Sachse Catastrophic Injury Lawyer

Proving Negligence Caused a Catastrophic Injury

A certain standard must be met to prove that the injuries a person suffered during a catastrophic incident were due to another’s negligence. Specifically, an injured party must establish three factors. First, there must be a duty of care, which is when the guilty party has an obligation to behave in a manner that would not cause harm to others. The second factor is that there was a breach of duty of care, meaning that the guilty party has violated or failed to uphold their obligation to not harm others. The third factor the injured party must show is that the breach of duty of care was a proximate cause of their injuries. Notably, for something to be considered a proximate cause, it must be predictable to a reasonable person that their action or inaction could lead to the harm suffered. The injured individual must also show that a reasonable person normally would not have acted in the same reckless manner in the same circumstances. A skilled Sachse catastrophic injury attorney could help an injured person prove someone else’s negligence caused them debilitating harm.

It is worth keeping in mind that under Texas law, fault is handled through a modified comparative negligence standard. This means that an injured person can still recover compensation even if they are partially at fault for the incident. However, their percentage of liability must not be more than 50 percent. If an injured party is 51 percent liable or greater, the court will not allow them to seek damages.