The U.S. Centers for Disease Control (CDC) reports that in 2019, there were 39.5 million physician office visits and 24.5 emergency room visits for unintentional injuries. Fatal unintentional injuries took over 173,000 lives: 39,433 from falls and 37,595 from motor vehicle collisions. While not all injuries arise from falls or car crashes, and many aren’t unintentional, some result from negligence. Suppose you or a family member were injured due to the negligence of another person or party. In that case, you have legal rights and options. You can learn more by contacting the seasoned Houston injury lawyers at Rose Sanders Law today
It’s often confusing and overwhelming for injured parties to determine if they have a valid personal injury claim. Since you don’t want to forego compensation you could be entitled to, it’s best to meet with Houston
injury attorneys who can review your claim. When you meet with them, they will ask several questions about the events leading up to your injury, how your accident happened, and the type and severity of your injuries. They will be evaluating your claim to see if it has the four elements of negligence. If it does, you likely have a valid claim for recovery. These elements are:
Duty of Care: The first thing that you need to establish is that the at-fault party owed you a duty of care. A duty of care exists when a person is performing acts that could foreseeably cause harm to others. Examples of duties of care include drivers having an obligation to obey the rules of the road or store owners keeping their premises safe with regular inspections and repairs
Breach of Duty: The at-fault party violated their duty of care. For instance, a driver ran through a red light, or a store owner was informed of a loose floorboard but didn’t do anything about it. In general, a party is negligent if they knew everything that the injured party did at the time, that their actions would cause an injury to someone else, and others would have done something different in that situation.
Causation or cause in fact: The injured person must show that the other party’s breach of duty is what caused their injuries and losses. A pedestrian hit by a drunk driver must show that if it weren’t for the drunk driver hit them, it’s highly unlikely their injuries would have occurred. An injured tenant must show that if it weren’t for their landlord procrastinating about a broken stair rail, they wouldn’t have fallen and sustained injuries.
Damages: The injured party sustained injuries or losses that a reasonable person in the same circumstances would expect. Monetary compensation is often the only way to give relief to injured parties. Their damages can include emotional turmoil, lost wages, medical expenses, and more.