To build a strong personal injury case in Texas, a personal injury attorney must typically prove the following key elements:
1. Duty of Care
The attorney needs to establish that the defendant (the party being sued) owed a duty of care to the plaintiff (the injured party). Duty of care refers to the legal obligation to act reasonably and responsibly to avoid causing harm to others. For example, drivers have a duty of care to operate their vehicles safely and follow traffic laws.
2. Breach of Duty
The attorney must demonstrate that the defendant breached their duty of care. This means showing that the defendant failed to act reasonably or negligently, thereby causing harm to the plaintiff. Negligence could include actions such as reckless driving, medical errors, or a failure to maintain safe premises.
3. Causation
The attorney must establish a causal connection between the defendant’s breach of duty and the plaintiff’s injuries. They must demonstrate that the defendant’s actions or negligence directly caused or substantially contributed to the harm suffered by the plaintiff. It must be shown that the injuries would not have occurred “but for” the defendant’s actions.
4. Damages
The attorney must prove that the plaintiff has suffered actual damages as a result of the defendant’s breach of duty and the resulting injuries. Damages can include medical expenses, lost wages, property damage, pain and suffering, emotional distress, and other related losses. It’s essential to quantify and document the extent of the damages incurred by the plaintiff.
5. Negligence
In certain situations, the attorney may be able to establish negligence per se, which means that the defendant violated a specific law or regulation designed to protect against the type of harm suffered by the plaintiff. In such cases, proving the violation of the law can automatically establish the defendant’s negligence.
These elements may vary depending on the specific jurisdiction and the type of personal injury case involved. Additionally, each case is unique, and the burden of proof lies with the personal injury attorney to present compelling evidence and arguments to support these elements and ultimately win the case.
McKay Law Is Here for Your Personal Injury Case in Texas
If your personal injury does not fit into one of the categories listed above, don’t worry. Additionally, if you lack the funds to hire a good Texas personal injury lawyer, don’t worry. If we lose your case, you owe McKay Law nothing. The following benefits are provided by us as knowledgeable Texas personal injury attorneys.
Our attorneys have 20 years of experience, thousands of cases won or successfully settled, a wealth of knowledge in complex cases, and have successfully fought off (and defeated) some of the insurance companies that were being represented by some of the best law firms in the nation.
Our personal injury attorneys have spent their entire professional lives practicing law in Texas, and we are familiar with all of the local players in each county and city around the state.
The entire state of Texas is where we serve our clients.
Free Consultation 24/7 – Contact McKay Law Today!
A personal injury specialist should be retained by an injured crash victim to determine if the at-fault parties have adequate insurance. If there is insufficient at-fault insurance, an experienced personal injury lawyer can begin the process of filing an uninsured or underinsured motorist claim.
However, many insurance companies do not treat these claims fairly. Therefore, a skilled personal injury lawyer at McKay Law can help a victim overcome these obstacles, obtain MRI for personal injury case, and avoid errors in personal injury cases.
Contact McKay Law now to discuss your case at (903) INJURED / (903) 465-8733 or (903) ABOGADA / (903) 226-4232. The consultation is free, and there is no obligation. NO FEES UNLESS WE WIN!
