When it comes to personal injury claims, there’s no shortage of things you need to know. And at the top of the list is a sound understanding of negligence. Negligence laws vary by location, so you must focus solely on the state in which you are filing a claim. At The Burkett Law Firm, we have been fighting for the rights of Texas injury victims for three generations. For that reason, we are in the unique position to not only explain the meaning of negligence but also help victims obtain the compensation they deserve. The first thing you need to know is this: in Texas, you have the legal right — as an injured party — to seek financial compensation for damages resulting from another person or entity’s negligence. Examples include but are not limited to:
- Drunk driving
- Distracted driving
- Reckless driving
- Lack of safety training in the workplace
- Duty: This is all about the duty of the defendant to act in a specific way. For example, a driver has a duty to follow the rules of the road, so driving twice the speed limit is not only against the law but it is dangerous to others.
- Breach of duty: Sticking with the example above, a breach of duty could be a person driving fifty miles per hour in a twenty-five mile per hour zone.
- Cause in fact: Proof that your injury was caused by the breach of duty. For instance, you would not have been injured in a car accident if the driver obeyed the speed limit.
- Proximate cause: The idea that a reasonable person would realize that the action they took was a bad idea.
- Damages: The ability to prove that you suffered hardship related to negligence, such as a motor vehicle accident that caused serious injuries.