negligence claim fort worth

Fort Worth Personal Injury Lawyer Explains How to Determine Whether the Person Was Negligent

Is every personal injury is caused because of someone else negligence? It is important to determine whether the injury caused due to negligence or not.

What is Considered a “Reasonable Person” When it Comes to Negligence?

Most personal injury cases are based on negligence claims. A “reasonable person” is a hypothetical standard used to judge whether a person was negligent in such a case. Courts and juries will compare a defendant’s conduct to what a “reasonable person” might have done in the same or similar situation to determine whether the person was negligent.


There is not a standard definition for what a reasonable person would do in every situation. Reasonableness is an objective standard.

Jurors in a personal injury trial decide what a reasonable person would have done. They must consider the facts of the case, the circumstances surrounding the injury, and other relevant information to decide what a reasonable person would have done in the situation.

However, most people view reasonableness as using common sense and caution. What constitutes common sense and reasonable caution varies depending on the situation.

The jurors compare the defendant’s conduct (the person being sued) to what they consider “reasonable” conduct. If the defendant’s conduct falls short of the reasonable person standard, the jurors may find that the defendant was negligent.


It is important to understand that the reasonable person standard is not “perfection.” People make mistakes and errors. In some situations, it could be reasonable to make certain errors, given the circumstances.

If a defendant’s mistake or error was reasonable under the circumstances, the person might not be negligent. Likewise, if the person could not have foreseen the outcome of a situation, they may not be negligent.


Let’s take a DUI accident case. Jurors may find that a reasonable person would understand driving under the influence of alcohol is illegal and dangerous.

It is foreseeable that driving drunk could result in a car accident and injuries. Therefore, the jury may find that the drunk driver was negligent and is liable for the accident victim’s damages.

Another example might be a grocery store owner failing to repair a leaky sink in the bathroom. A reasonable person would understand that water on the floor could create slip and fall hazards. The prudent action would be to warn people of the danger and repair the leak.

If the owner fails to take reasonable steps to prevent an accident, the jury might find that the owner is liable for damages if a customer slips and falls. The jury might award the victim compensation for their non-economic and economic damages.


Children may not be held liable for their actions because they lack the maturity to understand specific risks and consequences.

For that reason, the court may use a modified reasonable person standard to judge a child’s actions. For example, the court could instruct the jury to consider what a child of similar age and maturity would have done in a similar situation instead of what an adult might have done in the situation.


Proving negligence means establishing four elements: duty, breach, causation, and damages. First, you must establish that the defendant owed you a duty of care. For example, a driver owes others a duty to drive safely and obey traffic laws.

You must also prove that the defendant breached the duty of care. The reasonable person standard is used to determine whether the person breached the duty of care.

The juror analyzes the defendant’s actions and compares those to what a reasonable person would have done. If the defendant’s actions fall short of the reasonable person standard, the defendant breached the duty of care.

However, the reasonable person standard is only one element of a negligence claim. After the jury finds that the defendant breached the duty of care, it must also find that the breach caused the accident that resulted in the victim’s injury.

Take a drunk driver, for instance. The jury could find that driving under the influence breaches the duty of care owed to other drivers and individuals using the roadway.

However, did the drunk driver cause the accident? Being drunk is not the same thing as causing an accident. Therefore, if the drunk driver did not cause the accident, they cannot be held liable for damages.

Therefore, it is essential to remember that an accident victim must prove all four elements of a negligence claim to recover compensation for damages.

Original Source of Article>> What is Considered a “Reasonable Person” When it Comes to Negligence?

denton lawyer personal injury tips

Denton, TX Accident Lawyer Releases Important Tips for Severely Injured Victims

Have you or your loved one have been injured? Find the important tips of highly experienced Denton personal injury lawyer. There are some important things to know about protecting your rights.

If you or a family member have been injured and it was not your fault, there are some important things to know about protecting your rights. There may be reasons to pursue a legal course of action to have the other party or their insurance pay your medical bills, lost wages, physical impairment and other damages as a result of your injuries.

Springer & Lyle LLP has developed a series of tips that should help preserve evidence and avoid actions that could be damaging to your case.

  • Always cooperate with law enforcement if the incident was investigated. Just make sure you don’t admit fault if you didn’t do anything wrong. Whatever is told to investigating officers can end up in the police report. And, if the incident was not investigated, take a picture of the driver’s license and insurance information of the other driver.
  • Take pictures of the evidence and injuries. It’s always good to photograph and videotape the accident scene and damage to vehicles, including license plates and identification data on the doors of commercial trucks. Severe cuts, bruises and abrasions will heal with time so take pictures while the injuries are still visible.
  • Identify witnesses and others who have knowledge of material facts. Get their names and contact information. It’s difficult to track down witnesses later if they were not interviewed by investigating officers.
  • Get the medical help you need. Lawyers are not doctors, so follow the advice of your physicians and other health care providers. Let those professionals be your guide for future care.
  • Provide your health insurance information to all health care providers. Some providers may indicate they won’t accept it if you were involved in an automobile wreck but, except for limited circumstances, the providers are supposed to bill your health insurance company under Texas law.
  • Cooperate with your own automobile insurance company. Under the contract you have with your own carrier, there is a duty to cooperate and you want to honor that. If you have any concerns about it, you should consult with an attorney. Also, check with your own company about any coverages that may be available to you even if the wreck was not your fault. In Texas, personal injury protection benefits and uninsured motorist benefits are automatically available under your policy unless these coverages were rejected in writing when you bought or renewed the policy.
  • Do not communicate with the at fault party’s insurer if you are contemplating getting a lawyer involved with your case. These conversations are usually recorded and, anything you say can be used against you. This is especially true in the case of some injuries that do not show up immediately after the wreck.
  • Keep all records and bills related to the occurrence. In a civil case involving personal injuries, the burden of proof belongs to the injured victim. It is extremely important that all information documenting liability and damages is preserved for the claim.
  • Avoid posting case related materials and other items on social media. Anything posted is a public statement and can be used as a defensive tool in your case. Do not post any content or photographs that present you in a negative light or which comment on any aspect of your case.
  • If you were seriously injured, get an experienced legal opinion before deciding how to proceed. A knowledgeable attorney can evaluate your case, explain the law and provide advice so that you can make informed decisions about how to move forward. Make sure to consult with someone skilled in handling the type of case you have and who has the financial resources to fight the fight for your family. If litigation becomes necessary, the process is expensive and you want someone on your side who can hire the experts needed and develop your case in a way that maximizes your net recovery.

