What Are the Components of a Personal Injury Claim in Texas?

Thousands of Texans are involved in car accidents each year, and across the nation, millions suffer the effects of auto accidents daily. Of course, most people will be involved in a collision at some time in their lives. As motor vehicle accidents are widespread throughout the nation and in the Lone Star State, these disastrous incidents can instantly transform a victim's life for the worse.

Victims are commonly left on their own to cope with the physical, financial, and emotional repercussions that follow a serious car accident. In addition, according to the Texas Department of Transportation, a collision occurs somewhere in the state every minute on average. Adding insult to injury, local accident data shows road deaths in Dallas alone have surged by nearly 80%, and a sizable proportion of these incidents are caused by reckless and irresponsible driving.

In fact, it is abundantly clear that most auto accidents are largely preventable, given the fact that driving while distracted, driving while under the influence of alcohol or drugs, and speeding rank among the most prevalent causes of injury-causing and deadly car accidents in Texas.

The wounded party or parties may be able to take legal action against the negligent motorist who caused the collision. If you've been hurt in a vehicle accident in the Dallas region, filing a personal injury claim in Texas is crucial in getting your life back on track.

What Are the Important Components of Personal Injury?

When someone is hurt because of the carelessness or recklessness of another, that person has the right to file a personal injury claim. Accidents involving vehicles, dog bites, and slip-and-falls on private land all qualify as potential grounds for a personal injury lawsuit in Dallas.

There are a few main components that make up a personal injury claim:

1. The allegedly careless person has a responsibility to act reasonably.
2. The accountable party failed to use reasonable care.
3. This person's reckless behavior resulted in your injuries and other damages.

Your lawyer will need to prove that the defendant owed you a duty of care and that breaching that obligation was what caused your damages. A duty of care may be considered or unofficially defined as the responsibility to take reasonable precautions to protect another person from harm. For instance, drivers are responsible for abstaining from engaging in reckless actions when behind the wheel.

Because Texas has such stringent restrictions and penalties against driving under the influence of alcohol or drugs, the existence of a duty of care may be simple to establish in some circumstances. However, there are other circumstances in which things may not be as black and white as they first seem.

For example, despite the fact that it may seem to be an apparent need for company owners to ensure the safety of their customers by taking reasonable precautions, there may be some gray areas around certain instances of premises liability in the state of Texas.

In order to get compensation for your injuries and other losses, your attorney must prove that the negligent party's conduct fell below what a reasonably prudent person would have done in the same situation. To determine what reasonable care level applies to your case, you should talk to a personal injury lawyer in Texas.

What is a Violation of Duty of Care?

Next, your attorney will have to show that this duty of care was broken. Your attorney may contend, for instance, that the business's failure to advise consumers to avoid a broken sidewalk outside the store constitutes a violation of the shop's duty of care.

Third, you have to show that the defendant's carelessness or negligence caused your losses. Although other variables may have contributed, your accident lawyers must prove that the negligent party was still solely liable for your injuries.

Your award of damages will also be lowered if you are judged to be partially at fault. In Texas, compensation for accident losses is only possible if the victim is under 50% at fault, as per the state's revised comparative liability statute.

And finally, you must prove that you've actually sustained or suffered injuries and other damages in the accident in question. These damages will include aspects such as medical bills, repair costs, loss of income, ongoing treatment expenses, and much more.

Call the Rasansky Law Firm For Personal Injury

Every year, tens of thousands of people living in Texas and the Dallas region lose their lives as a result of automobile accidents. Adding insult to injury, these incidents leave some of the victims permanently unable to work or move on with their day-to-day lives.

Needless to say, you must contact a Dallas injury attorney immediately if you're dealing with the aftermath of a significant automobile incident caused by another driver's negligence. You might be eligible for compensation to help with your losses and upcoming bills.

In addition, at the Rasansky Law Firm, our accident attorneys have worked with victims of accidents brought on by negligent drivers for over three decades. To help our clients get the justice they are due, our seasoned and caring attorneys provide them with sound advice they can rely on.

We will investigate the specifics of your accident, compile the relevant information, and evaluate your legal possibilities. If you've been hurt in a car accident in Texas and want to know what to do next, contact (214) 651-6100 to schedule a free first consultation with a lawyer. Whatever it takes, our Dallas automobile accident attorneys will fight for the maximum compensation you deserve.