Understanding Fault and Liability in Texas Personal Injury Cases - San Antonio Attorneys

Fault and liability in San Antonio, TX, are relatively simple concepts. Still, they can be complicated when the at-fault party differs from the liable party or when more than one person contributes to the fault. It is vital to get expert advice from a lawyer who will represent your best interests in a personal injury lawsuit as soon as possible so complexities in your case don’t limit your compensation.

At Carabin Shaw, we specialize in personal injury cases, and our team offers expert legal advice to help you get the compensation you deserve. If you are looking for a trustworthy lawyer, read our client reviews to see how we’ve helped victims like you. They reflect our commitment to our clients and the quality of our services. Call our toll-free number at 800-862-1260 for a free consultation. We have English- AND Spanish-speaking staff, and someone can speak with you 24/7.

Personal injury lawyers in San Antonio TX represent clients for many types of civil cases, but a few are more common than others. These include:

• Auto accident: A victim files a claim against an at-fault driver or those responsible for the Texas road conditions that caused the accident.
• Product liability: Manufacturers are liable for damages caused by their products.
• Medical malpractice: When San Antonio healthcare providers provide substandard medical care, the court may hold them responsible for injuries or death.
• Slip and fall accident: This type of lawsuit is typically filed against a property owner for conditions that led to the slip or fall.
• Wrongful death: According to Texas personal injury law, the party liable for an unjust death must compensate the family of the deceased.
• Dog bite: In Texas, dog owners may be liable for injuries caused by a dog bite, especially if the dog has a history of aggressive behavior.
• Work accident: When an employer does not have workers’ compensation insurance, an employee may sue for damages after a work injury.
• Premises liability: Property owners have to make their property reasonably safe, or they may be liable for injuries.

For an at-fault party to be liable for damages in a personal injury case, your local San Antonio attorney must prove that they were negligent. Negligence has five components; they must all be present for the court to award compensation. The five parts of negligence are:

1. A duty of care: This is the responsibility given to all people to avoid harming others.
2. Breach of duty: Not acting in the way a reasonable person should act to avoid harm is a breach of duty.
3. Harm: There must be damages for a person to owe compensation.
4. Proximate cause: The breach of duty must have caused the damages.
5. Cause-in-fact: The harm would not have occurred without the negligence.

Fault and liability in Texas are often synonymous with negligence. Ordinary negligence occurs by accident, but the courts will also grant compensation for gross negligence or willful and wanton negligence. In extreme cases of recklessness or intentional injuries, the court may award punitive damages.

Texas negligence laws include proportionate responsibility, which is sometimes called comparative negligence. This rule allows multiple people to share in the fault of an accident, including the plaintiff. The plaintiff can receive compensation even if they are partially at fault, as long as their fault is less than 50% of the cause of the damages.

Understanding fault and liability is not difficult, but certain situations require expert knowledge to compute damages, identify liable parties, and present a compelling case against them. Hiring a reputable lawyer ensures you don’t have the stress associated with complicated lawsuits, and you can focus on recovering from your injuries.

The San Antonio personal injury attorneys at Carabin Shaw are skilled at expediting your legal process to compensation, and we work tirelessly to ensure that your legal experience provides maximum benefits. We offer our services on a contingency-fee basis, so you don't have to worry about legal fees. More importantly, we have the skills and experience to make your personal injury case go as smoothly as possible.

For more information:

• Cornell Law - Negligence
• Cornell Law - Gross Negligence
• Statutes Capitol Texas