Suffering a catastrophic injury can not only alter your life, but change the course of the lives of your loved ones as well. You could have a case for compensation if someone else is liable for your injury, but only if you can make a strong case that negligence was involved.
At Mostyn Law, our goal is proving negligence in Houston catastrophic injury claims. Our team of experienced attorneys can investigate the facts and establish who was ultimately at fault.
To succeed in a catastrophic injury claim in Houston, you have to show that the defendant was legally negligent. Negligence has four elements, and failing to prove even one of them will bring your case to a disappointing end.
The first step in a negligence claim is showing that the defendant owed the injured person a legal duty of care. In most situations, people are expected to act with reasonable care to avoid causing harm to others. For example, drivers must obey traffic laws and operate their vehicles safely.
Once a duty is established, the next element is proving that the defendant breached that duty. This means the defendant failed to act with the level of care that a reasonable person would have exercised in similar circumstances. In the example of a motorist, this might involve running a red light or following another vehicle too closely.
Causation connects the breach of duty directly to your injury. You will need to prove that the defendant’s actions directly caused the accident or worsened the outcome. You are only entitled to compensation for injuries that are linked to the breached duty of care.
Finally, you must establish that you suffered actual damages as a result of the negligence. In catastrophic injury claims, this may include medical bills, lost income, permanent disability, and pain and suffering. If you can’t prove you were damaged, you are not entitled to compensation.
Proving negligence in a Houston catastrophic injury case means establishing all four of the elements. To do that, you will need an array of evidence that supports your theory of the case. At Mostyn Law, our attorneys understand what goes into a winning claim for compensation.
The best evidence will depend largely on the nature of your accident. If you were hurt in a motor vehicle collision, the most important pieces of evidence will prove who was at fault for the crash. This might include dashcam video of the collision as it happened, or statements from a witness who can testify it was not your fault.
Other cases will often hinge on the testimony of an expert witness. If you are the victim of a botched surgery, your medical records will play a crucial role in proving malpractice.
You will also need evidence that goes beyond simply proving who was to blame for your injury. To establish the damages element of negligence, you will need to prove that you suffered compensable injuries, like medical expenses or physical pain. Our attorneys can help you build a case that proves what your claim is worth.
You are not alone when it comes to proving negligence in Houston catastrophic injury claims. These cases are complex, and your best chance of recovering the compensation you deserve is with the help of skilled legal counsel. The attorneys of Mostyn Law are prepared to build the strongest negligence claim possible on your behalf. Reach out right away to learn more.
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