Who Pays When Negligence Causes Serious Injuries? San Antonio TX Attorneys & Building Your Case

Seeking compensation for injuries following a serious accident in San Antonio, TX, means proving another party’s negligence and negotiating a settlement or filing a lawsuit. Who pays for those injuries is a question of liability and insurance coverage, and hiring a lawyer allows you to streamline the process and collect fair compensation for your losses.

At Carabin Shaw, we care deeply about our clients’ rights to fair compensation and fight hard for those wrongly injured and their families. Read our client reviews to learn how we help them hold at-fault parties accountable for their negligence, and call us today at 800-862-1260 to schedule your no-obligation, FREE CASE EVALUATION! No money is owed unless your case is won.

In civil law (not criminal law), the court classifies the actions of a person who causes accidental or intentional injuries as negligence. Texas personal injury law assigns liability based on whether the act contains the five elements of negligence:

• Duty of care: Members of society have a legal obligation to avoid causing harm to others.
• Breach of duty: A person breaches their duty of care when they fail to act reasonably to prevent harm.
• Harm: This includes bodily harm and property damage.
• Proximate cause: This means that the action actually caused the harm rather than influencing it.
• Cause-in-fact: Also called the but-for test, this requirement dictates that the act is negligent only if the harm would not have occurred without the existence of the act.

There are two types of negligence: ordinary and gross. A person engages in gross negligence when they are aware of the risk involved and continues to act recklessly without concern for the safety of others. The court may award punitive damages for gross negligence.

San Antonio personal injury lawyers will use evidence and the rules of negligence to prove that a party is at fault for your injuries in a personal injury claim. Evidence collection is an essential part of case preparation, and your lawyer may use the following types of evidence to prove your case:

• Witness testimony
• Legal video or audio recordings
• Photographs
• Documents or contractual agreements
• Police reports
• Expert witness testimony
• Damaged property or debris
• Bills or invoices

The Texas Rules of Evidence explain what type of evidence is relevant, admissible, and in line with privacy rules. Both parties may submit evidence to prove their case, and either party may have the chance to bring in a third party to share in the fault and, therefore, the liability.

Once personal injury attorneys in Central Texas prove a party is at fault, they must also determine who is liable for damages. This is not always the same entity. For example, an employer may be liable for damages an employee causes through the concept of vicarious liability (respondeat superior). This is often the case in trucking accidents or slip-and-fall accidents.

In addition, Texas courts may apply modified comparative negligence rules to hold more than one party accountable for negligence and personal injury. This is also called proportionate responsibility, allowing plaintiffs to collect compensation even if they are partially at fault. The exception to this rule is if the plaintiff’s portion of fault exceeds 50 percent.

Finally, liable defendants with insurance don’t typically pay for damages out-of-pocket. Their insurance pays the claim based on their contractual obligations. Speak to your attorney to find out the source of your compensation.

Our team of San Antonio accident lawyers at Carabin Shaw prides itself on providing dependable legal advice to our clients. Call our toll-free number at 1-800-862-1260 to schedule a free consultation. We have English- and Spanish-speaking staff ready to offer support and guidance as well.

Worried about court fees and costly retainers? At Carabin Shaw, we offer our services on a contingency-fee-basis, so we don't get paid unless you get paid. We aim to help our clients eliminate all barriers to justice so they can financially recover from their injuries.

For more information:

• Cornell Law
• Texas Statutes 41
• TX Courts
• Texas Bar