Four things in personal injury lawsuits must be established. They include:

  • Duty
  • Breach of duty
  • Causation
  • Damages

A respondent needs to be owed a duty of care to the injured individual in order to be held liable for negligence. And they must have breached that duty by failing to meet the care standard. The primary cause of the injuries that occurred must be breach of duty of the defendant.

Recently suffered personal injuries and want to prove this negligence? You need the services of experienced Houston injury lawyers. They can help you prove negligence and ensure you receive just compensation.

Owed A Duty To Another Individual? When Does This Occur?

Houston and the whole state of Texas recognize a universal duty of care. That means every person owes a responsibility to every other individual to use reasonable care in their everyday actions to avoid foreseeable injuries and financial losses. The standard of care for every individual’s duty can change.

In most cases, the standard of care for responsibility requires an individual to act in a reasonable manner. However, according to a knowledgeable personal injury lawyer Houston, the standard of responsibility can change depending on some special circumstances. For instance, a doctor or child would have varying standards of care compared to an average individual.

When Has Someone Breached Their Duty?

Every person is entitled to prevent foreseeable injuries and financial losses to another individual to whom they owed a duty. So, what about when a person fails to do this? It means they have breached their duty. If the resulting injuries and financial losses were foreseeable, the defendant won’t be held accountable.

So, if an individual didn’t know that something would result in an injury or loss, but they should have known, and it’s common knowledge, they can be held responsible for negligence.

When Is A Breach Considered A Cause Of Injury?

The respondent owed a duty to the complainant? And they breached it? A claim for negligence will be successful. But this is only true when the respondent’s breach of their duty caused the injuries alleged by the complainant.

The conduct of the defendant will be considered the main cause of injuries and financial losses if it’s a significant factor in the creation of the damage. Multiple causes can lead to an injury. Sometimes, another cause can be significant and unanticipated, that it supersedes the actions of the defendant and cuts off the respondent’s liability. Causation will only be satisfied when there isn’t an overriding cause.

When Does The At-Fault Party Pay Tor The Damages & Losses?

Damages are the final element of negligence. This final element requires that the jury asks the at-fault party to compensate the plaintiff for their injuries. This is only possible once the complainant proves the negligence of the defendant.

Usually, the at-fault individual will pay for the damages and losses via monetary compensation for expenses like property repair and medical care. The plaintiff must prove that their injuries and losses warrant payment accordingly.

Can A Personal Injury Lawyer Houston Help?

Have you been injured as a result of an at-fault party’s laxity? A knowledgeable personal injury lawyer Houston can help. You’ll maximize the lawyer’s expertise and skills. That means you’ll prove the negligence of the at-fault party. And what next? Receive just compensation.