Negligence

As humans, we have a duty to act as a reasonably prudent and careful person.  If someone does not act as a reasonably prudent and careful person and you are injured as a result, then you may have a cause of action against that person for negligence.   The negligent person may be liable to you for monetary damages.  You may be entitled to compensation for your injuries.  

As a personal injury attorney in Austin, Texas, Andrew Heilala assists injured Texans get the compensation that they deserve.  Andrew Heilala offers free initial consultations and case reviews for those that have been injured due to some else's wrongful conduct.  He handles cases in Austin, Round Rock, Georgetown, Lakeway, Pflugerville, Bastrop, San Marcos, Travis County, Williamson County, Bastrop County, Hays County, and throughout the entire State of Texas.  Some of Mr. Heilala's biggest victories have been in towns far away from Austin, such as West Texas.

What is "Negligence?"

The elements of a cause of action for negligence are the following:

The Defendant owed a legal duty to the Plaintiff;

The Defendant breached the duty; and

The breach proximately caused the Plaintiff's injury.

Duty:  To prove an action for negligence, the Plaintiff must first establish that the Defendant had a legal duty.  Without a legal duty, the Defendant cannot be held liable under tort law.  A duty is a legal obligation that requires the Defendant meet a certain standard of conduct in order to protect others from unreasonable risks.  Duties can be created by statute or common law.  Whether a duty exists is a question of law.

Breach:  Next, the Plaintiff must prove that the Defendant breached its legal duty.  One of the most common duties is that which is owed by individuals to the common public:  the duty to exercise reasonable care to avoid a foreseeable risk of injury to others.  A Defendant breaches this duty if he does not exercise the care that a reasonable and ordinary person would exercise under similar circumstances in order to prevent a foreseeable risk of injury to others.

Injury:  Additionally, the Plaintiff must prove that he suffered a legal injury.  Further, the injury must have been caused by the Defendant's breach.  There must be a causal connection between the Defendant's conduct and the Plaintiff's injury.

If you believe that you have been injured by the negligent conduct of another and are searching for a Personal Injury Attorney in Austin, contact Andrew Heilala for a free initial consultation.  He can be reached at (512) 472-0994.