If you were injured due to someone else’s negligence, Texas law provides you with the right to file a personal injury suit against the responsible party. However, before you can recover a financial award for your injuries and damages, you or your Houston personal injury lawyer must first meet the required burden of proof.
A qualified personal injury attorney at West Loop Law and the Law Office of Nhan Nguyen, MD, JD can help you recover lost compensation after being unfairly injured in an accident. Let’s take a closer look at the burden of proof in a Texas personal injury case.
What Is the Burden of Proof in a Personal Injury Case in Texas?
The burden of proof is a legal term for the amount of evidence needed to show that the defendant committed the act in question and is therefore legally responsible for the claimed damages. The burden of proof in civil law is very different than in criminal law, which is proof beyond a reasonable doubt. In civil law, it is proof based on the preponderance of the evidence.
The preponderance of the evidence essentially means “more likely than not.” The injured party, or plaintiff, in a Texas personal injury claim has the burden of proof to convince a jury that his or her argument is more likely than not to be true. Basically, the version of events on part of the plaintiff must be considered to be at least 51% true in order to recover financial compensation from the at-fault party. This is a lesser burden of proof than in a criminal case, but it can still be an obstacle for a plaintiff without the help of a qualified Houston injury accident attorney.
Elements of Proof for a Negligence Claim
In a Texas personal injury case, fulfilling the required burden of proof usually requires clear and convincing evidence of the negligence of the defendant. Negligence is the legal theory that describes a degree of substandard care a reasonable party would not use under similar circumstances.
A defendant must be found responsible for the injuries of the plaintiff on the grounds of negligence if the plaintiff can prove four elements:
- The defendant owed him or her a specific duty of care. A duty of care is a legal obligation to act in a reasonable manner.
- The defendant breached his or her duty of care. The defendant committed a reckless or negligent act.
- The action or omission of the defendant caused the plaintiff’s injury. There is a causal link between the defendant’s action and the resulting injuries.
- The plaintiff suffered compensable losses related to the defendant’s negligence. These losses can include lost income, medical costs, and emotional distress.
Negligence is the most common basis for personal injury cases in Houston, but it is also possible to hold a defendant liable for an accident based on other legal theories, such as strict liability or breach of warranty. A Houston personal injury attorney can help you understand the grounds for your case, and your lawyer can then collect the evidence on your behalf to use to support your claim.
Evidence in a Houston Personal Injury Case
One key aspect of the burden of proof in a personal injury claim in Texas is evidence. You need clear and convincing evidence of the defendant’s negligence in order to hold them accountable for your damages. Your lawyer will need to present ample evidence to convince a jury that the defendant is at least 51% responsible for causing your accident the resulting injuries. Evidence can include:
- Photographs
- Videos
- Eyewitness accounts
- Police reports
- Medical records
- Hospital bills
- Pay stubs
- Expert testimony
It is important to consult with a car wreck lawyer as soon as possible after you are injured in a car accident in Houston. An attorney can get to work immediately in order to preserve key evidence for your case, including a cellphone record or video surveillance footage. Your attorney can hire experts like investigators and accident reconstruction specialists to help you establish that the defendant is responsible for your losses. An attorney can help you with the burden of proof from the very start of your personal injury case.
Best Car Crash Attorneys in Houston
After being injured in a car accident, you need the help of a Houston car crash lawyer to help you make the right choices and secure the compensation you need and deserve. The team of personal injury lawyers at the West Loop Law and the Law Office of Nhan Nguyen, MD, JD will fight for your best interests. Nhan Nguyen, MD, JD, and Nader Rabie, JD treat every case with equal importance, and we focus on getting the effective results our clients deserve. Contact our law offices today at 713-840-7200 to discuss your case with a lawyer who cares.
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