Texas is known as a “tort state.” This means that in order to receive a settlement, you must prove that someone else was to blame.
Proving negligence is one of the most important steps if you’re filing a personal injury lawsuit after a Texas car crash. This crucial legal process can allow you to receive a considerable financial settlement if you successfully prove negligence. But if you fail to establish negligence, it’s very difficult to walk away with the compensation you need to pay for medical expenses, missed wages, and any other damages you might have suffered due to your accident. So how exactly do you prove negligence in Texas? How do you move forward in a confident manner?
The most important step is to get in touch with a qualified, experienced personal injury attorney in Texas as soon as possible. These legal professionals can assess your unique situation during a consultation before guiding you forward in an effective manner. Remember, internet research can only get you so far, and a one-on-one consultation is necessary to receive targeted, personalized legal advice. In addition, it’s worth noting that the statute of limitations may prevent you from suing if you wait too long. Based on these factors, it’s best to get in touch with a lawyer right away.
Why Proving Negligence in Texas is Necessary
Texas is known as a “tort state.” This means that in order to receive a settlement, you must prove that someone else was to blame. In the legal world, this is known as “negligence.” This system is unlike a no-fault system, in which injured plaintiffs can file a claim with their own PIP insurance2. Because you are required to establish negligence in Texas, it is even more important to work with a qualified, experienced attorney.
The Four Elements of Negligence
There are four elements of negligence1:
- Duty of Care: This means that the defendant had a responsibility to care for your safety. Two motorists on the road owe each other a duty of care, since they are expected to follow traffic laws.
- Breach of Duty: The next step is to establish that a “breach of duty” occurred. This means that the defendant committed some form of unreasonable misconduct that put other drivers at risk.
- Causation: Next, you’ll need to establish that there was a direct link between the breach of duty and your own injury. In other words, cause and effect.
- Injuries: Finally, you’ll need to show that you did in fact suffer real injuries as a result of the crash. You can do this by showing your medical records.
Where Can I Find an Attorney Near Me?
If you’ve been searching the Austin area for a qualified, experienced car accident lawyer, look no further than Begum Law Group – Injury Lawyers. Over the years, we have assisted numerous injured plaintiffs in the Lone Star State, and we can help you prove negligence in a confident, efficient manner. If you were the victim of a negligent driver, you deserve the right to explore your legal options and take action. Book your consultation today, and you can get started with an effective action plan immediately.