No one begins their day expecting to end up in the emergency room or hospitalized from a serious injury, yet a life-altering injury can happen in an instant. When the injury was preventable if only someone else hadn’t been careless, reckless, or intentionally wrongful in their actions, it’s even more devastating.
A personal injury claim against the responsible party doesn’t turn back the clock and erase the injury, but it helps a personal injury victim move forward with fewer financial anxieties and brings them a sense of justice. Before a Carrollton personal injury lawyer can make a compelling claim on behalf of an injury victim, they must have clear, concise evidence of the at-fault party’s liability.
Proving Liability In a Personal Injury Claim In Texas
Texas has fault-based injury laws that require clear evidence of the responsible party’s liability before an insurance company or a court will agree that the injury victim has the right to a legal remedy for their injury-related losses. A personal injury lawyer representing an injury victim conducts an independent investigation into all aspects of the accident or incident to compile evidence of liability. Establishing liability in a Texas personal injury claim requires evidence demonstrating the following:
- The at-fault party owed a legal duty of care to the injury victim, such as a driver’s duty to avoid texting and driving, or a property owner’s duty to repair a broken handrail on a staircase
- They breached their duty of care through negligence (which may be carelessness, recklessness, or wrongdoing)
- The breach of duty caused an injury
- The injury victim suffered damages from the injury
Most categories of personal injury law rely on establishing liability based on the above points, but a product liability claim arising from a defective product injury has different requirements for proving liability. Instead of proving negligence, the injured party must show that the product had a design defect, a marketing mistake, or a manufacturing error.
Proving Damages In a Texas Personal Injury Case
In addition to establishing the at-fault party’s liability in a Texas personal injury claim, the claimant must show that the injury caused them damages. There are two categories of damages: economic damages and intangible non-economic damages that cause physical and emotional harm. The common damages recovered in Texas personal injury claims include:
- Total past and future medical expenses
- Out-of-pocket costs
- Total past and future income loss or reduced future earning ability
- Compensation for pain and suffering
Additional compensation may be available if the evidence shows that the injury victim suffered permanent harm, such as disfigurement, limb loss, organ loss, damaged vision, hearing loss, or diminished quality of life due to disability or chronic pain.
How Does a Texas Personal Injury Attorney Establish Liability and Prove Damages in a Claim?
Because Texas has fault-based personal injury and wrongful death laws, the insurance companies involved assign adjusters to investigate the case. Unfortunately, the insurance company’s goal of protecting its profits directly conflicts with a personal injury victim’s goal of obtaining full and fair compensation.
By hiring an experienced Texas personal injury lawyer, the injury victim has a strong ally on their side who investigates all aspects of the injury and documents evidence of the negligent party’s liability. Then, they consult with medical experts to determine the full physical and financial impacts of the injury to prove the full scope of the injury victim’s damages.
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