Many people in Waco are injured because of the negligence of someone else. Negligence has many forms. It can cause injury or death. When the careless actions of another person hurt someone, our Waco negligence lawyers fiercely protect our client’s rights.
Negligence is the primary Cause of Action for Texas personal injury lawsuits. If a plaintiff cannot prove negligence, it is unlikely to win the lawsuit. To establish a negligence claim in Texas, the plaintiff must prove these four essential elements at trial: 1) A duty owed by a defendant to the plaintiff; Duty is defined as the obligation to conform to a particular standard of conduct toward another. It is a question of law for the court to decide from facts surrounding the occurrence in question. 2) Breach of that duty; This duty was breached by the defendant when he or she failed to provide you a standard level of care. The standard of care is usually to act as a reasonably prudent person would act under the same or similar circumstances. 3) The proximate cause of the plaintiff’s damages by the defendant’s breach; and Proximate Cause is made up of two ingredients: Cause in fact, and foreseeability. The test for Cause in fact is: whether the negligent “act or omission was a substantial factor in bringing about the injury,” without which the harm would not have occurred. Foreseeability requires that a person of ordinary intelligence should have anticipated the danger created by a negligent act or omission. 4) Damages. There must be a financial loss paid or incurred by the plaintiff. Although the damages do not have to be catastrophic. Some of the worst damages caused by negligence include:
What if I was partially at fault? Texas law has what it calls proportionate responsibility. As long as you are not more than 50% responsible for the accident, your monetary damages will be reduced by the amount of responsibility you share for the occurrence. If you are 51% or more at fault for your injury, then Texas law prohibits you from collecting damages. What if several people caused the negligence? If several people caused the accident, Texas law would hold them liable “joint and several.” Texas law requires that a defendant pay the percentage of damages that they are legally responsible for. There are a few ways that Texas defendants can be jointly or severally liable to a plaintiff: Causing more than 50% of the plaintiff’s injuries, Acting together with other defendants to cause harm, Acting separately but causing damage that’s indivisible, or Vicarious liability. What is vicarious liability? Vicarious liability is a legal concept that holds a principal (employer) generally responsible for its agents’ (employees’) acts.
There are many examples of negligence claims in Waco. These types of matters often include:
We are proud of our results reported above, but please note that prior results do not guarantee a similar outcome. Each matter depends on the facts of the case.
The Waco personal injury lawyers at Dunnam & Dunnam have provided quality services to their Central Texas clients for almost 100 years. Our approach is client-centered. We have a reputation for handling Waco personal injury cases quickly and successfully. Our attorneys are compassionate. We want to know your story. We will give you a free and helpful consultation. You can call us anytime to answer your frequently asked questions. Our Waco negligence attorneys can handle your important case:
Carolina G. Truesdale graduated from Texas Tech University School of Law, Cum Laude, where she discovered her passion for serving families during difficult times.
Mason Dunnam won his first jury trial the day after becoming licensed to practice law. He became a lawyer to fight for the little guy.
Eleeza Johnson has been a member of Dunnam & Dunnam since 2015 and is currently designated as Of Counsel.
Gerald Ray Villarrial has an important goal – to be remembered as someone who cared about people and changed lives through his skill as an attorney.
Jim Dunnam is a Board Certified Specialist in both Civil Trial Law and Family Law. Jim was born and has spent his entire life in Waco.
Vance Dunnam has 60 years of experience as a lawyer in Waco, Texas, handling all types of cases in both the office and the courtroom.
Copyright © Dunnam & Dunnam, L.L.P. All Rights Reserved. Prior results do not guarantee a similar outcome. Dunnam & Dunnam LLP maintains this website to provide you with general information concerning itself and its attorneys, as well as to facilitate communications with persons and entities possibly desiring to establish an attorney-client relationship with a law firm or an attorney. Information provided by and through this website does not create any kind of attorney-client relationship with Dunnam & Dunnam or any of its attorneys and, furthermore, does not constitute and should not to be relied upon by you as any kind of legal advice or service by Dunnam & Dunnam or any of its attorneys. Dunnam & Dunnam L.L.P. assumes no liability for the use or interpretation of information contained herein. This publication is provided “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
