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Have you or a loved one ever been a victim of someone elses negligence in Texas? Navigating the legal landscape of personal injury claims can be a daunting task. Brian C. Gutierrez will walk you through the essential aspects of negligence law in Texas and equip you with the knowledge necessary to secure the compensation you deserve, including understanding how negligence and legal liability is determined in Texas.

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From understanding the four key elements of negligence to the intricacies of comparative and contributory negligence, Brian C. Gutierrez will provide insights into the Texas civil justice system, the importance of legal representation, and how Brian C. Gutierrez can help you maximize your compensation. Don’t navigate the legal challenges alonecall us today at 979-271-5338 for a free consultation and take the first step towards achieving the justice and compensation you are entitled to.

Establishing Negligence in Texas Personal Injury Claims

In Texas, the success of personal injury claims depends fundamentally on the capability to prove negligence. This process of proving negligence involves the confirmation of four key elements:

  1. Duty of care
  2. Breach of duty
  3. Causation
  4. Damages

Identifying liability is a vital step in personal injury cases as it determines who bears the responsibility for the losses suffered by the injured party under Texas negligence laws.

Promptly consulting legal advisor Brian C. Gutierrez after incurring injuries from an accident can provide you with the necessary legal guidance and assistance in demonstrating the defendants negligence.

Duty of Care

Duty of care is a legal obligation that requires an individual to act with reasonable care towards another person, as a reasonable person would do in a similar situation under the same circumstances. Examples of duty of care in Texas personal injury claims include a driver speeding in a residential area, a store owner failing to clean up a spill, and a healthcare provider failing to provide proper medical care. Establishing a duty of care is the first step in recovering compensation in a personal injury case.

In Texas, a duty of care can extend to individuals regardless of their familiarity with one another. In negligence cases, the defendants negligence is legally obligated to act or behave in a particular manner to avert injury to others, regardless of their knowledge of the individual. This is in line with the comparative negligence law in Texas.

Breach of Duty

A breach of duty transpires when an individual neglects their duty of care, causing injury to another person. In Texas personal injury cases, a defendants breach of duty is determined by evaluating if the defendant failed to foresee the potential harm to the plaintiff, which would indicate a negligent act on their part.

Texas follows a modified comparative negligence system, contrasting with a pure contributory negligence system. This means that if the plaintiff is found to be 60% at fault, they will not be awarded any recompense.


Causation signifies the connection between the breach of duty and the damages incurred by the injured party. To establish causation, both cause-in-fact and proximate causation must be proven. Cause-in-fact refers to the factual connection between the defendants actions and the plaintiffs harm, while proximate causation involves illustrating that the defendants conduct was a foreseeable and substantial factor in causing the injury.

The but for test is frequently used to ascertain actual causation in both tort law and criminal law. In the context of personal injury cases, this test is utilized to ascertain whether the defendants actions were the cause of the plaintiffs injury.


Damages refer to the losses endured by the injured party due to the negligence of the party at fault. In Texas personal injury claims, damages may include economic damages, non-economic damages, and exemplary damages.

When evaluating damages, elements that are considered include:

  • Economic damages (e.g. medical costs and forfeited wages)
  • Non-economic damages (e.g. anguish and distress)
  • The gravity of the injuries
  • Contributory negligence
  • Pre-existing injuries

Understanding these elements can help the injured party secure the compensation they deserve.

Comparative vs. Contributory Negligence

Comparative and contributory negligence are a pair of legal standards applied to determine compensation eligibility in personal injury cases, where the plaintiff might bear partial responsibility for the accident. In a pure comparative negligence system, the plaintiffs recovery is reduced by their percentage of fault, regardless of how high it is. Contributory negligence bars any recovery of damages if the plaintiff is found to be even 1% at fault. Comparative negligence allows for partial recovery of damages based on the plaintiffs level of fault. In Texas, a modified comparative negligence system is followed.

The 51-percent bar rule in Texas states that:

  • If the plaintiffs percentage of fault is 51% or more, they are not eligible for compensation.
  • Their compensation will be proportionally reduced if their fault percentage is 50% or less.
  • The amount of reduction depends on the degree of responsibility.

