Personal injury claims cover a wide spectrum of possible events. The criteria that elevates an injury to a personal injury claim is negligence. If someone behaved in a way that went against what was expected and caused you harm, then they may have behaved negligently. To have grounds for collecting compensation, your Carrollton personal injury lawyer will work to demonstrate each step to proving negligence.
If you have suffered injuries because of the negligent actions of another person or party, call Underwood Law Office today at (972) 535-6377. We can give you a free case review of your legal options regarding your personal injury case. If you qualify, we can take your case on a contingency-fee-basis. You will pay us attorney fees unless we collect compensation for you in the form of a negotiated settlement or court award.
Having to pay for the injuries someone else caused you is not right. You deserve the time to heal and the money to cover your losses, all your losses. Call today.
Proving Negligence in a Personal Injury Claim
To prove negligence in a personal injury claim, there are four stages you must show. Each stage builds upon the previous stage. Those stages are:
Duty of Care
In our everyday interactions, we have expectations from those we work and socialize with. Whether we are driving on a road, seeing a doctor, or shopping at a grocery store, we have the expectation that the other drivers, doctors, and spaces we use will function in a way that is intended and to do no harm. We expect drivers to obey the rules of the road. We expect doctors to follow medical standards. We expect grocery store owners to keep their aisles free of hazards. This expectation is the duty of care, the responsibility we expect from others to not cause us harm.
Breach of Duty
When people fail to behave in a way that we expect or away from a social or professional norm, they may be breaching the duty of care. Using the examples above, a driver weaving between traffic recklessly, a doctor prescribing a wrong medication for a patient, or a grocery store manager leaving a puddle on the ground are all examples of a breach of duty.
If the breach of the duty then leads to an accident and injuries, we consider this the causation. Continuing the examples, the driver struck a motorcyclist they failed to see when changing lanes, the doctor caused the patient heart problems prescribing conflicting medications, or a shopper slipped and fell on the puddle.
Following the accident, the victim incurs injuries and losses. We refer to these as damages. Damages could include economic losses, such as medical bills, car repairs, and lost wages. They may also include non-economic losses, such as pain and suffering, emotional trauma, and a loss of enjoyment in life.
If you have suffered injuries in an accident and want to know if you can pursue a personal injury claim, call Underwood Law Office at (972) 535-6377. We can go over the circumstances of your personal injury in a free consultation. Our Carrollton personal injury lawyers can assist you with building a claim and getting the compensation you may deserve.
For a free legal consultation with a personal injury lawyer serving Carrollton, call (972) 535-6377
The Personal Injury Cases We Can Handle
Underwood Law Office handles a wide variety of personal injury cases. We can help with:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Medical malpractice
- Birth injuries
- Nursing home abuse
- Dangerous drug cases
- Dog bites and animal attacks
- Premises liability injuries, including slip and falls, negligent security, and more
- Wrongful death
If you do not see an example of your personal injury claim listed above, do not worry. Call us and speak with a member of our team. We may be able to probably help.
Carrollton Personal Injury Lawyer Near Me (972) 535-6377
Texas’ Statute of Limitations
An important law to keep in mind with personal injury claims is the statute of limitations. The statute of limitations is a deadline you have to file a personal injury lawsuit in the courts of Texas. Under Texas Civil Practice and Remedies Code § 16.003, you generally have two years to file a lawsuit with the courts. If you miss this deadline, the courts may not allow you to file a lawsuit to pursue damages.
There are some additional points to consider. We say that you generally have two years for most personal injury claims, but there are extenuating circumstances that can shorten or lengthen that deadline. Cases involving children may lengthen that deadline, whereas cases involving a municipality may shorten it. Your case is unique, and your lawyer can review your deadline with you.
Comparative Negligence in Texas
In addition to the importance of the statute of limitations is how the comparative negligence laws of the state may affect your claim. Under Texas Civil Practice and Remedies Code § 33.001, you may not recover damages if you are more than 50 percent responsible for causing the accident.
Also, the percentage of fault you bear will reduce your court award. For example, if the judge awards you $10,000 in damages, but he or she decides that you are 10 percent at fault for the accident, then you will only receive $9,000.
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Call Underwood Law Office Today for a Free Case Review
You should not pay for the damages you have suffered due to the negligence of others. You have a right to pursue compensation for your losses. Speak with a member of our team and learn if your personal injury claim qualifies.
For a free case review, call Underwood Law Office today at (972) 535-6377. Our Carrollton personal injury lawyer can help you build a claim and seek monetary recovery. We can:
- Gather evidence
- Investigate the accident
- Speak with eyewitnesses
- Consult with experts
- Identify the liable parties
- Calculate your losses
- File your claim
- Negotiate with the insurance companies
- Represent you on trial
We will keep you posted on any changes and answer any of your legal questions. If we feel we can help you, we offer our clients our services on a contingency-fee-basis.
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