When you or a loved one has suffered an injury due to another person’s negligence, you may want to make the person responsible pay for the losses you've suffered. Yet, doing that is easier said than done. After all, you must qualify to file a personal injury claim.
Understanding the common causes of action for personal injury claims is essential. At The Francis Firm, our Dallas-Fort Worth personal injury lawyers work closely with you to gain perspective on the incident, why it happened, and whether the action or inaction leading to your injury is a cause of action for a personal injury lawsuit.
If you have more questions regarding causes of action for personal injury claims in the Dallas-Fort Worth area and need help pursuing a personal injury lawsuit, call The Francis Firm at (817) 329-9001 for a free consultation. Our team of experienced and dedicated personal injury lawyers has earned a reputation for winning personal injury cases.
We are ready to represent you aggressively throughout your personal injury case. Get started now before it’s too late.
What Is a Personal Injury?
In Texas, "personal injury" refers to a person's injury due to another's negligence or intentional conduct. Personal injuries can include emotional injuries, physical injuries, and financial losses. Personal injury cases emerge from several scenarios and situations. Still, some of the most common personal injury causes include:
- Auto accidents
- Product liability
- Wrongful death
- Construction accidents
- Product liability
Common Personal Injury Causes of Action Recognized by Texas Law
Most personal injury lawsuits arise from the concept of negligence. But what is negligence?
Negligence can be defined as the failure to exercise reasonable care over a situation where a person of "ordinary prudence" would have exercised that degree of care. When someone is negligent — through specific actions or omissions — and hurts you, you may sue them for a cause of action based on negligence.
Texas law spells out the causes of action for personal injury cases. It also lists the different negligence-based causes of action for personal injury cases. Some negligence-based causes of action for personal injury claims include:
Negligence
This is the most common cause of action for personal injury claims. It involves showing that the defendant failed to live up to a reasonable standard of care and that failure resulted in the plaintiff's injury.
Gross Negligence
Gross negligence is a form of negligence that is more serious than ordinary negligence. It occurs when a person completely disregards the safety or well-being of others and is aware that their actions are likely to cause harm.
Gross negligence is often described as a "conscious disregard" for the safety of others. It is often used as a standard of liability in cases involving professional malpractice or extreme recklessness.
In Texas, gross negligence can also be a factor in determining damages in a personal injury case. To prove gross negligence, you must show that the defendant knew or should have known that their actions were likely to cause harm but acted with reckless disregard for the safety of others.
This can be difficult to prove, as it requires concrete evidence. Speaking to an experienced Dallas personal injury lawyer is important if you believe you have a claim based on gross negligence.
Vicarious Negligence
Vicarious liability is another negligence-based cause of action that you should be aware of before pursuing a personal injury claim. Vicarious negligence, also known as "vicarious liability," refers to a situation where one person (the "vicariously liable" party) is held responsible for the negligence of another person (the "primary tortfeasor").
In other words, the vicariously liable party is held responsible for the primary tortfeasor's actions, even if the vicariously liable party was not directly at fault.
In Texas, vicarious liability can be imposed in several different contexts. For example:
- Negligent hiring. Employers have a duty to investigate the qualifications and competency of their employees. An employer may be held vicariously liable for an employee's negligence if the said employee acted within the scope of their employment at the time of the injury.
- Negligent parenting. A parent may be held vicariously liable for the negligence of a minor child.
- Negligent handling of animals. Animal owners must take reasonable actions to secure their animals and prevent them from harming people.
To succeed in a claim regarding vicarious liability, with the help of your personal injury lawyer in Fort Worth, you must be able to prove that the primary tortfeasor was negligent and that there was a relationship between the primary tortfeasor and the vicariously liable party that makes it appropriate to hold the vicariously liable party responsible.
Negligence Per Se
This is a cause of action based on the perpetrator's violation of a statute or ordinance. In other words, the perpetrator violated the law, which led to your injury.
Professional Malpractice
A cause of action referring to situations where a professional, such as a doctor or lawyer, fails to provide the appropriate level of care or skill, resulting in injury or harm to the client.
Is There a Personal Injury Cause of Action Not Based on Negligence?
While most personal injury lawsuits are negligence-based, other causes of action may be applicable. These include:
- Strict liability. In some personal injury cases in Texas, a person or entity can be strictly liable for an injury, even if they were not negligent or did not intend to cause injury. This applies, for example, in cases involving defective products.
- Intentional torts. This cause of action refers to a situation where the perpetrator intentionally caused your injuries. Examples include battery, defamation, and assault.
Call Us To Find Out the Potential Causes of Your Personal Injury Claim
If you've suffered a personal injury because of the acts or omissions of another individual or entity, you should consult an experienced Dallas personal injury lawyer. Setting up your claim for success requires prompt action, effort, and an in-depth understanding of the law.
Whether you are worried about the statutes of limitations for personal injury cases in Texas or need to learn more about common personal injury causes of action, The Francis Law is here to provide any answers and the strong representation you need. Contact us to schedule a free consultation. Our respected law firm has knowledgeable, resourceful, and experienced personal injury lawyers in the Dallas-Fort Worth area who can make a difference in your case.