Comparative Negligence in Texas

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Under Texas modified comparative negligence system, the court diminishes the amount of recompense in proportion to the degree of fault attributed to the plaintiff. If the plaintiff is found to be 51% or more partially responsible for an accident, they shall not be eligible for any recompense.

The history of comparative negligence in Texas dates back to September 1, 1973, when Texas law shifted away from the common law principle of contributory negligence. This system enables a more equitable allocation of responsibility and compensation in negligence cases.

Impact on Compensation

The amount of compensation awarded to plaintiffs is reduced in proportion to their degree of fault. In Texas personal injury cases, the rule of modified comparative fault is applied to determine the percentage of fault for each party involved in the accident.

Proving Fault in Texas Personal Injury Cases

Confirming the defendants negligence is a key step in securing compensation in a personal injury claim. This involves a comprehensive review and investigation of the accident to determine what transpired and how someone was at fault. All evidence must be used to show who was at fault and why the court should order them to pay for your injuries. This evidence can come from multiple sources and must be presented convincingly. Evidence is a key element in establishing liability in many personal injury cases too.

Types of Evidence

Various types of evidence can be used to support a negligence claim in Texas personal injury cases, including:

  • Photographs: They can provide convincing proof of pertinent points and aid in forming a more precise image of the accident scene, as well as document injuries.
  • Medical records: They can provide objective evidence of the extent and nature of the injuries sustained.
  • Witness statements: They can provide firsthand accounts of the accident and support the injured partys version of events.

These types of evidence are crucial in building a strong negligence claim and increasing the chances of a successful personal injury case.

Medical records are also of paramount importance in supporting negligence claims in Texas. They assist in establishing a direct correlation between the injury and the incident or accident that caused it, thereby establishing causation. Moreover, medical records provide solid evidence of the extent and nature of the injuries sustained.

Role of Witnesses

Professional witnesses can provide valuable insight and testimony to help establish fault in a personal injury case. These witnesses may include:

  • Medical providers
  • Doctors
  • Surgeons
  • Psychologists
  • Highway safety professionals
  • Car accident reconstructionists
  • Impact analysts
  • Social workers
  • Economic professionals
  • Forensic accountants
  • Life care planners
  • Manufacturing professionals

To serve as a witness in Texas, one must possess knowledge, skill, experience, training, or education that is pertinent to the case, and their testimony must be founded on a reliable basis. By engaging professionals to serve as essential witnesses, attorneys can significantly bolster their clients personal injury case and help secure maximum compensation.

The Different Approaches in Determining Damages Based on Fault

Client speaking with his attorney in her office.

If more than one person may not have been responsible for any accidents it is critical that you know the exact cause. Moreover, determining how to reduce their injuries must be taken into consideration. Typically if a Texas court finds that a particular person was liable for any crime in the matter, it will use the entire evidence in the case. It will then allocate fault percentages. For instance, an accident may have caused party A 30% to be blamed and party B 70% of the blame. The court will then pay monetary damages to the injured parties if these percentages are reached.

Navigating the Texas Civil Justice System

For those unfamiliar with its intricacies, navigating the Texas civil justice system can be a challenging and lengthy endeavor. From understanding the statute of limitations to engaging in settlement negotiations, it is important to have a grasp of the legal landscape to secure the compensation you deserve.

Statute of Limitations

The statute of limitations refers to the time frame within which legal action must be taken for personal injury claims. In Texas, the statute of limitations for personal injury claims is two years. Consequently, individuals must file a lawsuit for their personal injury within two years of the date of the accident.

Failure to adhere to the two-year deadline for filing a personal injury claim in Texas would likely result in forfeiting the right to hold the at-fault party accountable. It is crucial to:

  • Act promptly in seeking legal representation
  • Gather evidence
  • Meet this deadline
  • Secure compensation for your injuries

Settlement Negotiations

Settlement negotiations involve working with insurance companies and opposing parties to reach an equitable compensation agreement. Some strategies that can be employed in settlement negotiations in Texas personal injury claims include being prepared to compromise, seeking the guidance of an attorney to avoid being taken advantage of, and gathering relevant evidence to support your claim.

