Personal Injury Law in Texas
Negligence means that the person failed to act in a way that another person would behave in that situation. Thus, one needs to prove negligence in a Court of law.
To prove negligence in your case, you must prove that the defendant had a duty of care to maintain safety.
Furthermore, the defendant violated that duty, which caused you damages.
10 Terms and Phrases You Should Know
Say that your injury resulted from your doctor’s mistake with your prescription because they ignored your medical history.
To prove negligence and claim damages, your lawyer must verify that your doctor had a relationship with you. And that obligated them to follow a certain standard of care.
They breached that standard by not fulfilling their medical duties properly.
You now have injury and damages because of their actions.
Personal Injury and Civil Lawsuits
A civil lawsuit involves a plaintiff who has been wronged and a defendant who allegedly caused the harm. In your case, you would be the plaintiff. You would try to recover what you lost from the defendant, whether an individual, a business entity, the government, or a combination of these.
Punitive Damages in Houston, Texas
The third type of damage you could receive is punitive damages. You will only be eligible to receive punitive damages if your case goes to trial.
These damages are usually awarded only if the defendant’s behavior seems so harmful or reckless that the court believes they need additional penalties.