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Why Duty of Care Is So Important in Personal Injury Claims

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Duty of care is essential in personal injury claims in order to keep liable parties accountable for their unlawful actions that led to an accident. At Hilliard Law, we have over three decades of experience fighting for personal injury victims and the justice they deserve. You should not have to be financially responsible for someone else’s reckless or careless actions.


When establishing lawful duty of care, it is essential to understand why it is so important in the success of a personal injury claim. Duty of care describes the legal responsibility individuals hold to maintain the health and well-being of others. Not only do we all have a moral obligation not to harm others, but, in the eyes of the law, we are also legally liable if a lack of prudence injures someone where others rely on you for safety. For example, following the law when driving or a medical professional providing adequate care.  

At Hilliard Law, we are experienced in the most complex personal injury claims and have secured millions for victims who sustained injuries and other losses due to a breach of duty of care. For a detailed assessment of your claim and valuation of damages, speak with one of our knowledgeable personal injury lawyers during your complimentary consultation. 

What Is Duty of Care and Why Is It Important in Personal Injury Claims?

Everyone has a legal duty to act prudently to avoid injuring others. In personal injury claims, a breach of duty of care may help demonstrate liability in an accident. The obligation to act with a reasonable duty of care applies to many situations, including: 

  • Following all traffic laws and regulations when driving 
  • Maintaining a safe and secure business environment for lawful visitors
  • Maintaining a safe work environment for employees 
  • Following an adequate standard of care when medically treating patients 
  • Homeowners doing upkeep on their properties to ensure guest safety 

There are many examples where a reasonable duty of care is vital to ensure the safety of others. If you are harmed due to someone else’s breach of care, you may be able to pursue compensatory damages for the physical, emotional, and financial suffering they caused. 

What is a Breach of Lawful Duty of Care?

You may hold another individual or business accountable for violating a lawful duty of care. With the help of an experienced Texas personal injury lawyer, you may file a personal injury claim alleging negligence caused you to suffer damages in an accident caused by their breach of duty of care. In order to obtain a successful claim or verdict, the following elements must be demonstrated:

  • You were owed a reasonable duty of care 
  • The responsible party or entity violated their lawful duty of care
  • Their actions directly caused your injuries and losses 
  • You sustained economic damages due to their negligence

To prove that the liable party violated their lawful duty of care, you may require the help of a skilled personal injury lawyer to conduct a comprehensive investigation into your accident. If you are able to obtain valuable evidence and build a strong claim by proving their direct actions or inactions caused your accident, you may recover the economic and non-economic damages incurred as a result of their wrongdoings. 

Contact the Experienced Personal Injury Lawyers at Hilliard Law

Duty of care is essential in personal injury claims in order to keep liable parties accountable for their unlawful actions that led to an accident. At Hilliard Law, we have over three decades of experience fighting for personal injury victims and the justice they deserve. You should not have to be financially responsible for someone else’s reckless or careless actions. 

Our skilled personal injury lawyers have helped countless victims recover millions in successful personal injury claims. We know how to fight for you. Call us at (361) 882-1612 or fill out our contact form. We will work on a contingency fee basis, meaning you don’t pay us unless we win.

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