Imagine driving down I-35 in Austin when suddenly a car swerves into your lane, causing a collision. Or picture walking through a grocery store in Houston and slipping on an unmarked wet floor. These scenarios highlight the unfortunate reality of personal injury incidents. Personal injury claims are crucial for those who have been wrongfully injured, and understanding negligence is a pivotal part of winning these cases in Texas.

Negligence is basically when someone doesn't act as carefully as a reasonable person should.

In Texas, proving negligence is important to securing compensation for injuries. This blog will dive deep into the role of negligence in Texas personal injury claims, providing valuable insights for residents of San Antonio, Houston, Austin, Dallas, and El Paso and other areas.

If you’ve been injured as a result of someone else’s negligence, give the Ali Law Group a call today at (210) 667-2920.

 

What is Negligence?

Negligence is when someone fails to take reasonable care to avoid causing injury or loss to another person. It's about a breach of the duty of care owed to others. For instance, in Houston, if a property owner neglects to fix a broken sidewalk and someone trips and gets injured, that's negligence. In this scenario, the property owner may have been negligent in maintaining a safe sidewalk, creating a hazard for pedestrians.

Duty of Care

The duty of care is a legal obligation to act reasonably to avoid harming others. Property owners, for example, must maintain safe premises for visitors. When they fail, and someone gets hurt, the injured party can claim negligence.

 

Elements of a Negligence Claim in Texas

To win a negligence claim in Texas, four main elements must be proven:

• Duty of Care: The defendant owed a duty of care to the plaintiff.
• Breach of Duty: The defendant breached this duty by acting unreasonably. Example: A speeding driver in Dallas ignoring traffic signals.
• Causation: The breach caused the plaintiff's injury. The "but-for" test: But for the defendant's negligence, the injury wouldn't have happened.
• Damages: The plaintiff suffered compensable damages due to the injury. This can include medical bills, lost wages, and pain and suffering.

 

Common Examples of Negligence in Texas Personal Injury Claims

Here are some specific examples:

Car Accidents

Reckless driving, drunk driving, and distracted driving are common causes of car wrecks. For instance, a distracted driver on I-45 in Houston can cause serious collisions.

Slip and Fall Accidents

Property owners must ensure their premises are safe. Wet floors in a San Antonio grocery store or uneven sidewalks in El Paso can lead to slip-and-fall accidents.

Medical Malpractice

Medical professionals are expected to meet a standard of care. When a surgical error occurs in a Dallas hospital, it can lead to a valid negligence claim.

Product Liability

Consumers have the right to safe products. If a defective product purchased at a Fort Worth department store causes harm, the manufacturer can be held liable.

 

Personal Injury Attorney Areas of Practice

Personal injury encompasses various accidents and damages leading to physical, mental, and emotional harm. At Ali Law Group, we are experienced in handling all types of personal injury claims and are well-versed in Texas negligence laws, ensuring you get the support you need.

We can assist with the following:

• Car Accidents
• Motorcycle Accidents
• 18-Wheeler Collisions
• Plant Explosions
• Products Liability
• Personal Injury
• Boating/Maritime Incidents
• Wrongful Death
• Aviation/Airplane Incidents
• Oil Rig Incidents
• Construction-Site Incidents
• Substance Inhalation Incidents
• Pharmaceutical Liability
• Company Vehicle Collisions
• Building Fires

 

Steps to Take After a Personal Injury in Texas

If you've been injured due to negligence, take these steps:

• Seek medical attention immediately.
• Document the scene of the accident (photos, videos, witness statements).
• File an accident report (if applicable).

Contact an experienced personal injury attorney in Texas, especially those familiar with local laws in San Antonio, Houston, Austin, Dallas, or El Paso like the Ali Law Group.

 

Why You Need an Attorney for Your Texas Personal Injury Claim

Texas personal injury law can be complex, especially in major cities like Houston and Dallas with high volumes of cases. Having a qualified attorney on your side can significantly improve your chances of success. Here's why:

Understanding Local Laws and Court Systems:

Laws can vary slightly from city to city. An attorney with experience in your specific Texas city can ensure your case is handled according to local regulations and court procedures. This can be especially crucial in areas with complex court systems or a high volume of personal injury cases.

Gathering Evidence and Building a Strong Case

An attorney can help you gather and analyze evidence to support your claim. This may include medical records, accident reports, witness statements, and expert testimony. A strong case increases your chances of receiving a fair settlement or winning a court case.

Negotiating with Insurance Companies

Insurance companies often try to minimize payouts. An attorney can negotiate with the insurance company on your behalf to ensure you receive the compensation you deserve. This includes negotiating for various types of damages, such as:

Medical expenses

Past, present, and future medical bills related to your injury.

Lost wages: Income you lose due to your injury and the inability to work.

Pain and suffering: Physical and emotional pain caused by your injury.

Property damage: Damage to your car or other property resulting from the accident.

Loss of future earning capacity: If your injury affects your ability to earn a living in the future.

Representing You in Court: If your case goes to court, an experienced attorney can represent you effectively and protect your rights throughout the legal process.

 

Important Note:  In Texas, there is generally a two-year statute of limitations for filing a personal injury lawsuit. This means you typically have two years from the date of your injury to file a claim.

 

The Ali Law Group's Commitment to Helping Texas Personal Injury Victims

The Ali Law Group understands the physical, emotional, and financial challenges faced by victims of personal injury in Texas. We are committed to providing compassionate and effective legal representation to help you recover the compensation you deserve.  Our team has extensive experience handling personal injury cases across Texas, including major cities like San Antonio, Houston, Austin, Dallas, and El Paso.

We offer a free consultation to discuss your case and answer any questions you may have. Contact the Ali Law Group today at (210) 667-2920 to schedule a consultation and learn more about how we can help you.