In fact, the injured party does not have to be the target of the intention, or if the injury was significantly more severe than what was originally intended. Personnel are not immune from tort liability if the character of the discretion they exercise is medical and not governmental." Kassen, 887 S.W.2d at 11. You can file a claim against the government yourself, but we highly recommend working with an attorney who understands the government named in the claim. However, Texas tort laws require you to prove that the other party was at fault for the cause of your injury to hold the party liable for damages. If your case involves the potential liability of a Texas government agency or employee, your injury claim will need to follow a unique set of rules. According to the Texas modified comparative negligence standard, you have the right to seek damages even if you bear some responsibility for an accident. Speak with the lawyers at Deans Stepp Law today to create a solid legal defense and strategy. When no duty exists, no legal liability can arise because of negligence. We represent employees with injury and wrongful death claims, as well as businesses, to protect them against liability.