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Breach of Duty
Personal injury victims must prove certain legal “elements” before they can show they are entitled to compensation for their injuries. One of the most important elements you must be able to show is breach of duty. When you retain the services of the experienced personal injury lawyers at FVF Law Injury Attorneys, we can help you prove these elements.
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Before you can understand what a breach of a legal duty is, you must understand what a legal duty is. A duty is the legal obligation to act or not act in a certain way toward another. A legal duty is the first element that must be proven in a negligence cause of action.
The matter of whether a duty exists is a question of law that the court must decide based on the circumstance surrounding the accident. If there is no legal duty, there is no legal liability.
Texas courts consider several factors when determining whether a duty exists, such as:
In some situations, a legal duty is clearly stated by law. Sometimes the duty is based on the relationship between the plaintiff and defendant. Other duties may include:
If there is not a more specific duty, the duty may simply be to act as a reasonable, prudent person would have acted under the circumstances.
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A breach of duty occurs when someone who had a duty to act in a certain way failed to act in that way. Examples when a breach of duty may occur include:
If you were hurt in a way that you think was due to a breach of duty, a knowledgeable personal injury lawyer can review the circumstances and determine if you have a viable claim.
Ultimately, you may need to prove that the defendant failed to act in the way they were supposed to and should have foreseen this behavior could harm someone. This may be proven by:
It can be difficult for injury victims to concentrate on investigating the accident and gathering evidence. An Austin personal injury lawyer can handle these responsibilities while the victim concentrates on their recovery.
Most personal injury cases are based on the legal theory of negligence. In addition to duty and breach of that duty, you must also show:
If you can establish all of the elements of a negligence claim, you may be able to recover financial compensation.
Not all personal injury claims are cut and dry. In some instances, the personal injury victim was also partially negligent in causing the accident. For example, a driver may have been driving a few miles over the speed limit when another driver failed to yield and caused a crash.
In these types of situations, Texas law still allows the accident victim to pursue a claim for compensation as long as the defendant was more negligent than the plaintiff. However, any compensation the plaintiff receives is reduced by their share of fault.
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Consulting an attorney after an accident can help you determine your rights to seek compensation for the harm you’ve suffered. Contact FVF Law Injury Attorneys at (512) 982-9328 to schedule a free consultation with one of our personal injury lawyers in Austin.
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