Negligence is a legal concept at the center of most personal injury claims in Texas. In order to prove negligence in a personal injury case, the plaintiff (the person bringing the lawsuit) must be able to demonstrate that the defendant (the person being sued) had a legal duty to act with reasonable care, and that they failed to fulfill this duty, resulting in injury to the plaintiff. Negligence forms the basis for most Texas personal injury claims, including car accidents, motorcycle crashes and slip and fall accidents. If you were injured due to someone else’s negligence, you should talk to a Texas personal injury lawyer right away.
What is the reasonable person standard under Texas personal injury law?
In Texas, the standard for whether a person acted with reasonable care is the “reasonable person” standard. This means that the defendant’s conduct is measured against what a reasonable person would have done under the same or similar circumstances. If the defendant’s conduct falls short of the reasonable person standard, they may be found negligent at trial.
Reasonable care forms the basis for a negligence claim. In order to be negligent under Texas personal injury law, a personal must breach a duty of care towards another person. It is not enough that someone else caused you injury or harm. The cause of your injury or harm must be failure to act with reasonable care towards you.
What are the elements of negligence in Texas?
Every civil claim under Texas law sets out specific elements a plaintiff must meet to prevail in a lawsuit. Negligence claims are no different. A plaintiff must prove each of these elements in their lawsuit before the jury can award any damages in the verdict. If the defendant can disprove a single element, the plaintiff loses her case.
There are several elements that must be proved in order to establish negligence in a personal injury case in Texas. These elements include:
- Duty: The plaintiff must be able to demonstrate that the defendant had a legal duty to act with reasonable care towards them. For example, a driver has a legal duty to operate their vehicle with reasonable care towards other drivers on the road.
- Breach of Duty: The plaintiff must also be able to show that the defendant breached this duty of care. For example, if a driver was texting while driving and crashed into the plaintiff’s vehicle, they may be found to have breached their duty of care by not paying attention to the road.
- Causation: The plaintiff must be able to show that the defendant’s breach of duty was the cause of their injuries. In other words, the plaintiff must be able to demonstrate that the injuries would not have occurred if the defendant had not breached their duty of care.
- Damages: The plaintiff must have suffered some sort of injury or damages as a result of the defendant’s negligence. This can include physical injuries, emotional distress, and financial losses such as medical bills or lost wages.
In addition to these elements, the plaintiff must also be able to show that the defendant’s negligence was the “proximate cause” of the injury. Proximate cause refers to the idea that the defendant’s negligence was a foreseeable result of their actions, and that the injury was a natural and probable consequence of those actions. If the plaintiff successfully proves negligence was the proximate cause of injury, then the jury must decide the amount of damages potentially available.
However, a plaintiff sometimes must do more than simply prove each element. Defendants can present affirmative defenses that challenge the plaintiff’s right to recover in a verdict even if the plaintiff proves each element. Among the most common defenses under Texas tort law is comparative negligence.
What is comparative negligence in Texas?
In the state of Texas, comparative negligence is a legal principle that is used to determine fault and damages in personal injury cases. Under this principle, both parties involved in an accident may be found to be partially at fault. The damages a plaintiff can recover is reduced by the percentage of fault the jury assigns the plaintiff.
For example, a plaintiff is found to be 50% at fault for an accident. The damages are $100,000. The car accident plaintiff can only recover $50,000 of damages. This is because they are found to be partially responsible for the accident and therefore, are not entitled to the full amount of damages.
Defendants can raise comparative negligence in many personal injury cases, including car accidents, slip and falls, and medical malpractice. In order to determine the percentage of fault for each party, the court will consider a variety of factors, including the actions of each party leading up to the accident and any relevant laws or regulations that may have been violated. This defense can significantly reduce the damages a plaintiff may recover.
Modified comparative negligence rule under Texas personal injury law
Texas personal injury law follows a “modified comparative negligence” rule. This rule states if a plaintiff is more than 50% at fault, they are not entitled to any damages at all. This is in contrast to other states that follow a “pure comparative negligence” rule, which allows plaintiffs to recover damages even if they are found to be more than 50% at fault.
Overall, comparative negligence is an important legal principle in Texas that is used to determine fault and damages in personal injury cases. It allows the court to apportion blame and damages in a fair and reasonable manner, ensuring that plaintiffs are only able to recover damages if they are not primarily responsible for the accident.
What is the statute of limitations for a negligence claim in Texas?
In Texas, the statute of limitations for personal injury cases is generally two years from the date of the injury. This means that the plaintiff must file their lawsuit within two years of the date of the injury, or they may be barred from recovering damages.
There are a few exceptions to this rule, such as for cases involving minors or cases where the injury was not immediately apparent. In these situations, the statute of limitations may be much longer than the typical two year time limit. On the other hand, some personal injury claims in Texas require significantly quicker action by the plaintiff. (Or the plaintiff’s attorney.) Some tort claims that fall within personal injury have a one year statute of limitations. If your claim involves a state agency, you must take special steps quickly to protect your claim.
It is important to consult with an experienced personal injury attorney to determine the applicable statute of limitations in your case. If you miss the statute of limitations or another deadline in your case, you may lose any legal right to pursue compensation for your injuries.
Contact an experienced personal injury attorney about your case today
Overall, negligence is a key concept in personal injury cases in Texas. In order to recover damages in a personal injury lawsuit, the plaintiff must be able to demonstrate that the defendant had a legal duty to act with reasonable care, and that they breached this duty, resulting in injury to the plaintiff. Proving negligence can be a complex process, and it is important to have an experienced attorney on your side to advocate for your rights and help you seek the compensation you deserve.