Negligencia

Negligencia en las demandas por daños corporales

Negligence is the legal foundation of most personal injury cases, whether that's a distracted driver, a careless property owner, or a company that cut corners on safety.

Our attorneys know how to prove duty, breach, causation, and damages, the four elements every negligence claim requires, and build the case needed to hold the responsible party accountable.

¿Tiene motivos para demandar por lesiones personales o muerte por negligencia?

Some accidents are the 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.

Ejemplos de negligencia

Para probar una demanda por negligencia, es necesario demostrar los elementos del caso. En primer lugar, el demandado debe tener una obligación legal con el demandante. En segundo lugar, el demandado debe haber hecho algo, u omitido hacer algo, que constituya un incumplimiento de esta obligación.

Por último, este incumplimiento del deber por parte del demandado debe haber sido la causa próxima de la lesión del demandante. Por ejemplo, un médico tiene un deber de asistencia con cada uno de sus pacientes, y se espera de él que actúe con arreglo a determinadas normas para garantizar la seguridad y el bienestar del paciente.

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.

Cada vez que una persona o empresa debería haber hecho algo, o haberse abstenido de hacerlo, y por ello causa lesiones o la muerte, lo más probable es que haya motivo para interponer una demanda por daños y perjuicios.

Ley de negligencia de Texas

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.

Indemnización a las víctimas de negligencia

El objetivo de una demanda por lesiones personales o muerte por negligencia es proporcionar a la víctima del accidente o a los familiares supervivientes una compensación económica suficiente para garantizar que no se vean obligados a soportar la carga económica de la negligencia del demandado.

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.

FAQS Regarding Negligence in Personal Injury Claims

What happens if I was partly at fault for the accident in Texas?

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.

What are the four elements of a negligence claim?

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.

Who decides how much fault I had?

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.

What is gross negligence and why does it matter?

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.

What kinds of negligence claims does your firm handle?

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.

How long do I have to bring a negligence claim in Texas?

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.

Speak With a Negligence Lawyer Today

Póngase en contacto con nuestra oficina ahora para una evaluación gratuita de su caso para averiguar si tiene motivos para demandar por negligencia.