Take These 4 Steps To Prove Your Texas Personal Injury Claim
If you have been injured in an accident, the law allows you to seek compensation for your personal injuries. However, determining what you are entitled to and how to pursue the case can be challenging if you are unfamiliar with the laws and procedure in your jurisdiction. When it comes down to filing a personal injury claim, it’s important to act promptly. To get you started on the right track, here are four facts that matter in every personal injury lawsuit.
Proving Damages and Liability for Personal Injury
To successfully pursue a personal injury claim, you’ll need to prove more than just your injuries. A valid personal injury claim requires that the injured party be able to prove both damages and liability. Here are the four steps to establishing the burden of proof:
- The defendant owed you a duty of care. The duty of care is the legal obligation someone has to keep you safe while you are using their services, or exposed to their actions. For example, a motorist has a duty to fellow drivers, pedestrians, and bystanders, to pay attention to the road and should take care not to become distracted.
- The defendant breached their duty of care. This simply means that the defendant failed to keep you safe from harm and perhaps failed to act in a reasonable way. Texting while driving or any other type of distracted driving can be seen as a breach of the duty of care.
- You must have suffered injuries and have damages. These can be either physical injuries or psychological. You can recover money damages for emotional injuries, in addition to physical injuries. Proof of injury is usually made through demonstrative evidence like medical records, a testimony of medical providers, and photographic evidence. If you successfully prove liability, you can recover damages for any of the following: medical expenses, pain and suffering, lost wages, disability, and emotional injury.
- The defendant’s breach of the duty of care was the cause, or at least a partial cause, of your injuries.
You May Have a Case Even if You Were Partially at Fault
Texas, and 32 other states, follow the Modified Comparative Fault Rule. This means that if you suffer an injury in Texas, you may be able to recover damages from the other party as long as he is 51 percent or more at fault. Your personal injury claim may be reduced, if it is proven that you were partially responsible for causing the accident.
Proving Emotional Injury
As we discussed earlier, it is possible to recover monetary damages for any emotional distress related to your injuries. Damages for emotional distress, such as pain and suffering, are more difficult to prove. Therefore, it is very important to seek the assistance of an experienced Round Rock personal injury lawyers who will help you get the full amount of money to which you are entitled. If you have suffered a personal injury and want to find out if you have a case, the experienced personal injury attorneys at Elissa I. Henry Law Firm, PLLC are here to help. Contact us for a free consultation.