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Steve Kherkher - January 2, 2026
When someone’s carelessness causes devastating injuries or a fatal accident, Texas law allows victims and their families to hold the at-fault party accountable. In order to actually recover any damages, however, the injured party must know how to prove negligence. Proving negligence is establishing that someone failed to act with reasonable care and that the resulting harm was directly linked to that failure.
At Kherkher Garcia LLP, we’ve built our reputation by creating strategies that work. We advocate and encourage Texans to ensure this process moves forward without any complications. Our approach combines legal precision, investigative resources, and human understanding — because proving negligence isn’t just about legal standards; it’s about restoring lives disrupted by preventable harm.
Negligence occurs when a person fails to act with the level of care that a reasonably prudent individual would use under similar circumstances. It can result from either an action or an omission, but an omission is only negligent when there is a legal duty to act—such as when someone’s prior conduct created a risk of harm. In Texas tort law, negligence rests on evaluating several factors:
Understanding how to prove negligence in Texas requires showing that the defendant’s conduct met all four essential legal elements: duty, breach, causation, and damages. Consider the following:
A duty of care is the legal obligation to act reasonably to prevent harm to others. For instance, drivers owe a duty to operate vehicles safely; businesses owe a duty to maintain their premises; and medical professionals owe a duty to provide competent treatment.
Determining whether a duty exists is often a question of law. Once established, it sets the standard for what behavior is considered acceptable or negligent.
A breach of duty occurs when an individual or entity fails to meet that standard of care. A breach can result from action, such as running a red light, or inaction, like ignoring a known safety risk.
Causation connects the negligent act to the injury. In legal terms, a plaintiff must prove both “cause in fact” and “proximate cause.” “Cause in fact” means the injury wouldn’t have occurred without the defendant’s actions. “Proximate cause” ensures the harm was a foreseeable result of those actions.
Damages refer to the actual harm suffered as a result of negligence. These can include physical injuries, financial losses, and emotional pain. Texas Civil Practice and Remedies Code § 41.001 distinguishes between economic and non-economic damages. Economic damages cover measurable losses such as medical bills and lost income. Meanwhile, non-economic damages compensate for more personal harm like pain and suffering, mental anguish, or loss of companionship.
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How to prove negligence? Strong evidence is the backbone of any personal injury or wrongful death case. In Houston courts, we often use a combination of direct and circumstantial evidence to demonstrate fault. This can include:
Each piece of evidence tells part of the story. When woven together, they help Judges and juries see the complete picture of how negligence occurred and why our clients deserve compensation.
Time is critical in negligence cases. Under Texas Civil Practice and Remedies Code § 16.003, most personal injury and wrongful death lawsuits must be filed within two years from the date of injury or death. However, exceptions exist that may shorten or extend these timelines. Therefore, it is essential to consult with a personal injury lawyer to ensure your rights are protected.
Negligence in wrongful death and catastrophic injury cases often involves complex evidence and emotional stakes. When negligence leads to loss of life, surviving family members may bring a wrongful death claim on behalf of the deceased’s estate and eligible beneficiaries.
In cases involving catastrophic injuries, such as spinal cord trauma, severe burns, or brain injuries, proving negligence also means illustrating how the event permanently changed a person’s quality of life.
Our track record reflects decades of courtroom success and a commitment to holding negligent corporations and individuals accountable for their actions. Kherkher Garcia LLP has secured substantial verdicts and settlements in cases involving:
These results highlight how our firm approaches negligence and personal injury claims—with the preparation, persistence, and dedication it takes to hold negligent parties responsible and deliver justice for those affected.
Negligence cases demand more than legal knowledge; they require strategy, resources, and compassion. Insurance companies often minimize claims, shift blame, or undervalue losses. Without experienced legal representation, victims risk walking away with less than they deserve.
Kherkher Garcia LLP handles every stage — from evidence preservation and expert consultation to negotiation and trial. We understand how Texas juries perceive negligence, what evidence persuades them, and how to establish credibility in the courtroom.
We care deeply about our clients’ recovery. Every case we take on represents a story of accountability, responsibility, and rebuilding.
Negligence can change lives and families in seconds. Proving negligence requires skill, preparation, and an advocate who refuses to settle for less. At Kherkher Garcia LLP, we’ve spent decades helping Texans prove negligence and secure the compensation they deserve. Our Houston, Galveston, and Dallas personal injury lawyers at Kherkher Garcia are here to help.
Call 713-333-1030 or reach out online for a free consultation. We’ll review your case, explain your rights under Texas law, and take the steps needed to hold the negligent party accountable. There are no upfront fees — we only get paid when we win for you.
Steve Kherkher is passionate about serving his clients. He has dedicated his life to championing the rights of those who have experienced catastrophic injury due to negligence. Steve Kherkher, along with Trial Lawyer Jesus Garcia, founded Kherkher Garcia, and under their leadership, the firm achieved unprecedented success within its first three years. With a career spanning over 35 years, Steve’s tireless pursuit of justice for his clients has earned him national recognition and numerous accolades as an exemplary trial attorney.
Steve Kherkher
FOUNDING PARTNER AND 35+ YEAR TRIAL LAWYER
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorneys Steve Kherkher and Jesus Garcia Jr., who have more than 50 years of combined legal experience championing the rights of those who have experienced catastrophic injury due to negligence.
Connect with a Kherkher Garcia trial lawyer today to pursue maximum compensation for your injury.
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