SAN ANTONIO'S PERSONAL
INJURY LAW FIRM

What Makes for Valid Injury Claims in Texas?

Suffering an injury is not sufficient in and of itself to pursue injury claims in Texas. State statutes require that you provide evidence that establishes negligence by the responsible party. This means you must prove that the individual acted in a negligent manner contrary to that of a reasonable person in a similar situation.

Four Crucial Elements of Injury Claims

There are four essential components of any personal injury claim in Texas. These include the following:

  1. That the responsible party owed a general legal duty to the plaintiff. For example, that the individual had a responsibility to operate a motor vehicle safely, properly maintain premises, complete a repair as agreed upon in a contract, etc. In some cases, it can extend to special duty, such as a drug company that fails to inform you of the side effects of their product.
  2. The defendant must breach their duty to you. Primarily, they must engage in conduct that a reasonable individual would know the potential to cause you harm. You can establish a duty of care in one of two ways. The first is "cause in fact." This means that the defendant's actions directly caused the injury. The other option is "proximate cause." This means that the defendant had a responsibility to consider the foreseeable results of their actions. For instance, a drunk driver knows that drinking slows their reflexes and cognitive functions, thus increasing the likelihood they could cause a motor vehicle accident in Texas.
  3. The plaintiff must suffer a personal injury. For instance, a ladder fails, causing you to break your leg, or a facility manager negligently ignores floor maintenance that causes you to fracture a vertebrae in a slip, trip, or fall.
  4. Finally, you must provide evidence that proves that the defendant's actions caused an injury. This evidence can include eyewitness statements, police reports, medical records, photographs, surveillance videos, etc.

* Injury claims are not limited to physical injuries. Individuals may also pursue claims for damage or destruction of personal and real property, and special damages for emotional and other injuries. This includes any items destroyed or damaged in a motor vehicle accident, and real property destroyed in a fire, etc. Similarly, Texas statutes allow individuals to pursue injury claims for emotional damages.

Contact Welmaker Injury Law at (800) 494-1916 to discuss injury claims in Texas. We'll answer your questions and help you determine the best way to proceed.