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What is Duty of Care in a Texas Personal Injury Claim?

After you have been injured in an accident, you may have many questions about what to do and how to proceed with a personal injury claim. One important factor in your personal injury claim will be determining if the defendant owed the injured person a “duty of care.” Determining duty of care is important because it plays a part in whether or not the defendant was negligent. If you live in the San Antonio area and are wondering, “who is the best personal injury attorney near me?,” contact us to talk with one of our lawyers as soon as possible.

Explaining Duty of Care

In the process of filing a personal injury claim, you may have questions about all the factors that go into proving negligence. If you are wondering, “What is duty of care in a Texas personal injury claim?,” our attorneys can help answer your questions. To claim that a defendant was negligent, you must establish all the factors of negligence. This includes:

  • Duty of care
  • Breach of that duty of care
  • Causation
  • Damages

Every person has a legal duty to exercise care in order to avoid causing injuries to others. When someone disobeys a law and causes an accident, this person has breached their duty of care. For example, if you were in the car with someone and they caused an accident by disobeying a traffic law, they could be held accountable for their negligent behavior.

There are also times when a person may not be held negligent. For example, if a car accident occured to a mechanical malfunction that the driver was unaware of, they may not be liable. To find out whether or not someone can be held accountable for their actions, talk to a personal injury attorney San Antonio about the details of your accident.

Who has a Duty of Care?

Although every person can be held accountable for their duty of care, some parties have more responsibility than others. For example, doctors, lawyers, and bus drivers must exercise reasonable care and meet the standard of conduct expected in their profession.

There are also situations in which businesses can be held accountable for their neglect. If you have been a victim of a slip and fall accident due to a slippery grocery store aisle, the grocery store may be held responsible for your injuries.

If you live in the San Antonio area, call or visit us at our office to consult with one of our San Antonio accident attorneys about your personal injury case.

How to Prove Negligence?

In a Texas civil court, you must prove that the defendant's negligence caused the damages in question. Evidence is crucial for proving negligence. Here are a few examples of evidence that can help your lawyer win your personal injury claim:

  • Images and videos of the accident - these can include photos of your injuries, security footage, and images of the accident scene.
  • Official reports - reports from police officers, employers, property owners, and others will help your attorney get a clearer picture of what happened.
  • Testimonies or statements - eyewitnesses and experts can help give the jury a fuller picture about the defendant's duty of care.

Gather your evidence and talk with a personal injury attorney San Antonio about the details of your case.

Who is the most qualified personal injury attorney near me? Carabin Shaw is the law firm you are looking for.

If you have questions about your personal injury claim such as, “What is duty of care in a Texas personal injury claim?,” our San Antonio accident attorneys can provide answers to all of your questions. Call us today at (210) 222-2288 for a free initial consultation.

Visits with the Attorney are by appointment only. Main office San Antonio, Texas.

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