How to Prove Negligence in a Personal Injury Case in San Antonio
What is a Personal Injury Case?
In a personal injury case, someone is suing for damages caused by another party’s negligence. Whether you’re in an accident with an 18-wheeler or your neighbor’s dog bites you, personal injury cases involve determining liability and proving injury.
If the other party is found liable, you could be entitled to financial compensation to avoid paying out-of-pocket.
When it comes to personal injury, both parties usually think they have an open-shut case. While it might seem clear to you that someone else’s negligence caused your injuries, proving it in the eyes of the law is another matter.
A personal injury attorney is a lawyer who specializes in navigating and negotiating how to prove Negligence in a Personal Injury Case in San Antonio so people aren’t victimized twice–once by the accident and again by bad-faith insurance company tactics.
What is Negligence in a Personal Injury Case?
Negligence simply means that the defendant’s actions were negligent or reckless, and their behavior caused the accident, resulting in your injuries.
Some examples of negligent behavior might include:
- Driving while under the influence of drugs or alcohol
- Driving aggressively, failing to stop at stop signs, running red lights, etc.
- Driving an 18-wheeler on little to no sleep or driving without proper training
- Failing to clean or properly mark a hazardous spill in the grocery store aisle
- Failing to maintain a stairwell or elevator, leading to injury
- Failing to secure an aggressive dog that has escaped from its enclosure in the past
How To Prove Negligence in Your San Antonio Personal Injury Case
For your personal injury case to have a successful outcome, your attorney must prove the defendant’s negligence caused your injuries. This involves collecting evidence that paints a clear picture of the many details and factors in your accident.
For your lawyer to prove negligence, they will need to accomplish the following:
- The individual who caused your accident owed you a “duty of care,” such as a shop owner putting up a “Wet Floor” sign so you don’t slip and fall.
- The duty of care was breached, such as a person who runs a red light and puts others’ lives at risk.
- That breach of duty directly caused your injuries.
- You suffered damages due to your injuries. This could include the cost of hospital visits, medical treatment, lost wages, pain and suffering, and more.
Types of Personal Injury Cases
There are multiple types of personal injury cases:
- Car accidents
- 18-wheeler accidents
- Pedestrian accidents
- Motorcycle accidents
- Truck wrecks
- Slip-and-fall accidents
- Premises accidents
- Workplace accidents
- Dog bites
- Medical malpractice
- Wrongful death accidents
No matter what type of accident occurs, a San Antonio personal injury lawyer can help. Though car accidents are the most common, an attorney specializing in personal injury can help you navigate the aftermath of any kind of injury accident.
Damages in Personal Injury Cases
In a personal injury case, “damages” refers to financial compensation owed to the injured party. After an accident, there can be many expenses and factors that entitle someone to compensation.
The amount of money a person receives depends largely on the nature and extent of their injuries and whether they had any liability in the accident.
Personal injury damages can include:
- The cost of prescription medications
- The cost of your ambulance ride
- Lost wages and future estimated lost wages
- Compensation for your pain and suffering
- The cost of medical equipment or ongoing medical treatment and therapy
In a San Antonio personal injury case, a lawyer will work to determine what damages an accident victim is entitled to receive. Additionally, they will deal with insurance adjusters and defendants to negotiate a fair settlement or take the case to court.
Prove Negligence: How A Personal Injury Attorney Can Help
If another person’s negligence caused your injuries, Thompson Law can help. A San Antonio personal injury lawyer can help you get compensation for medical bills, pain and suffering, and lost wages.
Call us today for a free consultation to discuss your legal rights and options.
Personal Injury Lawyer FAQ (Frequently Asked Questions)
What is negligence?
Negligence means that another person’s actions or inaction caused the accident that led to your injuries.
Negligence spans a broad spectrum of behavior, including drunk driving, failure to make premises reasonably safe, failure to keep a dog on a leash, failure to properly secure an 18-wheeler’s load, and countless other instances.
Do I really need a lawyer to help prove negligence?
Yes. An attorney specializing in personal injury will help you gather compelling evidence and clear documentation to prove you deserve compensation after your accident.
This involves investigating your case, proving negligence, calculating damages, and negotiating a fair settlement.
What are some common causes of car accidents in Texas?
Common causes of car accidents in Texas include drunk driving, texting or talking while driving, speeding, tailgating, and aggressive driving or road rage.
While drivers are often tempted to multitask, even a few seconds of distraction can cause a severe or even fatal crash.
How can a personal injury attorney help?
A personal injury attorney can handle the complex process of a personal injury lawsuit while you focus on relief and recovery. Your lawyer will investigate your accident, talk to the insurance company, negotiate a fair settlement, and estimate your damages.
Sometimes, your lawyer will take your case to court.
Who determines fault in a Texas accident?
Deciding fault might look different in each case. Liability depends on the unique details of your accident and whether you choose to pursue a personal injury lawsuit.
Law enforcement and insurance adjusters make specific judgment calls regarding fault, but if you sue for personal injury, the courts will ultimately decide.