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Texas Auto Accidents

About Texas Auto Accidents

A lawsuit for negligence is a way to recover money for injuries caused by an at-fault defendant. 

The elements of negligence are the existence of a duty owed by one party to another, and a breach of that duty which causes both foreseeable, and compensable damage to a plaintiff. A Dallas personal injury lawyer must prove the case by presenting convincing evidence with respect to all these elements. 

Whether an injury was foreseeable is the primary factor involved in finding out whether a duty exists. In many cases, it’s the foremost and dominant consideration to make when you want to sue somebody for damages. Ask yourself, should the other person have known better? Or did they act reasonably? 

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Breach of duty is often a fact question. What does that mean? It means the question depends on what the facts were at the time of the incident that caused the harm. For example, when a motorist runs a red light, they have breached the duty to follow the rules of the road. It’s foreseeable that an injury is likely with cars being so heavy and dangerous. 

A Dallas personal injury lawyer must balance the likelihood of injury, the seriousness of the injury that happens, and the interest that must be given-up to avoid the risk. 

In the motorist example above, the likelihood of someone becoming seriously injured or killed is too high not to impose restrictions on other motorists. Therefore, the law imposes a duty on motorists to operate their vehicles in a reasonably prudent manner and follow the rules of the road. 

 

personal injury civil damages in Texas:

  • Physical pain the victim had in the past
    • Physical pain that, in reasonable probability, the victim will sustain in the future.
  • Mental anguish the victim had in the past.
    • Mental anguish that, in reasonable probability, the victim will sustain in the future.
    • Lost wages the victim had in the past
    • Loss of earning capacity the victim had in the past.
    • Loss of earning capacity that, in reasonable probability, the victim will have in the future.
  • Disfigurement the victim received in the past
    • Disfigurement that, in reasonable probability, the victim will have in the future.
  • Physical impairment the victim had in the past.
    • Loss of mobility, loss of ability, hindered, restricted from use of normal bodily faculties.
    • Physical impairment that, in reasonable probability, the victim will have in the future.
  • Medical care expenses, that in reasonable probability, will be incurred on behalf of victim in the future
    • Exact dollar figure not needed to be considered
    • Medical care expenses incurred on behalf of the victim in the past:
      • Physicians fees, dental fees, chiropractic fees, hospital bills, medicine expenses, nursing services, etc.
  • Loss of inheritance 
    • Loss of the present value of the assets that the deceased, in reasonable probability, would have added to the estate and left at natural death to the plaintiff.
    • Pecuniary loss sustained in the past
      • That is, loss of care, maintenance support, services, advice, counsel, and reasonable contributions of a pecuniary value.
  • Pecuniary loss that, in reasonable probability, will be sustained in the future.
  • Funeral Expenses
  • Exemplary damages
    • Damages awarded as a penalty or by way of punishment. Exemplary damages include punitive damages.
    • Bad acts that might not rise to the level of criminal activity but the law allows civil jurors to consider.

Consult a Dallas Personal injury lawyer. This website information is not intended as legal advice.  This website information should not be interpreted as forming an attorney-client relationship.

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