Elements of a Personal Injury Lawsuit
Texas state law is very specific regarding what must be proven by the plaintiff (or injured party) in a personal injury lawsuit. This is because most personal injury claims are based on the negligence of the defendant. The four elements that must be proven for a claim to be successful include that the defendant was obligated to perform some duty to the plaintiff, that this duty was breached, that the breach led to an injury, and that the injury has resulted in damages to the alleged victim.
For example, it could be the case that a product manufacturer owed the public the duty of recalling a defective product and that their failure to recall the product allowed the defect to cause an injury that resulted in significant pain and suffering as well as medical bills. If all of this could be proven in court, a related personal injury claim would likely be upheld.