During the settlement negotiation process, it is important to have a clear understanding of the following:

  • The extent of your injuries
  • Your medical expenses
  • Your lost wages
  • Your pain and suffering
  • Any other damages resulting from the accident

Armed with this information, you can present a robust case to recover compensation and increase your chances of success.

The Importance of Legal Representation

Securing legal representation in personal injury cases is crucial as it can ensure you receive the compensation you deserve. Brian C. Gutierrez can assist you in comprehending the legal system, recognizing your rights, and constructing a robust case for your personal injury lawsuit claim.

Many personal injury lawyers offer free consultations and work on a contingency fee basis, ensuring that clients have access to legal representation regardless of their financial circumstances.

Contingency Fee Basis

A contingency fee basis for personal injury lawyers signifies that:

  • The lawyer will only be reimbursed if they are successful in resolving or winning your case.
  • There is no requirement for you to pay any funds in advance.
  • The lawyers fee is generally a percentage of the total compensation you receive.

This fee arrangement ensures that clients have access to legal representation regardless of their financial circumstances.

However, it is important to note that there can be potential drawbacks to a contingency fee basis, such as:

  • Higher costs
  • Reduced client control
  • Overworking by the attorney
  • The potential for frivolous suits

Nonetheless, for many clients, this fee arrangement provides an opportunity to pursue justice without the burden of upfront legal fees.

Free Consultation Offer

Free consultations allow potential clients to discuss their cases with an attorney without any financial obligation. During a free consultation, the lawyer will review the facts of the case and offer advice on the next course of action. To arrange a free consultation with Brian Gutierrez, potential clients can contact 979-271-5338.

By taking advantage of a free consultation, potential clients can:

  • Gain valuable insights into their legal options
  • Make an informed decision about whether to pursue a personal injury claim
  • Assess the attorneys experience
  • Determine if they are the right fit for your case

This initial meeting can serve as an opportunity to gather information and make important decisions.

How Brian C. Gutierrez Can Help You

With more than 15 years of experience, Brian C. Gutierrez has a proven track record of helping clients with their personal injury claims in Texas. Focusing on personal injury and car accident cases, Brian and his team focus on helping clients get the compensation they deserve from insurance companies.

When engaging the services of Brian C. Gutierrez, clients can anticipate dedicated and time-intensive work on their case, as well as endeavoring to attain maximum compensation for their injuries. If you or a loved one has suffered due to someone elses negligence, dont hesitate to reach out and schedule a free consultation today by calling 979-271-5338.

Frequently Asked Questions

How can I prove negligence in a case?

In Texas, civil courts require plaintiffs’ sides in cases in which the defendants were negligent in the performance of their obligations to the plaintiffs. You have to prove that you breach an obligation that went beyond the hearsay of the alleged incident. In the event you were injured by someone unable to prove your claim, the evidence can vary. There are three main categories of evidence: true, demonstrative, documentary, and testimonial. Photographs, illustrations, and testimony could be a valuable asset in supporting the claim for wrongful death.

What is comparative negligence?

Comparative negligence is a standard that determines the possibility of a person seeking compensation for causing an injury. The insurance company or judge can assess the evidence to determine whether a party should get compensation or not for their losses. In some circumstances, the actual damages amount may also be limited due in part to degree. The maximum they can claim in damages is up to $40,000. Comparative negligence standards are applied by personal injury lawyers in two different forms.

What is the process of determining negligence?

Determining negligence involves demonstrating that the wrongdoer owed a duty to the victim, breached this duty, caused injury, and resulted in damages for the victim.

What is the statute of limitations for personal injury claims in Texas?

In Texas, the statute of limitations for personal injury claims is two years from the date of the accident.

How does Texas’ modified comparative negligence system affect compensation in personal injury cases?

In Texas, the modified comparative negligence system reduces the amount of compensation in proportion to the amount of fault attributed to the plaintiff. If the plaintiff is found to be more than 51% responsible for an accident or similar circumstances, they are not eligible for any recompense.

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