So what determines if you have a case? There are several factors that go into deciding if you have a case in which our experienced attorneys can assist you with. The first factor is, was your injury due to the negligence of another actor? Failing to exercise the degree of care expected of someone in order to minimize the risk of harm to another is considered “negligence“. Our attorneys receive calls all the time from Corpus Christi, Texas all the way down to the Rio Grande Valley from folks who are injured. However, there needs to be some sort of negligence on the part of another person, or company, not merely an accident that’s the potential client’s fault, in order for you to have a case.
Putting all comparative negligence laws aside, there needs to be five elements present for negligence. The first one is duty. For example, someone driving down the road owes you a simple duty to pay attention to where they are going. If the other driver is distracted and hits your vehicle, that leads us to our second factor, breach of duty. The third duty is cause in fact. Here, going along with our fact pattern, the person who struck you did in fact breach that duty thus causing injury to you. The fourth factor is proximate cause. Was the driver that hit you the proximate cause of the accident or were there other factors that caused the collision? The fifth and final factor is damages. You need to be injured in order to make a personal injury claim.
Now, these factors are not as simple as they seem. At Herrman & Herrman, P.L.L.C. our attorneys are experienced enough to analyze your case and determine if we can assist you in making a claim against the defendant who caused your injuries.
The only way to truly know if you have been a victim of a personal injury is to call a personal injury attorney and see if it’s a case that they can assist you with. At Herrman & Herrman, P.L.L.C. we have numerous attorneys around the clock ready to answer any question that you may have.
Herrman & Herrman, P.L.L.C. law firm is a personal injury law firm serving the great citizens of south Texas. When someone is injured due to the negligence of others, they should contact Herrman & Herrman, P.L.L.C. immediately to see if they have a case that we can assist you with.