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What Is Negligence and How Do I Prove It?

Recovering Compensation for Personal Injury

Many personal injury cases are successful because the plaintiff was able to establish negligence. Proving that one party caused the accident or injury because of their negligence is a strong step toward successfully recovering compensation.

"Gross Negligence" Defined in Texas State Law

Texas Civil Practice & Remedies Code Ann. § 41.001 defines "gross negligence" as:

  • An act or omission:
  • which when viewed objectively from the standpoint of the actor at the time of its occurrence involves an extreme degree of risk, considering the probability and magnitude of the potential harm to others; and
  • of which the actor has actual, subjective awareness of the risk involved, but nevertheless proceeds with conscious indifference to the rights, safety, or welfare of others.

Essentially, negligence is when someone fails to perform their duty and places someone else at extreme risk of injury. Negligence can then lead to a personal injury accident, in which case the victim can file a claim for personal injury.

How to Prove Negligence in Your Accident

There are many different ways to prove that your injury was caused by someone else's negligence. Ways to prove negligence include:

  • Doctors' notes
  • Pictures of the accident and/or your injuries
  • Police statements
  • Witness statements

Any evidence that you can possibly obtain and provide to prove negligence should be gathered and protected by a Dallas personal injury lawyer. Jackson Allen & Williams, LLP can provide the counsel and representation that you need.

Speak with a Personal Injury Attorney in Dallas, TX

For many years, the attorneys with Jackson Allen & Williams, LLP have striven to help injured individuals fight for fair compensation. We have recovered millions of dollars in damages for our clients during that time. Attorney Bradley Jackson is a member of the Million Dollar Advocates Forum®, having successfully won settlements and verdicts worth $1 million or more. If you need an outstanding personal injury attorney, look no further. Contact our firm today!

888.811.9747. We are here to help
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