How to Prove Negligence in a Dallas Personal Injury Case

When you have been injured due to the negligence of another party, you may have the right to receive compensation for your injuries. However, proving negligence is more challenging than it may sound.

You need an experienced Dallas personal injury attorney to ensure each element of your case has the required evidentiary proof to succeed.

What is Negligence?

Negligence is failing to act with the same degree of care that a reasonably cautious person would use in a similar situation.

Everyone must act to avoid putting others at risk of harm.

To succeed in a Dallas negligence case, you will have to prove the existence of five elements:

1. Duty of Care - the defendant owed you a duty of care.
2. Breach of Duty - the defendant breached that duty of care by their negligent action or inaction.
3. Cause in Fact - the defendant’s negligent action or inaction directly caused your injuries.
4. Proximate Cause - a reasonable person would have known that this negligent action or inaction would cause your injury.
5. Damages -you suffered actual damages because of the defendant’s negligent action or inaction.

To succeed in a personal injury claim, your attorney must prove that these five elements exist by a preponderance of the evidence.

Duty of Care

Every person and entity owes a duty of care to others to avoid taking action that may cause another person harm.

For example, the driver of a motor vehicle owes a duty of care to others to operate the car in a manner that keeps other people safe from harm.

Breach of Duty

A breach of duty of care occurs when a person or entity fails to meet the standard of care that a reasonably cautious party would have acted with to avoid causing harm to others.

For example, the driver of a motor vehicle ran a red light and crashed into another person. If the plaintiff can show that a reasonably cautious person would not have run the red light, they may be able to prove there was a breach of duty.

Cause in Fact

You must prove that the defendant’s breach of the duty of care directly caused your injuries.

For example, if the defendant breached a duty of care by running a red light and crashing into your car, you must show that the defendant’s actions directly caused your injuries. In other words, you must prove that your injuries would not have occurred but for the defendant’s breach of duty.

Causation may seem straightforward. However, it can be complicated and must be supported with solid evidence. Proving causation is even more complex when multiple parties may share fault.

Proximate Cause

You must prove that the defendant knew or should have known their actions would have caused your injuries.

If the driver could have foreseen that their action in running the red light would have caused harm to another driver, you could prove proximate cause. However, if your injuries resulted from something the driver could not have foreseen, there is no proximate cause.

For example, suppose you suffered a whiplash in an accident caused by the driver running a red light, and you went to the hospital. Then, imagine that while you were at the hospital, you slipped on a wet hospital room floor and broke your hip.

There would be no proximate cause between your hip injury and the driver’s actions in running a red light. The driver could not have foreseen that you would be injured at the hospital from a wet floor.

Damages

A plaintiff must show that they suffered actual damages from the defendant’s breach of duty that caused their injuries. Actual damages can be tangible and intangible losses suffered by the plaintiff due to the defendant’s negligence.

You can generally recover three types of damages in a personal injury case. They are economic, non-economic, and punitive damages.

Economic damages are those that are easier to quantify. They include medical expenses, lost wages, loss of earning capacity, property damages, and other costs incurred due to your injuries.

Non-economic damages are more challenging to quantify but often more devastating than economic ones. They include mental and emotional distress, pain and suffering, loss of consortium, and loss of enjoyment of life.

Punitive damages, sometimes called exemplary damages, are not meant to compensate the victim but to punish the wrongdoer and deter similar future conduct. Punitive damages are rarely awarded. They are reserved for cases where the defendant’s conduct was particularly egregious or reckless.

How Will My Attorney Prove These Elements?

Your attorney must prove each element of your case with solid evidence. This is one reason you should consult with an experienced Dallas personal injury attorney as soon as possible.

Your attorney will want to promptly investigate your accident to determine the causes and potentially liable parties and to gather essential evidence.

Evidence can be lost, destroyed, or diminished over time. You want to identify and gather that evidence before it is too late.

For example, video footage is often overwritten quickly. Witnesses may not recall essential facts if you wait too long to get their statements, and other evidence may be discarded.

The type of accident will determine what evidence your attorney will use to prove your case. Some types of evidence could include:

• Surveillance video that captured the accident or the moments directly before or after the accident.
• The “black box” from a vehicle involved in the accident.
• Dash camera footage.
• Maintenance records on a vehicle involved in an accident
• Medical records
• Pay stubs and income tax returns
• Photographs of injuries and the accident scene
• Cell phone records
• Eyewitness testimony
• Expert witness reports and testimony

These are some possible types of evidence that could be used to prove your case. Your Dallas personal injury attorney will determine the strongest evidence to use.

What if I am Partially at Fault?

Texas uses a modified comparative fault rule. If you are less than 51% at fault, you may still seek recovery from the other at-fault parties. However, your compensation will be reduced by the percentage of fault assigned to you.

For example, if you are found to be 20% at fault and your damages award is $100,000, you would receive $80,000 because your percentage of fault (20%) is deducted from the total.

You need a skillful Dallas personal injury attorney who understands Texas’ comparative fault laws and who can effectively minimize any fault assigned to you and maximize your recovery.

Contact Bush & Bush Personal Injury Law Firm Today

The Dallas personal injury attorneys at Bush & Bush Law Group have extensive experience fighting for the rights of injury victims. We have recovered over $50 million in compensation for our clients.

We are small enough to provide compassionate, individual attention to every client and have the resources to recover maximum compensation for them.

If we take your case, we will fight tirelessly to get you every dollar you deserve.

Call us today at (469) 977-7777 or complete the short form on our contact page to schedule a free consultation.