorney at Law at 713-766-3733.
What Are the Main Components of Negligence?
To prove negligence in court, there are five separate elements you must be able to show evidence of. Without these elements, it is unlikely a judge will hold the other party liable.
The parts of negligence include:
- Duty: the other party had a duty to act or not act with a standard of care that an average person would reasonably expect.
- Breach of duty: the other party failed to meet their duty of care.
- Cause in fact: the injury was caused by the other party’s breach of duty.
- Proximate cause: an average and reasonable person could have foreseen that their failure of care would cause harm.
- Damages: the physical injuries or damages to property that the other party caused.
In most personal injury cases, you can seek compensation for the damages you accrued due to someone else’s actions. While the circumstances of your case may impact which damages you can seek, many individuals claim medical bills, property damage, and pain and suffering. If you are curious about the types of damages you could claim, contact our law office today for more information.
What Are the Main Types of Negligence?
Under Texas law, there are four main types of negligence. Not all negligence cases can be pursued in court, and some types of negligence may be stronger than others. If you are unsure what kind of negligence your case falls under, contact our team today for assistance.
The main types of negligence include the following:
One form of negligence under Texas law is called comparative negligence. In these cases, both parties share some degree of fault. If you have been injured in a comparative negligence situation, you may receive a portion of the compensation owed to you according to your fault in the case. For example, if the court determines that you are 30% responsible for an accident, you may collect 70% of the damages.
Contributory negligence is used by some states and does not allow someone to collect damages if they were at fault at all. This means that you would not be able to pursue a liability case if your actions led to your injury or harm in some way. However, Texas does not recognize contributory negligence, as it has been seen to subject accident victims to a second victimization.
It is critical to hire knowledgeable lawyers who can prove that you were not at fault in order to maximize the compensation you receive in your comparative negligence case.
Another, more severe form of negligence is gross negligence. In these cases, the at-fault party completely disregarded the safety of others and acted in such a way that constitutes willfully causing harm. Some examples of gross negligence are driving while intoxicated or a doctor prescribing medication to a patient whose chart clearly lists that they are allergic to it. To prove gross negligence, you must show evidence that the other party was clearly aware that their actions carried an extreme risk and acted anyway. Because gross negligence is more severe, having a legal representative to prove gross negligence on your behalf is essential.
Vicarious liability is used when a defendant can be held responsible for someone else’s negligent actions. For instance, if a child under 18 years of age is negligent and causes an accident, their parents may be held responsible for their actions. In most cases, children under the age of 7 are legally incapable of negligence due to their young age. Similarly, an employer may be held vicariously liable for the actions of their employees, or a pet owner may be held liable for the actions of their animal.
Criminal negligence is only used in criminal law, not civil law. It is defined as a defendant’s potential state of mind when committing a criminal act. More specifically, it specifies that the alleged defendant acted in an unlawfully or egregiously negligent manner on purpose. However, criminal negligence can only be used in criminal cases and is therefore not applicable to personal injury law.
If you are a victim of negligence, you should get legal help immediately. Our attorneys can assist you by finding evidence that the actions against you or your loved one were negligent and that you deserve full compensation.
Should You Hire Our Personal Injury Attorneys?
If you are suffering because of injuries caused by a negligent person, you may feel overwhelmed and frustrated. Many people don’t want to sue because they don’t think they are that “type of person.” However, bringing a lawsuit can give your family confidence to move forward, and bringing the person to justice may save other people from suffering in the future.
Please get in touch with our legal team to learn more about negligence and to see if we can help with your case. Our attorneys have over 50 years of combined experience, which gives us the edge in finding positive solutions for our clients. We are happy to meet with you for a free, confidential consultation, so call Morgan Bourque Attorney at Law today at 713-766-3733.