Pursuing a Personal Injury Claim
Even the most careful of drivers and the most surefooted can become involved in accidents. Usually, these incidents do not result in serious consequences. Even in situations where people are seriously injured, others involved may not be legally responsible. For most cases involving personal injury in Plano, a plaintiff must be able to prove the defendant was negligent.
Negligence is a common law tort. Meaning no statute defines negligence or how plaintiffs may use it to pursue claims. Instead, negligence has been defined and altered over the course of dozens of Texas court cases. Because all courts are required to follow the rulings of previous courts under the doctrine of precedence, a definition of negligence can be distilled.
Negligence is utilized in situations where a person was hurt in an accident. But in order to do so, the plaintiff needs to have been protected by a duty held by the defendant. Duty is never automatic but is taken on when people undertake certain activities. For example, all car drivers have a duty to protect other motorists on the road. Business owners also have the duty to protect customers against certain hazards. If a plaintiff can prove that the defendant was negligent, they may be able to collect damages for personal injuries and mental anguish suffered.