These claims can arise from any occurrence where a person was injured somehow due to the recklessness or carelessness of another person. “Negligence” is defined under Texas law as acting in a way that has departed from the conduct expected of a reasonably prudent person in the same or similar situation.
Houston Negligence Lawyer
If you have been injured due to another person, business or company’s negligence, it is important to consult with an experienced personal injury attorney immediately. Many personal injury cases in Texas have a statute of limitations (SOL), which means the injured individual is barred from bringing a claim for their injuries after a certain period of time has passed.
Call Ben Bronston & Associates at (713) 225-5236 for a free consultation about your legal options. With over 30 years of combined litigation experience, our personal injury attorneys are trial veterans and skilled negotiators. Your initial consultation is a valuable opportunity to learn if you have a case and understand your options for proceeding with a claim in a no-pressure setting. Furthermore, our law firm works on a contingency fee basis and you are not obligated to pay a single dime unless we achieve a financial recovery on your behalf.
Filing a Claim for Negligence in Texas
- Common Types of Claims Filed
- Duty and Breach in a Negligence Claim
- Establishing Causation and Liability
- Burden of Proof for Texas Injury Claims
- Statute of Limitations for Negligence Claims in Texas
Common Types of Claims Filed
Almost every form of personal injury is caused by the negligence of another person or party. Some of the most common claims in Texas can arise from:
- Premises Liability
- Defective Products
- Dog Bites
- Slip and Fall
- Workplace Accidents
- Medical Malpractice
- Dangerous Drugs
- Product Liability
- Wrongful Death
- Faulty Medical Products
- Unsafe Toys
- Offshore Accidents
- Oil Rig Injuries
- Factory Injuries
- Animal Attacks
- Negligent Security
Duty and Breach in a Negligence Claim
In all negligence claims, the individual who was injured, or the plaintiff, must be able to prove the defendant owed them some type of duty of care. In general, every person has a duty to act with reasonable care and not to impose a foreseeable risk of harm on another person through their conduct.
Additionally, manufacturers of products have a higher duty of care to protect individuals who may come in contact with a product that:
- They know is likely a dangerous product,
- The danger can be passed on to other people besides the consumer, and
- The danger is likely to occur.
Once the plaintiff has demonstrated the defendant owed a duty to the plaintiff, the plaintiff must also prove the defendant breached this duty by committing some act, or by failing to act with reasonable care.
Establishing Causation and Liability
In order to prove a claim for negligence, the plaintiff must also show the breach of the defendant’s duty caused their injuries. There are two types of causation in personal injury:
- Actual Cause – An actual cause is also known as cause-in-fact, and means that “but-for” the defendant’s conduct, the plaintiff would not have been injured.
- Proximate Cause – A proximate cause is also known as a legal cause, and is basically an event that is sufficiently related to the ultimate injury and is considered the primary cause of the harm.
Both types of causation must be established in order for the defendant to be held liable for their actions.
Finally, the plaintiff must prove they have been damaged or injured by the defendant and they can be awarded damages from the defendant in order to attempt to make them whole again, or to right the wrong that has occurred to them.
Burden of Proof for Texas Injury Claims
In most lawsuits for tort claims in Texas, if the plaintiff is 51% responsible for the injuries they sustained as a result of the accident, their claim is barred under the theory of comparative negligence as defined in section 33.001 of the Texas Civil Practice and Remedies Code. However, the injured is party is able to recover for their injuries if they are 50% or less at fault for their injuries.
This is not like other states that practice pure contributory negligence, where if the injured party was even 1% negligent in causing their injury, they are barred from filing any lawsuit for damages.
If the victim was 50% or less responsible for the injuries they sustained, the amount of damages they will be awarded will be reduced by the percentage of their responsibility in the accident, according to section 33.013 of the Texas Civil Practice and Remedies Code.
Statute of Limitations for Negligence Claims in Texas
According to Title 2 Sec. 16.003 of the Civil Practice and Remedies Code, the Statute of Limitations for filing a negligence claim is two years after the date of the incident. If the claim is not filed within the allotted time frame, the individual will be prevented from filing any future negligence claims tied to that specific incident, leaving him or her unable to recover compensation for the damages the incident caused.
If you are involved in an accident that was caused by a negligent party, it is important that you contact a personal injury attorney immediately after the accident, so that your attorney can file the necessary paperwork, and help you avoid being unable recover the compensation you are legally entitled to.
Pursuing a Negligence Claim in Houston
Contact Ben Bronston & Associates today for a consultation about your options after the injuries you or your loved one sustained. Ben Bronston is an experienced personal injury lawyer in Houston who will listen to the facts of your situation and help you determine the best recourse in pursuing the compensation you need to address your losses. Call (713) 225-5236 to learn more.