Our Nationwide Personal Injury Lawyers Can Help You Determine if You Have a Claim for Compensation
After you’ve been hurt in a motor vehicle accident or another type of accident caused by another person’s negligence, the law allows you to seek reimbursement for the damages you’ve suffered. This includes your medical expenses, lost wages, and property damage, as well as compensation for pain and suffering.
At Dortch Lindstrom Livingston Law Group, our experienced personal injury lawyers can help you determine if you have a valid claim and maximize your available compensation. There’s no cost or obligation associated with your initial consultation, so we encourage you to reach out to our office today to discuss your next steps.
4 Key Elements of a Texas Personal Injury Claim
To have a valid personal injury claim, there are four main elements that must be present.
Duty of care
The defendant (the person or entity that caused your accident) must have owed a duty of care to the plaintiff (you). For example, a driver must operate their vehicle with reasonable care to avoid injuring other motorists.
Breach of duty
To have a valid claim, you must be able to prove that the defendant breached or violated their duty of care through an act or failure to act. This could involve negligence, recklessness, or intentional misconduct. For car or truck accidents, speeding, tailgating, distracted driving, or drunk driving are all examples of situations that would demonstrate a breach of duty.
Causation
The defendant's breach of duty must have been the actual and proximate cause of your injuries. In other words, you must be able to prove that the accident caused your specific injuries. (If you have a preexisting condition, you must simply prove that this condition was made worse by the accident.)
Damages
You must have proof that you suffered damages as a result of the defendant's actions or inactions. Economic damages include medical bills, lost wages, and property damage that can verified with bills, invoices, receipts, and other forms of documentation. Non-economic damages include pain and suffering and other types of losses that would need to be subjectively evaluated.
Other Personal Injury Requirements to Consider
The legal requirements for a valid personal injury claim will vary somewhat depending on the circumstances surrounding your case. In addition to evaluating duty, breach of duty, causation, and damages, you must also consider:
Specific case details
Each personal injury case is unique, and the details of your situation may influence the validity of your claim. Factors such as the nature of your injury, the relationship between the parties involved, and the specific actions or inactions that led to the harm can all play a role in determining the strength of your case.
Statutes of limitations
Personal injury claims are subject to strict time limitations known as statutes of limitations. These laws specify the time frame within which a claim must be filed. Failing to meet these deadlines can result in the dismissal of your case, regardless of its merits.
Contributory or comparative negligence
In some jurisdictions, the concept of contributory or comparative negligence may be relevant. This doctrine considers whether you contributed to the circumstances that led to your injury and could potentially either reduce or eliminate your ability to recover damages.
Possible legal defenses
Depending on the specifics of your case, the defendant may have various legal defenses available to them. These defenses, if successfully argued, could potentially invalidate or mitigate your personal injury claim.
We’re Here to Help You Move Forward
Seeking compensation for the harm you’ve suffered isn’t easy, but you’re not alone. With our help, you can hold the at-fault party accountable for your injuries and get the funds you need to move forward with your life.
At Dortch Lindstrom Livingston Law Group, our experienced personal injury lawyers can evaluate the unique circumstances of your case, advise you on the applicable laws and regulations, and explain the best course of action to pursue. Refer to our case results to learn how we’ve helped people just like you successfully resolve their injury claims.
