Brownsville Personal Injury Lawyer

Seasoned Guidance Through Personal Injury Cases in Brownsville, TX

We all know that sometimes bad things happen to good people. What we also know is that sometimes other people or organizations act irresponsibly, which causes those bad things to happen. People who have been injured in an accident need help getting the financial remedy they need and deserve. Our Brownsville personal injury lawyer can help.

We provide personalized legal support for every client. Whether you were injured on the I-69E, on a commercial property, or anywhere in Brownsville, we take the time to thoroughly evaluate your claim and the circumstances surrounding your accident. By drawing on longstanding Brownsville relationships and leveraging our reputation, we are committed to guarding your rights and pursuing the compensation you deserve. 

Mendez Law Firm serves people throughout Cameron County and beyond. Wherever you are in the Rio Grande Valley, call today at (956) 983-9673 to schedule a free consultation. Let our personal injury lawyer in Brownsville, TX, assist you.

The Four Elements of Negligence

In personal injury cases, plaintiffs (the party that initiates the claim) must show that the defendant (the party that is being sued) was negligent.

Proving that means demonstrating these four elements are present: 

• Duty of Care
• Breach of Duty
• Causation 
• Damages

Proving all four elements is absolutely essential. Missing on any of the four means a settlement will not be won in court and, therefore, unlikely to come about in negotiation. Having a talented Brownsville personal injury attorney in your corner might be the difference. 

Duty of Care

Duty of care refers to the responsibility a person or organization has to act in a manner that is responsible in seeking to avoid harm to others. For example, drivers have a duty of care toward other motorists, pedestrians, and cyclists. Property owners have a duty to maintain safe premises for visitors. Employers have a duty to provide a safe working environment for their employees and customers.

Breach of Duty

The plaintiff must then demonstrate that the defendant breached their duty by failing to meet an acceptable standard of care. 

The standard of care expected varies depending on the situation, and it is usually determined by what a prudent person would do under similar circumstances. For example, a driver is expected to adjust how they operate their vehicle based on weather conditions. Property owners are expected to make reasonable warnings if their dog is dangerous. The owner of a construction site is required to take appropriate safety measures. 

It is important to note that not every mistake or error constitutes a breach of duty. The plaintiff must show that the defendant's conduct diverged from what a reasonably prudent person would have done under similar circumstances. The court will examine whether the defendant acted reasonably, considering the particular details of the case.

Causation

Causation refers to establishing a direct connection between the defendant's breach of duty and the plaintiff's injuries or damages. There are two forms of causation that must be demonstrated: actual cause and proximate cause. 

Actual cause is the straightforward connection between the defendant's actions or omissions and the injuries suffered. It requires proof that, "but for" the defendant's breach of duty, the plaintiff would not have experienced the harm. 

Proximate cause involves determining whether the harm the plaintiff experienced was a foreseeable consequence of the defendant's breach of duty. For instance, if a person slips and falls on a wet floor in a Brownsville grocery store because there were no warning signs, that injury is a foreseeable result of the property's negligent maintenance.

Damages

Damages represent the actual losses or harm that a plaintiff suffers due to another's negligence. 

The main types of damages in personal injury cases are:

• Economic: These quantifiable, out-of-pocket losses cover medical expenses, property damage, lost wages, diminished earning capacity, and additional financial hardships resulting from the injury.
• Non-Economic: These are more subjective losses, including pain and suffering, emotional trauma, loss of enjoyment of life, or diminished relationships that are not easily calculated.
• Punitive Damages: Occasionally, when a defendant acts with extreme recklessness or malice, courts may issue punitive damages. While rare, they serve to both penalize the wrongdoer and discourage similar future behavior.

To demonstrate damages as part of your claim, it is vital to provide thorough documentation, such as hospital records, doctor bills, receipts, witness statements, and expert opinions. Our Brownsville injury lawyer helps clients organize the evidence needed to support a strong case.

Successfully proving duty of care, breach, causation, and damages maximizes your opportunity for a positive outcome. One final aspect to consider is whether comparative fault plays a role in your personal injury claim.