In relation to personal injury claims and personal injury law, general negligence describes a situation where a party’s action or inaction has constituted a failure to act with proper or reasonable care, resulting in harm to another person. Although there is a specific way to prove negligence, as described below, a good rule of thumb in determining whether another person or company has been negligent is to ask the question: Would a reasonably prudent person have acted in the same or similar manner under the circumstances? If the answer is no, it is likely that the party was negligent.
When a person is injured because of the recklessness or carelessness of another, that person may be able to sue the negligent party for financial compensation.
There are a number of different types of injury lawsuits and injury claims that occur in the Houston area (and throughout Texas) that may be filed for injuries caused by general negligence, including dog bites, drowning, security negligence and negligent supervision. Other very common personal injury lawsuits that may involve negligence include motor vehicle accidents, 18-wheeler accidents, boating accidents, and even medical malpractice. (Please note: Medical malpractice cases are a specialized area of injury law involving highly technical matters as professionals are held to a higher standard of conduct.)
All these lawsuits are filed in civil court, where the plaintiff (injured party or representative of the injured party) can seek monetary compensation for physical, financial and emotional injuries and/or losses.
Proving the Elements of Negligence
There are four key elements that must be proven in filing a lawsuit against an individual or company for general negligence. This information may vary depending on the jurisdiction.
The defendant (party that stands accused of causing injury) must have had some sort of duty to the plaintiff (injured party) to act in a certain way. A good example may be the driver of a car. For example, drivers have a duty to other drivers, pedestrians and cyclists to obey traffic laws and drive in a reasonably safe and competent manner.
Breach of that Duty
The defendant must have breached that duty in some way. As in the above example, a driver who is busy typing a text message and runs through a red light, striking a pedestrian, may be considered to have breached his/her duty to the pedestrian.
The defendant’s act or inaction must have been the PROXIMATE CAUSE of the plaintiff’s injuries. In the above case involving a driver and a pedestrian, if the driver ran the red light because he/she was texting instead of paying attention to the road, and as a result of running the red light struck the pedestrian who was lawfully using the crosswalk to cross the street, this may be sufficient proof of causation.
The plaintiff must have experienced quantifiable “damage” of some kind. If the pedestrian suffered a broken leg and a concussion, the damage associated with these injuries may include past and future medical expenses, past and future lost earnings from missed work and possibly past and future emotional trauma such as pain and suffering. The pedestrian would have the burden of proving that these damages were sustained; this is how the value of the personal injury lawsuit is determined.
Proving these four elements can be difficult, particularly when the defendant is an individual or corporation with considerable resources to counter such a lawsuit. That is why we recommend involving an experienced attorney to handle your case. Gregg Harrison is a powerful negligence attorney with a reputation of success in the greater Houston area. We have recovered hundreds of thousands (even millions of dollars with co-counsel) in settlements and awards since 2001 alone. Now is the time to find out how we can help you.
Free Initial Consultation and No Out-of-Pocket Costs*
If you are injured and believe you have been a victim of someone else’s negligence, call me at 281-929-0110 for a free initial consultation. Or if it is an emergency, please feel free to text me at 832-797-7600.
*As your personal injury lawyer, I will only receive a fee if we recover a settlement or jury verdict for you. In other words, you don’t pay any legal fees unless I make a financial recovery for you!
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