Add to ORKGLegal malpractice suits, like any negligence claim, require the plaintiff to meet all of the elements of the malpractice claim. Texas malpractice claims are based on professional negligence. In Texas, the elements a plaintiff must prove in a legal malpractice claim are: (1) the attorney owed the plaintiff a duty; (2) the attorney breached that duty; (3) the breach proximately caused the plaintiffs injuries; and (4) damages occurred. Most jurisdictions, including Texas, place the burden on the plaintiff to meet all elements of the claim, including causation. However, a significant minority of jurisdictions allow the burden to shift to the defendant after the plaintiff presents a prima facie case of negligence
Causation is a concept of enormous importance in the law. In just the last two years, the United Sta...
Any plaintiff seeking to recover in tort must prove that the defendant has breached the duty of care...
Several elements must be shown to be fulfilled for a court to hold that negligence has occurred, and...
Like malpractice actions in general, the standards of proof required for each element of a legal mal...
The plaintiff has the burden of proving each of the essential elements of a cause of action for negl...
This note argues that the use of a but for standard of causation in legal malpractice cases - i.e., ...
grantor: University of TorontoIt is fundamental for liability in negligence law that a pl...
Typically, a plaintiff in a legal malpractice suit must prove by a preponderance of evidence that bu...
In proving negligence, one of the elements which the plaintiff must prove is that the damage suffere...
The collectibility requirement as part of the legal malpractice plaintiff’s affirmative case is well...
Medical malpractice in South Africa, has gained significant momentum over the years. Healthcare prof...
According to the principle ‘actori incumbit probatio’, codified in many civil and procedural codes, ...
Causation is an important concept in negligence law in which plaintiff would have to prove that the ...
Courts around the world are increasingly considering whether liability should exist in various types...
Negligence is not a ground of liability unless it causes injury or damage to some interest which the...
Causation is a concept of enormous importance in the law. In just the last two years, the United Sta...
Any plaintiff seeking to recover in tort must prove that the defendant has breached the duty of care...
Several elements must be shown to be fulfilled for a court to hold that negligence has occurred, and...
Like malpractice actions in general, the standards of proof required for each element of a legal mal...
The plaintiff has the burden of proving each of the essential elements of a cause of action for negl...
This note argues that the use of a but for standard of causation in legal malpractice cases - i.e., ...
grantor: University of TorontoIt is fundamental for liability in negligence law that a pl...
Typically, a plaintiff in a legal malpractice suit must prove by a preponderance of evidence that bu...
In proving negligence, one of the elements which the plaintiff must prove is that the damage suffere...
The collectibility requirement as part of the legal malpractice plaintiff’s affirmative case is well...
Medical malpractice in South Africa, has gained significant momentum over the years. Healthcare prof...
According to the principle ‘actori incumbit probatio’, codified in many civil and procedural codes, ...
Causation is an important concept in negligence law in which plaintiff would have to prove that the ...
Courts around the world are increasingly considering whether liability should exist in various types...
Negligence is not a ground of liability unless it causes injury or damage to some interest which the...
Causation is a concept of enormous importance in the law. In just the last two years, the United Sta...
Any plaintiff seeking to recover in tort must prove that the defendant has breached the duty of care...
Several elements must be shown to be fulfilled for a court to hold that negligence has occurred, and...