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Blogs 2018 January Elements of a Personal Injury Claim
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Elements of a Personal Injury Claim

Posted By Law Office of James M. Stanley || 10-Jan-2018

Injuries that are caused by another person or entity’s careless or reckless actions may result in a personal injury claim. In order for a plaintiff to justifiably file a claim in the first place, there are certain requirements that need to be met. The absence of one or more of these components will likely result in the dismissal of a lawsuit.

The following are the four main elements which apply to personal injury claims:

  • The presence of a duty – The first element your negligence needs to satisfy is the existence of someone’s legal duty to exercise reasonable care. In the case of a car accident, this duty can be as simple as obeying the laws and driving safely. In more complicated situations, such as premises liability, a person or company may have the duty to prevent injuries on their property.
  • The breach of the duty – The second element is showing a failure to exercise reasonable care by the defendant. Even if there wasn’t an intent to harm someone, doing something careless does not negate the individual’s liability. Additionally, it is important to consider the victim’s own contribution to the accident. So if the victim was also negligent, it might reduce his or her recovery or deny recovery altogether.
  • Causation – The third element is proving that the defendant’s actions were the cause of the plaintiff’s accident and injuries. Causation means that the failure to exercise reasonable care caused injury.
  • Damages – The fourth and final element is proving that a plaintiff suffered damages, or losses, in order to recover compensation for the harm that they suffered. It is important to understand that injury doesn’t always have to be physical. Emotional distress and financial injuries are also grounds for a personal injury claim.

If you have been injured by a negligent party in Texas, schedule a free consultation with our Fort Worth personal injury attorney at the Law Office of James M. Stanley today.

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The following is a sampling of some of the many cases we have had the privilege to handle on behalf of our clients. Each case is unique and must be evaluated on its own merits. Past results do not predict future results.​​

  • Catastrophic High Pressure Water Injury Resulting in Ruptured Colon, Infections, Multiple Surgeries Required

    NET TO CLIENT $3,069,546.66

  • Catastrophic Brain Injury/Motor Vehicle Accident

    NET TO CLIENT $3,018,051.78

  • Electrocution involving Defective Product

    NET TO CLIENT $2,491,510.87

  • Wrongful Death caused by Employer Negligence

    NET TO CLIENT $1,119,736.98

  • Grandmother seriously injured when rear-ended by 18-wheeler oil

    NET TO CLIENT $977,516.95

  • Wrongful Death due to Employer Negligence

    NET TO CLIENT $852,773.73

  • Wrongful Death caused by Employer Negligence.

    NET TO CLIENT $841,000.00

  • Catastrophic Injury caused by Defective Product.

    NET TO CLIENT $714,000.00

  • Wrongful Death caused by Employer Negligence

    NET TO CLIENT $728,664.19

  • Serious injury caused by 18-Wheeler blocking road

    NET TO CLIENT $584,309.41

  • Wrongful Death caused by Medical Malpractice.

    NET TO CLIENT $443,360.00

  • Wrongful Death and Survival Action

    NET TO CLIENT $461,423.23

  • Wrongful Death of a Fetus and Serious Personal Injury

    NET TO CLIENT $584,062.75

  • Wrongful Deaths

    NET TO CLIENT $532,211.06

  • Wrongful Death of a child

    NET TO CLIENT $499,266.40

  • Serious injuries to driver of 18-wheeler

    NET TO CLIENT $465,230.35

  • Wrongful Death caused by Medical Malpractice.

    NET TO CLIENT $359,520.00

  • Wrongful Death of a Child

    NET TO CLIENT $303,070.11

  • Wrongful Death of a Child

    NET TO CLIENT $380,345.57

  • Wrongful Death caused by physician negligence

    NET TO CLIENT$345,526.90

  • Serious Personal Injury

    NET TO CLIENT $352,813.23

  • Wrongful Death of a Child

    NET TO CLIENT $320,706.81

  • Medical negligence by hospital

    NET TO CLIENT $284,156.68

  • Wrongful Death Alcohol-Related Accident

    NET TO CLIENT $341,061.50


*The amounts reflected are the actual dollar amounts received by clients after deduction of attorney’s fees and expenses.
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* James Stanley is the only attorney of the Law Office of James M. Stanley that has been inducted into the Multi-Million Dollar Advocates Forum and Million Dollar Advocates Forum

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