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Personal Injury

Personal injury cases can take many forms, from aviation accidents to medical malpractice to product liability to automobile accidents. Generally, however, most involve the concept of “negligence.”

Texas law defines “negligence” as:

…failure to use ordinary care, that is, failing to do that which a person of ordinary prudence would have done under the same or similar circumstances or doing that which a person of ordinary prudence would not have done under the same or similar circumstances.

The plaintiff bears the burden of proving that the defendant’s conduct constituted “negligence,” as well as proving that such negligence was “a proximate cause” of his or her damages.

“Proximate cause” is defined in Texas as:…that cause which, in a natural and continuous sequence, produces an event, and without which cause such event would not have occurred. In order to be a proximate cause, the act or omission complained of must be such that a person using ordinary care would have foreseen that the event, or some similar event, might reasonably result there from. There may be more than one proximate cause of an event.

Unfortunately, Texans are more susceptible than most other Americans to being injured by the negligence of another according to government statistics. For example, since 1992, Texas has ranked either first or second in the number of fatal occupational injuries, according to the U.S. Bureau of Labor Statistics. Texas ranked second in fatal car crashes in 2003 and 2004, but lead the nation in the number of fatal accidents involving large trucks (f/n National Center For Statistics and Analysis, “Large Trucks,” DOT HS 809 763)

Hartley Hampton has represented people from all walks of life who have been negligently injured and he has handled virtually every type of personal injury case. Many cases have been referred to him by other lawyers.

The firm works strictly on a contingent fee basis and advances all of the costs of investigation, case development and court costs. Those expenses, plus our fee, are deducted from the ultimate recovery. But if we are not successful, we absorb all costs and charge no fee.

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©2005 Hartley Hampton, P.C.