Understanding Negligence Claims

When a third party is responsible for causing you physical injury, you’re likely curious about how the law interprets matters relating to negligence. There are several key elements that courts consider in determining the merits of a claim for negligence.

Duty

In order to show that a party has committed negligence, it is necessary to establish that the party owed you a duty of care. For example, property owners owe persons entering the property a duty to address unsafe conditions, and employers owe their employees a duty of care to maintain a safe working environment. If you have a claim related to wrongful negligence Houston TX that concerns a property owner or employer, you should speak with an expert to get a thorough evaluation of your claim.

Breach

After establishing the existence of a duty, a claimant must demonstrate that a defendant breached that duty in some way. In the example of an employer, a claimant would need to show that his or her employer failed to fulfill an affirmative duty to provide a safe working environment.

Damages

In order to have standing to take legal action, a claimant must show that he or she suffered damages as a result of a defendant’s breach of the duty of care owed to the claimant. Typically, damages are monetary damages for which a plaintiff seeks restitution or physical injury for which a plaintiff seeks compensation.

Causation

A plaintiff in a negligence action has to show that a defendant’s breach of his or her duty of care was the cause of his or her damages. A causal relationship can be direct or indirect, but the plaintiff must ultimately show that it is more likely than not that the breach is the cause of his or her damages.

If you’ve been the victim of wrongful negligence, talk to experienced legal counsel. He or she can help you understand the elements of your claim and advise you about what type of compensation you can seek. 

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