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Home > Negligence in a Texas Personal Injury Case

Negligence in a Texas Personal Injury Case

Proving negligence is at the heart of any personal injury case. Injury lawyer Windle Turley has decades of experience helping clients who have suffered as a result of another’s negligence.

If you’ve been injured in the Dallas area as a result of someone’s negligence, please contact the Turley Law Firm by completing the form on this page or by calling 214-691-4025 or email  today to schedule your free consultation.

Under Texas law, a damaged party is not allowed compensation if he or she is found to be 51 percent or more at fault. However, if the damaged party’s fault is found to be 50 percent or less, compensation would be reduced in correlation to the degree of fault. For example, if you were found to be 20 percent at fault for your injuries, a defendant would only need to pay $80,000 of a $100,000 claim. If you were found to be 51 percent responsible for your injuries, you would get nothing.

In order to succeed in a negligence case, a plaintiff must prove the following elements:


A legal duty is the expectation that the defendant had a responsibility to do something to keep another person safe, or not do something that would harm another person. This can represent expectations in relationships such as a doctor and a patient, an establishment and its patrons, or a driver and others on the road.

Breach of Duty

Once duty has been established, the court must determine if that duty was breached by an action or inaction that a reasonable person would do or not do in a similar situation. For example, a reasonably prudent driver would not text while driving.


If you have proven that the defendant has breached a duty, you must then prove that the breach of duty directly caused your damages. In some cases, a defendant may claim that while a duty was in fact breached, it had no, or only partial, bearing on the resulting injuries. If, for example, in a slip and fall case, you establish that someone failed to adequately mark a recently mopped wet floor, the defendant may counter that you were not authorized to be in the room where you slipped.


Along with breach of duty and causation, you must prove that you actually suffered damages. This element involves physical, emotional and property damage, and more specifically, the amount of money sought as compensation for those damages.

Windle Turley has built his reputation by representing his clients with integrity, compassion and experience. When you work with the Turley Law Firm, you can expect a thorough review of all aspects of your case, and a diligent pursuit of justice and compensation on your behalf.

If you or someone you love suffered injury or death because of the negligence of another person, begin building your case with our injury lawyers by calling 214-691-4025 or email The Turley Law Firm proudly serves clients throughout Texas, the American Southwest, and other areas of the United States.

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