At The Daspit Law Firm, we believe that you should not be forced to pay the price for another person's negligence. Whether you were injured in a slip and fall or have lost a loved one in a catastrophic truck collision, you can come to us for help. We may be able to recover financial compensation for all of your losses, as well as holding the other party for his or her negligent actions. Let our negligence attorney fight for you.
Some accidents are fault of the person who was injured. Others can only be attributed to bad luck. When careless, reckless or otherwise negligent actions cause accidents, the victims can pursue legal action for monetary damages. If you have been hurt or have lost a family member in an accident resulting from the negligence of another person or a corporation, you may have grounds to file a personal injury or wrongful death lawsuit.
In order to prove a claim of negligence, it is necessary to demonstrate the elements of the case. First, the defendant must have owed a legal duty to the plaintiff. Second, the defendant must have done something, or failed to do something, that constituted a breach of this duty.
Finally, this breach of duty on the part of the defendant must have been the proximate cause of the plaintiff's injury. As an example, a physician owes each of their patients a duty of care, and is expected to perform at certain standards of practice to ensure the safety and well-being of the patient.
If the doctor fails in this duty and if the patient consequently suffers an injury or worsening of condition, the patient may be able to sue for medical malpractice. Similarly, anyone who gets behind the wheel of an automobile owes a duty of care to everyone else on the road, and can be held legally liable for causing an accident through negligent behaviors such as texting while driving, violating the traffic safety laws, and driving drunk.
Any time a person or corporation should have done something, or refrained from doing something, and thereby causes injury or death, there is most likely cause to file a lawsuit to recover damages.
Texas is a modified comparative negligence law state with a complex element to the law. The state uses a comparative fault principle when considering negligence in an accident. This approach divides the blame for the crash on “proportionate responsibility,” which can reduce the victim’s compensation based on their level of fault.
The element that Texas adds to comparative negligence is the 51% bar. This rule states that you will be unable to receive compensation if you were 51% or more at fault for the accident. Therefore, you can receive a portion of compensation for the accident, but if you were more than 50% responsible, you lose and don’t receive compensation.
The goal of a personal injury or wrongful death claim is to provide the accident victim or surviving family members with sufficient financial compensation to ensure that they are not forced to carry the economic burden of the defendant's negligence.
This includes economic damages for medical expenses and lost income, as well as noneconomic damages for pain, suffering, emotional distress, and loss of enjoyment of life, among other things. In some cases, it is also possible to claim exemplary damages, also known as punitive damages, when it is proven that the injury was caused by fraud, malice or gross negligence on the part of the defendant.
You can still recover, as long as you were not more than 50% responsible. Texas follows a modified comparative negligence rule known as proportionate responsibility. A jury assigns each party a percentage of fault, and your award is reduced by your share. If your damages are $100,000 and you are found 20% at fault, you recover $80,000. But under the 51% bar rule, if you are found 51% or more at fault, you recover nothing. This is precisely why insurers work so hard to shift a portion of blame onto you, and why what you say in an early recorded statement matters so much. Call (888) 273-1045 before you discuss fault with any adjuster.
Every negligence case requires all four. First, duty: the defendant owed you a legal duty of reasonable care. Second, breach: they did something, or failed to do something, that a reasonably careful person would not have. Third, causation: that breach was the proximate cause of your injury. Fourth, damages: you suffered an actual, provable loss, such as medical expenses, lost income, or pain and suffering. If any one of the four is missing, the claim fails, which is why the evidence gathered in the first weeks after an injury so often decides the outcome.
Ultimately a jury, but in practice it is negotiated long before that. In settlement talks, the insurance company assigns a percentage based on the police report, witness accounts, photographs, and any statements you gave. That number is an argument, not a finding, and it can be challenged with better evidence: scene reconstruction, vehicle damage analysis, traffic camera footage, or expert testimony. Our attorneys treat an adjuster's fault assessment as an opening position rather than a fact.
Gross negligence is conduct that goes beyond carelessness into a conscious disregard for the safety of others, such as a company that knew equipment was dangerous and kept using it, or a driver who was severely intoxicated. It matters because it opens the door to punitive damages, which are awarded to punish the wrongdoer rather than to compensate you, and which are separate from and in addition to your ordinary damages. Gross negligence claims require a higher standard of proof, so they need to be built deliberately from the start of a case.
Negligence is the legal foundation beneath most of our practice. It underpins car, truck, and motorcycle accident claims, premises liability and slip and fall cases, construction and industrial injuries, non-subscriber work injuries, negligent security cases, medical malpractice, and wrongful death. It also supports claims against companies for negligent hiring, training, supervision, or maintenance. With more than 50 attorneys and over $500 million recovered, we are able to build the expert proof these cases require.
Generally two years from the date of the injury, and two years from the date of death in a wrongful death case. Shorter deadlines apply in some situations, including claims against a city, county, or state entity, which can require written notice within as little as six months. Medical malpractice claims require pre-suit notice. Claims on behalf of an injured child are usually paused until the child reaches 18. Because the deadline is not the only clock that matters, call us as soon as you can.
Contact our office now for a free case evaluation to find out whether you have grounds to sue for negligence.
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At The Daspit Law Firm, Our Team of Attorneys Handles the Full Range of Personal Injury Cases, Including Car and Truck Accidents, Industrial Accidents, Construction Accidents, Maritime & Offshore Accidents, and Much More.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
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