Personal Injury Lawyer

If you suffered an injury because of another person’s negligence or actions, you may wonder if you can file a personal injury claim. Let our Brownsville personal injury law firm assess your case from the start to see if you qualify to file a personal injury claim or lawsuit.
Generally, however, if another person or entity caused your accident, the law allows you to file an injury claim or a personal injury lawsuit to collect damages. To do this, you must prove negligence and establish fault. This is tricky and often involves an intense investigation into your accident.
At Kenny Perez Law, we leave no stone unturned when we investigate personal injury claims. We want to make the legal process easier for you. That is why we handle all legal aspects of your case for you, so you can focus on your treatment plan and rebuilding your life.

Negligence in Personal Injury Claims

If you are an injured individual filing a personal injury lawsuit, you must prove negligence or wrongdoing on the part of the defendant. This can hold them legally liable for your injuries. Generally, if someone acted recklessly and caused you harm, they may also bear responsibility for the damages they caused.
If the four elements of negligence claims are present, an experienced Brownsville personal injury lawyer can prove it.

Duty of Care

In determining negligence, the first factor to consider is the duty of care. To prove this, your lawyer must show that the defendant owed you a legal obligation to practice diligence.
For example, the law expects drivers to maintain vehicles and follow traffic safety rules. If a driver hits you with his car, your lawyer must prove that the driver needed to avoid speeding, texting while driving, drinking while driving, or driving aggressively, among other behaviors that lead to accidents.

Breach of Duty

The second element in determining negligence is proving that the defendant breached their duty by not meeting the required level of reasonable care. Your lawyer must establish how the defendant violated the reasonable care requirement by showing what the defendant did or did not do that could have prevented your injury.

Given the earlier car accident example, these factors might prove breach of duty:

• A traffic law violation, which you can prove through a police report
• Eyewitness testimonials
• Your recollection of the accident
• Evidence at the accident scene

Causation

Causation is the third element of negligence. When it comes to personal injury claims, it’s not enough that the defendant was negligent. Their carelessness must have caused your injuries.

For example, a driver who doesn’t stop in front of a crosswalk and breaks a pedestrian’s leg may meet the causation criteria. If the driver did not strike the pedestrian, the latter would not have sustained injuries. In this instance, the driver’s negligence caused the pedestrian’s injuries.

Damages

Damages are the last considerations in personal injury cases. If a victim suffers injury or loss because of a defendant’s negligence, the court will ask the latter to pay for damages.

Here are some damages a victim may claim in personal injury cases:

• Medical expenses
• Lost income
• Loss of ability to earn an income
• Loss of ability to enjoy life
• Mental or psychological injury

If you or anyone you know is suffering because of another’s negligence, call the experienced lawyers at Kenny Perez Law. They can help you determine if you have a strong case.