Laredo Personal Injury Attorneys

Understanding Negligence in Personal Injury Cases

To win a financial settlement, the injured plaintiff must demonstrate that the defendant was negligent. There are four components of negligence, and all four must be proven by the plaintiff’s personal injury attorney Laredo. 

Establishing Duty of Care in Injury Claims

Duty of care refers to the legal obligation an individual or entity has to avoid causing harm to others. For example, a commercial construction general contractor has a duty of care to maintain a safe working environment for their employees and subcontractors. They also have a duty to ensure the building's design meets quality and safety standards. This is just one example and it’s the kind of issue that may arise in a wrongful death case. A duty of care must be present to prove negligence. 

Identifying Breach of Duty in Accidents

Breach of duty occurs when an individual or entity fails to fulfill their duty of care. It has to be emphasized that breach is only evident if the defendant failed to act as a reasonable person would have given the circumstances. For example, the simple fact of a car accident does not, by itself constitute a breach of duty if the defendant was driving reasonably. But if that same defendant was driving 40mph through a school zone, then a breach of duty can be established. 

At Cardenas & Rodriguez, we dedicate ourselves to uncovering and presenting clear evidence of breach of duty. By collaborating with experts in accident reconstruction and forensics, we strengthen our clients' cases, ensuring critical data supports our claims. This comprehensive approach allows us to compare the defendant's actions with what a reasonable person would have done, thereby holding parties accountable for their negligence. 

Proving Causation in Personal Injury

Causation refers to the connection between the breach of duty and the resulting harm or injury. In other words, it must be demonstrated that the defendant’s breach of duty caused the plaintiff’s harm or injury. An example here might be a plaintiff who is in an oilfield accident and suffers a back injury. But what if there was a pre-existing medical condition? The defendant—or, more accurately, the defendant’s insurance company—will likely do considerable medical research seeking to sever the causation link. Plaintiffs need a personal injury lawyer in Laredo who knows how to fight back and protect the interests of their clients. 

Calculating Damages in Injury Lawsuits

Damages refer to the losses or harm suffered by the plaintiff as a result of the defendant's breach of duty. This can include both economic and non-economic damages, such as medical expenses, lost wages, pain and suffering, and emotional distress. To establish damages, it must be demonstrated that the plaintiff suffered actual harm or loss as a direct result of the first three steps discussed above. 

Personal Injury Laws in Laredo: What You Need to Know

Personal injury laws in Laredo—as in the rest of Texas—are designed to protect individuals who have been harmed due to the negligence of others. Texas law adheres to a modified comparative negligence rule, which allows an injured party to recover damages as long as they are less than 51% at fault. This means our attorneys are skilled at proving the other party’s overwhelming fault to maximize your compensation. 

Furthermore, the statute of limitations for personal injury claims in Texas is generally two years from the date of the accident. Missing this critical deadline could forfeit your right to seek compensation. It is crucial to act promptly and consult with experienced legal professionals like those at Cardenas & Rodriguez to ensure all procedural rules are meticulously followed. Our profound understanding of Texas personal injury laws empowers us to effectively navigate the legal system on your behalf. 

Contact Cardenas & Rodriguez for a free consultation in Laredo by calling (956) 450-7951 today!