Proving Negligence After a Personal Injury in San Antonio
Every day, thousands of people are injured due to another person’s negligence. No one expects to get into an accident when going about their day in San Antonio, but it happens, and it can happen to anyone. When someone’s recklessness causes you to suffer, you deserve to be compensated.
Proving negligence after a personal injury in San Antonio is not always easy depending on the circumstances of your case, however. To have the best chance of winning, you need to search for a “good personal injury claim lawyer near me.” At Carabin Shaw, we’ve been fighting for personal injury victims in San Antonio for more than 25 years, and we’ve won over $500 million for our clients. We’ve had this kind of success because we care. With our experience, every San Antonio accident lawyer on our team knows what it takes to prove negligence and win you the money you are rightfully owed.Defining Negligence
In personal injury cases, negligence is defined as the failure to exercise the same level of care that a reasonable person in the same situation would have used. A person is considered negligent if:
- They fail to do something that another reasonable person under the same circumstance would do; or,
- They do something that another reasonable person under the same circumstances would not do.
Negligence can cause many different types of accidents, including car accidents, medical malpractice, slip and falls, and more. If you believe someone’s negligence caused your accident, talk to a personal injury lawyer in San Antonio.Proving Negligence
To win compensation in San Antonio, you must prove negligence. Proving negligence requires that your lawyer demonstrate the following four elements:
- Duty of Care - In almost all circumstances, every person has a duty of care to another person. Duty of care is defined as an obligation to avoid placing someone else in harm’s way or directly harming them. In a personal injury case, the question is: who owed a duty of care to whom, and how far-reaching is that duty of care? Establishing duty of care is the first step to proving negligence. To learn more, speak to an attorney.
- Breach of Duty of Care - The crux of proving negligence is the breach of duty of care. This element illustrates that the defendant did not uphold their duty of care to the plaintiff, which makes them negligent. In a car accident, a breach of duty of care could be exceeding the speed limit, driving while texting, or driving under the influence. If you have questions about proving breach of duty of care, consult a lawyer.
- Causation - This is the third step in proving negligence. This element requires your San Antonio accident lawyer to draw a direct connection between the defendant’s negligence and your injuries. If you can prove the causal link between the two, you can win compensation.
- Damages - The final step requires enumerating your damages. These are divided into two categories: economic damages and non-economic damages. Economic damages are things like medical bills and property damage, which have a direct dollar value. Non-economic damages, on the other hand, are issues like pain and suffering and loss of enjoyment of life, which are intangible, but deserve compensation nevertheless. If your injuries are severe and the impact on your life is long-lasting, you are likely to be able to win ample compensation. Talk to an attorney about what damages you are owed.
If you’ve been injured, you deserve compensation, but proving negligence after a personal injury in San Antonio can be a daunting task. At Carabin Shaw, we have the experience you need to win and get justice. If you’ve been looking for a “personal injury claim lawyer near me,” we are the law firm that will do what’s best for you. Don’t leave your fate up to chance. Call us today at (210) 222-2288 to speak with the personal injury lawyer in San Antonio that’s right for you.