Most personal injury cases come down to one idea: negligence. If someone failed to act with reasonable care and you were hurt as a result, you may be entitled to compensation. The Daspit Law Firm helps Victoria residents understand and prove negligence. Call (888) 273-1045 for a free consultation.
Negligence means failing to use the level of care that a reasonably careful person would use in the same situation. It does not require bad intent, only carelessness that causes harm.
• Texting while driving
• A business ignoring a known hazard
• A doctor missing an obvious diagnosis
• An employer skipping safety training
• A manufacturer ignoring a known defect
Intentional wrongs are a different category of law. Negligence covers carelessness, though both can lead to civil claims.
The person or business owed you a duty of reasonable care, as drivers do to other road users and businesses do to customers.
They failed to meet that duty.
The failure caused your injury, meaning it would not have happened without it, and the harm was a foreseeable result.
You suffered real losses, such as medical costs, lost income or pain and suffering.
All four elements must be proven. This is why early evidence, medical records and expert opinions are so important.
Texas uses a proportionate responsibility rule. Each party can be assigned a percentage of fault.
• Your compensation is reduced by your percentage of fault.
• If you are found more than 50% at fault, you generally cannot recover.
Even a small percentage assigned to you reduces your award, so insurers often try to shift blame. We push back with evidence.
• Car accidents and truck accidents
• Premises liability and slip and fall
• Work and construction injuries
Economic damages such as medical bills and lost income, and non-economic damages such as pain, mental anguish and loss of enjoyment of life. In rare cases of gross negligence, additional damages may be available.
We investigate what happened, identify who owed you a duty, gather evidence and build the case. We work on contingency, and consultations are free.
Gross negligence involves extreme disregard for others' safety and can lead to additional damages.
No. Negligence is about carelessness, not intent.
You may still recover, with your compensation reduced by your percentage of fault, as long as you are not more than 50% at fault.
The general Texas deadline is two years.
It is not required, but insurers and defendants have lawyers. Legal help can strengthen your case.
Call (888) 273-1045 or contact us online.
All too often, accident victims are steamrolled by insurance companies determined to minimize or deny their claims. Don't let this happen to you. Hire us to fight for the compensation you deserve.
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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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