Springer & Lyle are Denton County based personal injury attorneys with over 60 years of experience helping those who have been injured as a result of car or truck accidents, product defects and other negligent events resulting in serious injuries or wrongful death.

Original Source of the Article>> 10 Important Tips if You or a Family Member Have Been Severely Injured

Thompson Law Dallas Car Accident Lawye

Dallas Best Car Accident Lawyer Offer Important Tips on Car Wreck

Are you or your loved one is a victim of Car Accident in Dallas or its surrounding areas? This article helps you find out why you need a car wreck lawyer to fight on your side.

The number of cars on Texas roads drastically decreased in 2020 due to COVID-19 restrictions and for obvious reasons, more people were staying home. One would think this would lead to fewer car accidents. However, Texas saw an increase in motor vehicle deaths in 2020.

So what does this increasing number mean for you, the Texas driver? It means that you need a car accident lawyer on your side. If you or a loved one were to help get you the settlement you deserve! Vehicle damages, medical bills, lost wages as a result of taking time off to treat injuries, are all stressful and can seem like an insurmountable feat.

What Hiring a Dallas Car Accident Attorney Can Do For You
Without a car wreck lawyer, you’re up against insurance companies that want to try to get you to settle for less than you are entitled to! Don’t let the insurance companies push you around, get the legal representation that you need before they convince you to take less than your case is worth.

According to 5 NBC-DFW, Dallas ranks fifth in the nation for fatal crashes! This means you are much more likely to need a Dallas car accident attorney on your side! Contact Thompson Law for your free consultation. We don’t make a dime until you do!

Whether you’re involved in a car accident, truck accident, motorcycle accident, or were the victim of the negligence of another driver you need an auto accident attorney on your side! Our experienced team of Dallas car accident lawyers will step up to bat for you against the insurance companies!

Questions to Ask an Auto Accident Attorney

What Is Your Fee Structure?
At Thompson Law, we don’t get paid until you get paid! That’s right, our fee comes from the settlement so you will not have to pay anything upfront. You will not incur any attorney fees, court costs, legal expenses, or any other costs unless we recover money on your behalf. If we do obtain a settlement for you, our fee will only come out of a portion of the settlement.

What Will My Out of Pocket Expenses Be for a Car Wreck Lawyer?
Thompson Law offers free consultation and we never charge any out-of-pocket fees! As stated above, we don’t win until you win!

What Is a Typical Range for Settlements in Similar Cases?
During your consultation with our experienced team of car accident lawyers, you will be able to ask such questions, free of charge! We have a breadth of experience handling auto accidents in Dallas and beyond. You can check out our results if you want to see what kind of settlements we have gotten for our clients in the past.

What Type of Experience Do You Have with Cases Involving My Specific Injuries?
Our team of Dallas car accident attorneys has seen a lot of injuries and has dealt with many types of injuries. Regardless of your injury, you need representation so that you can cover your medical bills. However minor you think your injuries may be, it is worth a free consultation with Thompson Law.

You may be surprised at how seemingly latent injuries eventually worsen with time. It is always a good idea to seek medical attention directly following an accident so that you can get a proper diagnosis. This is also important for doctors to be able to predict potential residual effects of your injury.

You Don’t Want to Fight The Insurance Companies Alone
So where should I find my car accident attorney in Dallas/ Fort Worth? Look no further because Ryan Thompson and the team at Thompson Law are ready and willing to give you a free consultation, anytime!

Here are some of the less-than-transparent tactics that insurance companies try to use to get victims of auto accidents to accept less money than their claim is worth:

Attempts to Minimize Injuries: Adjusters often try to claim that injuries were pre-existing, or the treatment was excessive.

Apology Programs: Insurance adjusters will use phrases like “we’re sorry you got hurt” to avoid directly stating blame. They will generally follow up by trying to get you to accept a settlement.

Blaming YOU: Contributory Negligence is a concept that you want to be familiar with if you are a Texas resident. Texas follows comparative negligence common law and you can be held accountable for all or part of your auto accident expenses if they deem that you were partially responsible.

Claim Delays: Insurers may attempt to delay the claims process so a lawyer cannot take your case. The statute of limitations for filing an injury claim in Texas is 2 years after the accident so you need to make sure that you’re able to get a Dallas auto accident lawyer on your side prior to that 2-year mark.

Denying Claims: Insurance companies will deny claims due to issues like policy coverage exclusions or “improper paperwork”. They use this tactic to try to make you frustrated with the process and give up the fight.

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