If you are coping with physical pain, financial losses, and emotional suffering due to an accident caused by someone else’s reckless behavior, you may be interested in pursuing legal action against that party. If so, the Houston accident lawyers of Williams Kherkher can help you build a case for winning fair compensation. Call us at 832-369-8296 to discuss what we can do for you.
The Four Elements of Negligence
The first step in a personal injury claim is gathering the evidence you need to demonstrate the defendant’s negligence. This is not always an easy task. It is generally not enough to show that the defendant caused your injuries. You need sufficient proof of the following:
- The defendant owed a duty of care to you. This duty will vary depending on your relationship with the defendant. For example, businesses have a duty to sell reasonably safe products, individuals have a duty to not needlessly endanger others, and so on.
- The defendant failed to meet that duty of care. This standard will also vary depending on the details of your case. In a medical malpractice claim, you must show that your healthcare provider failed to act as any reasonable person with equivalent training would have. Other requirements apply to different claims.
- The defendant’s negligence directly caused your injuries. This can be very difficult to demonstrate in court. There may have been other factors in your injuries, but the defendant’s actions have to be the primary cause.
- You have suffered enough to deserve compensation. Many defendants in these claims will try to downplay the extent of your injuries. You may need medical documents, expert testimony, and other evidence to bolster your argument.
As you can see, personal injury claims can become very complicated. Fortunately, the assistance of an experienced personal injury lawyer can greatly improve your chances of success.