People and the businesses they run and manage– owe a duty of care to others—which means to act in a reasonable manner, so no one is injured. Therefore, if you are hurt due to a wrongful act of another person or entity, then there is a real chance that you are eligible to file a personal injury lawsuit against them to recover financial compensation for your damages. If this has happened to you, contact us at Angel Reyes & Associates for a free consultation.
To prove negligence in a personal injury case, the following elements must be met. Below are some of the different types of personal injury cases that we have handled to illustrate how negligence works:
- There must be a duty of care owed to the victim. For example, in car accidents, truck accidents, or pedestrian accidents, there is always a duty of care owed by each driver to other drivers, vehicle occupants, and pedestrians sharing the road. It is incumbent upon everyone to obey the rules of the road. However, according to the Texas Department of Transportation, in 2020 alone, there were 12,796 motor vehicle accidents in Fort Worth, which included 112 fatalities. Similarly, if you are a customer in a department store, you are owed a duty of care. However, if you trespass into an area of the store that is prohibited, then you may not be owed that same duty of care.
- This duty of care was breached in the following examples: There was a spill in the food court at Hulen Mall that was left for hours, and someone eventually slipped and fell. Perhaps a surgeon accidentally committed medical malpractice when they left a harmful object inside a patient’s body. Maybe a dog owner failed to restrain their pet from attacking. Or maybe the brand new brakes that were installed in a truck failed and caused an accident while on the way to a TCU football game, proving to be a defective product.
- The breach is what caused your accident. For example, a motorist is breaching their duty of care by driving drunk. Or, you may have grounds for a premises liability claim if the government building elevator you are riding malfunctions and injures you.
- You must have been injured in that accident. Even if the defendant was negligent, you are not eligible to file a personal injury lawsuit unless you were hurt.
If it is found that the defendant’s negligence caused your injuries, then you may be eligible to receive financial compensation for the following types of damages:
- Medical costs: particularly for more serious injuries, your medical bills can be steep and overwhelming.
- Lost wages: serious injuries may cause you to miss weeks, months, or even years of work. And in the worst cases, you may be so incapacitated that you can never return.
- Loss of earning capacity: your physical or emotional injuries may be so serious that your salary and role are significantly reduced even though you can perform some jobs.
- Pain and suffering: some injuries sustained in cases involving personal injury lawsuits completely change every aspect of the victim’s life forever and make virtually all daily responsibilities much more complex and painful.
- Loss of companionship: it may be impossible to enjoy the same relationship you had with your spouse, partner, or other loved ones.
At Angel Reyes & Associates, we have found that the biggest challenge for accident victims is dealing with the insurance company. When they try to go it alone, the insurance company will typically either refuse to offer any settlement money or, at best, present a lowball offer with a strict time deadline. One of the benefits of consulting with an experienced Fort Worth personal injury lawyer is that they can provide an estimate of how much your claim may be worth. The amount is usually significantly higher. At that point, it makes the most sense to secure legal representation to get the maximum compensation you deserve to rebuild your life.
At Angel Reyes & Associates, we have been zealously advocating for injured victims for over 30 years. The results speak for themselves both in quantity and consistency. We have secured nearly $1 billion in verdicts and settlements for our clients and have posted a 98 percent client success rate.
If you have been injured in an accident due to the wrongdoing of another person or entity, call Angel Reyes & Associates 24 hours a day to book a cost-free case review with a Fort Worth injury lawyer. No legal fees will be collected unless you win your case.