Austin Negligence Attorney
Seeking Full Compensation for Your Injuries
Most personal injury cases are built upon the fact that negligence led to the accident. Negligence can be a wrongful action taken by an individual or group, or it can be from a failure to act to prevent harm. Car and truck drivers cause serious injury and even death to motorcyclists, pedestrians, and bicyclists when they act negligently and operate their vehicles in such a way that puts the public at risk.
Property owners put their visitors and employees in danger of slip and fall accidents and other injuries when they do not maintain the safety of their premises, and pet owners can cause severe harm when they do not protect others from dog bites. The tragic drowning deaths of both children and adults are often caused by the inattention and negligence of boaters and swimming park workers.
What Are the Elements of a Negligence Case?
In order to make a legitimate negligence claim for any type of personal injury case, a very specific set of elements must be present. Failure to include the necessary components of a negligence case could systematically detract from the fundamental claim being made, thus effectively diminishing your ability to secure the compensation that you deserve.
Given the strict legal requirements associated with making a negligence claim, it is extremely important that you involve anAustin personal injury lawyer from our firm as early on in the process as possible. Doing so will ensure that each step of the legal process is executed according to expectations, thereby enhancing your ability to secure compensation. The following elements must be present in order to make a viable claim of negligence:
Defining whether or not a duty was owed to the victim of an accident is a critical aspect of a negligence claim. If the law recognizes a relationship between the plaintiff, i.e. the victim, and the defendant, i.e. the responsible party, which suggests that the defendant owed the plaintiff a duty, the basis for a negligence claim will be infinitely stronger.
Breach of Duty
Equally important to proving that a duty was owed is proving that this duty was breached. Failure to exercise reasonable care in the fulfillment of a duty is accepted as a breach of that duty, and breaches are determined by a jury panel as a question of fact.
Cause in Fact
Also commonly referred to as the “but-for” portion of a negligence claim, cause in fact requires the plaintiff to prove that his or her injury was caused by specific actions of the defendant. For example, “but for the defendant’s action, the plaintiff would not have been injured.”
The scope of responsibility for a defendant is also a big consideration in negligence cases. Accordingly, the defendant cannot be held liable for any harm which was caused beyond his or her ability to foresee it. A defendant’s proximate cause is only as strong as his or her ability to foresee the scope of risks associated with their actions.
The plaintiff of a negligence case must be able to prove that he or she suffered from a legally recognized form of harm. This type of harm is usually understood to be physical injury and or property damage. If reasonable care was not exercised, but no damages resulted, a negligence claim cannot be reasonably made.
For all elements of your case, you could benefit immensely from having an experienced attorney on your side. When you’re guided through the process under the care of a legal professional, you will not need to worry about mistakes or oversights. Therefore, you should not hesitate to contact the Loewy Law Firm for the professional support that you both need and deserve as you make a negligence claim in the state of Texas.
Did Negligence Lead to Your Accident?
Personal injury cases often heavily depend on an understanding of the law’s technicalities, so it is imperative that you enlist the representation of an experienced law firm. Defendants may hire fancy and expensive lawyers to argue that they have no fault in the accident, but our aggressive advocacy and notable negotiation abilities makes us a powerful force to contend with. We will fight tirelessly to uphold victims’ rights.
Our lead attorney, Mr. Loewy, has helped countless clients receive compensation for their injuries, because we are devoted to providing people with the support they need to put their lives back together after a traumatic accident. We develop compelling and comprehensive cases through intense preparation and detailed knowledge of the law so that every client receives the strongest opportunity for success. You should not have to suffer pain and deal with mountains of medical bills for an accident caused by the carelessness and recklessness of someone else.